[Ord. 556, 3/23/2011, § 1]
This Part shall be known and may be cited as the "Northampton
Township Air Pollution Control Ordinance of 2011."
[Ord. 556, 3/23/2011, § 1]
The Board of Supervisors of Northampton Township, under and
by virtue of and pursuant to the authority granted by the Second Class
Township Code, 53 P.S. § 65101 et seq., does hereby enact
and ordain this Part.
[Ord. 556, 3/23/2011, § 1]
Whereas the Board of Supervisors of Northampton Township has
determined that air pollution from open burning may be detrimental
to the health, comfort, living conditions, welfare, and safety of
the citizens of Northampton Township, it is hereby declared to be
the policy of the Township to safeguard the citizens of Northampton
Township from such air pollution.
[Ord. 556, 3/23/2011, § 1]
1.
AIR BASIN
AIR CURTAIN DESTRUCTOR
BOARD
BURNING
CLEARING AND GRUBBING WASTES
COMPOSTING
DOMESTIC REFUSE
MUNICIPALITY
OPEN BURNING
PERSON
YARD WASTE
The following words, terms, and phrases, when used in this Part,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
A geographic area of this Commonwealth as delimited Southeast
Pennsylvania Air Basin — the counties of Bucks, Chester, Delaware,
Montgomery, and Philadelphia.
A mechanical device which forcefully projects a curtain of
air across a pit in which open burning is being conducted so that
combustion efficiency is increased and smoke and other particulate
matter are contained.
The Board of Supervisors of Northampton Township.
The act of consuming by fire; to flame, char, scorch, or
blaze. As used in this Part, smoldering shall have the same meaning,
as burning and smoldering shall be deemed as burning.
Trees, shrubs, and other native vegetation which are cleared
from land during or prior to the process of construction. The term
does not include demolition wastes and dirt-laden roots.
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
Waste that is generated from the normal occupancy of a structure
occupied solely as a dwelling by two families or less. The term does
not include appliances, carpets, demolition waste (insulation, shingles,
siding, etc.), furniture, mattresses or box springs, paint, putrescible
waste, solvents, tires, or treated wood.
A city, incorporated town, township, borough, county, municipal
authority, or other public body created under State law having jurisdiction
over the disposal of sewage, industrial wastes, or other wastes.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere.
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the Commonwealth or the Federal
Government, political subdivision, municipality, district, authority,
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery, and other vegetative material.
[Ord. 556, 3/23/2011, § 1]
1.
It is unlawful for any person or entity to burn solid waste, including
domestic refuse and yard waste, in violation of any provision of the
Solid Waste Management Act, 35 P.S. § 6018.101 et seq.,
or any rule or regulation promulgated by any Commonwealth agency pursuant
thereto.
2.
In addition to the specific exceptions set forth in the Solid Waste
Management Act, 35 P.S. § 6018.101 et seq., and any regulation
thereof, the following exceptions are also recognized:
A.
A fire set to prevent or abate a fire hazard, when approved by the
Department of Environmental Protection's Regional Air Quality
Program Office and set by or under the supervision of a public officer.
B.
Any fire set for the purpose of instructing personnel in firefighting,
when approved by the Department of Environmental Protection's
Regional Air Quality Program office.
C.
A fire set for the prevention and control of disease or pests, when
approved by the Department of Environmental Protection's Regional
Air Quality Program office.
D.
A fire set for the purpose of clearing and grubbing waste. If an
air curtain destructor must be used within an air basin, the process
must be approved by the Department of Environmental Protection's
Regional Air Quality Program office.
E.
A fire set in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of the farm operation
(under 25 Pa. Code § 129.14).
F.
A fire set solely for cooking food.
G.
A fire set solely for recreational or ceremonial purposes.
3.
No person shall cause, suffer, or permit any open burning operation
whatsoever if said open burning operation is contrary to 25 Pa. Code
§ 129.14, Rules and Regulations of the Department of Environmental
Resources.
4.
No person shall in any manner hinder, delay, obstruct, resist, prevent,
or in any way interfere with the Fire Marshal or his designees in
the performance of their duty hereunder, or refuse such personnel,
after proper identifications, entrance at reasonable hours to any
premises.
5.
Any person or entity failing, neglecting, or refusing to comply with
a lawful abatement notice issued by the Fire Marshal of the Township
shall be subject to the penalties as set forth in this Part. Any person
or entity receiving such abatement notice may, obtain, upon written
request, an extension of time to comply therewith by making application
to the Fire Marshal.
[Ord. 556, 3/23/2011, § 1; as amended by Ord. 561, 4/25/2012; and by Ord.
572, 9/17/2014]
1.
In the event of a violation of this Part, any police officer of the
Township of Northampton may present to the owner, tenant or occupant
a notice indicating the nature of the offense and bearing the statement
that no prosecution shall be instituted for 48 hours hereafter if,
during said forty-four-hour period, the offender shall voluntarily
appear at the office of the Police Department of the Township of Northampton,
50 Township Road, Richboro, Pennsylvania 18954, and voluntarily enter
a plea of guilty and pay a penalty of $25 for the first offense, $50
for the second offense, and $75 for the third offense to the Township.
In the event such persons fail to comply with such notice, the offense
will thereafter be prosecuted and the penalty collected in a manner
prescribed by existing laws.
2.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
3.
The Board may institute an action in equity for an injunction to
restrain any violation of this Part.
