This chapter shall be known and may be cited as the "North Whitehall
Township Air Pollution Control Ordinance of 2008."
The Board of Supervisors of North Whitehall Township, under
and by virtue of and pursuant to the authority granted by the Air
Pollution Control Act, as amended, 35 P.S. § 4012 et seq.,
the Pennsylvania Municipalities Planning Code (MPC), and the Second
Class Township Code Act of May 1, 1933 (P.L. 103, No. 69), reenacted
and amended November 9, 1995 (P.L. 350, No. 60), as amended, do hereby enact and ordain this chapter.
Whereas the Board of Supervisors of North Whitehall 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 North Whitehall Township, it is hereby declared to
be the policy of North Whitehall Township to safeguard the citizens
of North Whitehall Township from such air pollution.
The following words, terms, and phrases, when used in this chapter,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
AIR BASIN
A geographic area of this commonwealth as delimited in Attachment
A.
AIR CURTAIN DESTRUCTOR
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.
BOARD
North Whitehall Township Board of Supervisors.
BURNING
The act of consuming by fire; to flame, char, scorch, or
blaze. As used in this chapter, "smoldering" shall have the same meaning
as burning and any smoldering shall be deemed a burning.
CLEARING AND GRUBBING WASTES
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.
COMPOSTING
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
DOMESTIC REFUSE
Waste which 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.
MUNICIPALITY
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.
OPEN BURNING
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
PERSON
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.
YARD WASTE
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery, and other vegetative material.
After November 1, 2008, no person may permit the open burning
of material with the exception of the following:
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 burning clearing and grubbing waste.
If within an air basin, an air curtain destructor must be used and
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.
F. A fire set solely for cooking food, recreational or ceremonial purposes.
Fires set solely for cooking food, recreational or ceremonial purposes:
[Amended 3-5-2018 by Ord.
No. 2018-1]
(1) Shall be constantly attended
by a competent adult until the fire is completely extinguished. This
shall include the extinguishment of embers.
(2) Water in the form of a garden hose or water-filled buckets or a fire
extinguisher shall be on hand at all times while a fire is burning.
The water or extinguisher shall be of adequate size and volume to
stop any spread of fire beyond the fire area.
(3) Shall not be located:
(a)
Within 20 feet of a structure, vehicle or combustible materials.
[Amended 5-3-2021 by Ord.
No. 2021-2]
(b)
Within 20 feet of any bordering property line.
(c)
Within the front yard setback of any property.
(d)
Within 20 feet of a utility pole, transformer or fire hydrant.
(4) Materials permitted to be burned shall consist of charcoal, coal
or natural tree firewood only. Materials such as dimensional lumber,
pressure-treated lumber, railroad ties, pallets, yard waste, leaves,
dried grass and brush, trash and rubbish, newspaper and cardboard
and other similar materials may not be burned.
(5) The total fuel area of the fire shall not exceed six feet in diameter
and shall not be more than four feet in height.
(6) Fires shall not be placed in a metal barrel; however, commercial
fire pits or stone/masonry pits not exceeding six feet in diameter
are permitted.
Any person who violates any provision of this chapter or any
order of North Whitehall Township issued pursuant to this chapter
commits a summary offense and shall, upon conviction, be sentenced
to pay a fine of not less than $100 nor more than $2,500 for each
separate offense and, in default of the payment of such fine, may
be sentenced to imprisonment for 90 days for each separate offense.
Employees of North Whitehall Township authorized to conduct inspections
or investigations are hereby declared to be law enforcement officers
authorized to issue or file citations for summary violations under
this chapter, and the Solicitor is hereby authorized to prosecute
these offenses. For purposes of this section, a summary offense may
be prosecuted before any Magisterial District Judge having jurisdiction
in or for North Whitehall Township. There is no accelerated rehabilitative
disposition authorized for a summary offense.
It shall be unlawful to fail to comply with or to cause or assist
in the violation of any of the provisions of this chapter or to fail
to comply with any order or other requirement of North Whitehall Township;
or to cause a public nuisance; or to cause air, soil, or water pollution
resulting from an open burning incident; or to hinder, obstruct, prevent,
or interfere with North Whitehall Township or its personnel in their
performance of any duty hereunder, including denying the Zoning and/or
Code Enforcement Officer access to the source or facility; or to violate
the provisions of 18 Pa.C.S.A. § 4903 (relating to false
swearing) or 4904 (relating to unsworn falsification to authorities)
in regard to papers required to be submitted under this chapter. The
owner or operator of an open burning source shall not allow pollution
of the air, water, or other natural resources of North Whitehall Township
to result from the source.
A violation of this chapter or of any order issued by the North Whitehall Township under this chapter shall constitute a public nuisance. North Whitehall Township shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, North Whitehall Township may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in §
176-9. Whenever the nuisance is maintained or continued contrary to this chapter or any order issued pursuant to this chapter, the nuisance may be abatable in the manner provided by this chapter. Any person who causes the public nuisance shall be liable for the cost of abatement.
Ordinance No. 2007-14 previously enacted is hereby repealed.
All other ordinances or parts thereof which are in conflict with this
chapter are hereby repealed.
The provisions of this chapter are severable, and, if any section,
clause, sentence, part, or provision thereof shall be held illegal,
invalid, or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, clauses, sentences, parts, or provisions of this chapter.
It is hereby declared to be the intent of the Board of Supervisors
that this chapter would have been adopted if such illegal, invalid,
or unconstitutional section, clause, sentence, part, or provision
had not been included herein.
This chapter shall become effective on the first day of November
2008.
The Board of Supervisors, and its agents, officials, and representatives,
shall not under any circumstances be liable or responsible for damages
caused by any person or property by reason of the issuance of any
permit under the provisions of this chapter or by reason of the conduct
of any burning activity in compliance or noncompliance with the terms
and provisions hereof. The person, persons, company or companies responsible
for any such fire and the permit holder, if any, shall bear sole liability
for any damages caused as a result thereof.