Borough of Blawnox, PA Chapter 200 Burning, Open

[HISTORY: Adopted by the Mayor and Council of the Borough of Blawnox 10-18-1982 by Ord. No. 413; amended in its entirety at time of adoption of Code (see Ch. General Provisions, Art. I). Subsequent amendments noted where applicable.]

§ 200-1 Definitions.

The following words, terms and phrases, when used in the chapter, unless the content clearly indicates otherwise, shall have the following meanings ascribed to them:

COUNCIL

The Council of the Borough of Blawnox.

OPEN BURNING

Any fire or combustion from which air contaminants pass directly into the open air without passing through a flue. The term includes any fire or combustion which occurs in a chiminea, fire pit, outdoor fireplace or grill.

PERSON

Any individual, partnership, association, syndicate, company, firm, trust, corporation, department, bureau, agency or other entity recognized by law as the subject of rights and duties.

§ 200-2 Prohibitions and requirements.

A. No person shall conduct, or allow to be conducted, the open burning of any material, except where the Borough has issued an open burning permit to such person in accordance with this article or where the open burning is conducted solely for the purpose of preparation of food for human consumption, recreation, light, or ornament, and in a manner which contributes a negligible amount of air contaminants, and which is in accordance with Subsection A(1) through (3), below.

(1) No material other than clean wood, propane, or natural gas may be burned except as provided for in this subsection.

(a) Charcoal may be used in an outdoor fireplace or grill for the purpose of cooking.

(b) Commercially available fire logs, paraffin logs, or wood pellets may be used in outdoor fireplaces.

(c) Paper or commercial smokeless fire starters may be used with clean wood to start an allowed fire.

(2) Any volume of clean wood being burned shall be no larger than three feet wide by three feet long by two feet high and shall be at least 15 feet from the nearest neighbor's dwelling or inhabited area, any property line, roadway, sidewalk, or public accessway.

(3) Open burning using chimineas, fire pits, or outdoor fireplaces may only be conducted using materials meeting Subsection A(1), above.

B. Any open burning shall be tended by a responsible person at all times.

C. Wood-burning activities shall not be conducted on Air Quality Action Days, with the exception of conducting such burning for the commercial preparation of food.

D. The Borough may prohibit, or reduce, any open burning activity which it determines to be a nuisance. This determination will be based on, but not limited to, the following criteria:

E. This chapter shall not allow or permit any open burning which would not otherwise be allowed or permitted under any applicable ordinance or fire code.

§ 200-3 Discovery of fire.

Immediately upon the discovery of any open burning that is not being conducted in accordance with this chapter, the person responsible for the property on which such burning occurs shall immediately extinguish, or cause the extinguishment of, such burning.

§ 200-4 Presumption.

Proof that the defendant in any enforcement action owns or controls the property on which open burning occurs shall be prima facie evidence that such defendant has conducted, or allowed to be conducted, such open burning.

§ 200-5 Permits.

A. The Borough does not issue permits for open burning; however, Allegheny County may issue a permit for open burning during a period specified by the County, but only where the open burning is solely for:

(1) The abatement of a fire or public health hazard when the burning is conducted under the supervision of a public officer;

(2) The instruction of personnel in firefighting, except that instruction using only propane does not require a permit;

(3) The fostering of agriculture;

(4) The conducting of a ceremony; or

(5) Clearing and grubbing wastes subject to, at a minimum, the following requirements:

(a) Air curtain incineration units shall be used at all times when burning clearing and grubbing wastes.

(b) The use of air curtain incineration units shall not be permitted unless approved by the County, in writing, with respect to equipment arrangement, design, and existing environmental conditions prior to commencement of burning.

(c) Approval for use of an air curtain incineration unit at one site may be granted for a specified period not to exceed three months, but may be extended for additional limited periods upon further written approval by the County.

(d) The application for said permit must be accompanied by a nonrefundable permit application fee, by check or money order payable to the "Allegheny County Air Pollution Control Fund," to cover the costs associated with processing, reviewing, and acting upon the application. The amount of the fee shall be set by the Board of Health.

(e) If operated at commercial, industrial, or institutional facilities, the air curtain incinerator may also be subject to the NSPS requirements of 40 CFR 60 Subpart CCCC or EEEE.

(6) Any fees approved by the Board of Health under the terms of this section shall not become effective until approved by Allegheny County Council.

B. The permit application shall be submitted on forms prepared by the County at least 15 days prior to the proposed burning date(s) and shall specify the types of materials to be burned, and only those types of materials which are approved by the County in the permit shall be burned.

C. The County may issue a permit subject to any additional terms and conditions as are appropriate to further the purposes of this chapter, and may deny a permit application or rescind any such permit when it determines that an actual or potential air pollution problem exists.

D. An approved permit shall be in the possession of the applicant or an authorized representative at the site of the permitted open burning at all times during said open burning and shall be available for inspection upon request by any Borough personnel, law enforcement officer, or fire protection officer.

E. Any open burning permit issued by the County shall immediately be suspended upon the declaration of an alert or localized incident pursuant to § 200-6 of this chapter and shall remain suspended for the duration of the alert or localized incident. If the open burning permit expires during such period of suspension, an extension of such permit shall be obtained from the County prior to burning any materials.

F. Open burning activities requiring a permit shall not be conducted on Air Quality Action Days.

§ 200-6 Coal refuse piles.

In the case of a fire at any coal refuse pile or dump, the person responsible shall:

A. Report such fire immediately to the Borough upon discovery;

B. Immediately extinguish such fire, or demonstrate to the Borough's satisfaction that all necessary steps are being taken to extinguish such fires as expeditiously as possible; and

C. Report the status of such fire to the Borough at such intervals as required by the Borough.

§ 200-7 Enforcement.

Notwithstanding any other provision of this chapter, the prohibitions of this chapter may be enforced by any municipal or local government unit having jurisdiction over the place where the burning occurs. Such enforcement shall be in accordance with the laws governing such municipal or local government unit and the Pennsylvania Air Pollution Control Act.[1] In addition, the Borough may pursue the remedies provided by § 200-8 for any violation of this chapter.

[1] Editor's Note: See 35 P.S. § 4001 et seq.

§ 200-8 Violations and penalties.

Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Allegheny County.