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.
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.
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.
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.
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. In addition, the Borough may pursue the remedies provided by §
200-8 for any violation of this chapter.
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.