[HISTORY: Adopted by the Borough Council of the Borough of
Green Lane 8-13-2020 by Ord. No.
2020-01. Amendments noted where applicable.]
This chapter shall be known and may be cited as the Borough
of Green Lane ("Borough") "Restated Air Pollution Control Ordinance."
The Borough Council ("Council") of the Borough, under, and by
virtue of and pursuant to, the authority granted by the Borough Code,
8 Pa.C.S.A. § 101 et seq., does hereby enact and ordain
this chapter.
Council has determined that air pollution from open burning
may be detrimental to the health, comfort, living conditions, welfare,
and safety of the citizens of the Borough. It is hereby declared to
be the policy of the Borough to safeguard the citizens of the Borough
from such air pollution. Whereas Council adopted the Air Pollution
Control Ordinance as Ord. No. 2011-01 and then amended the Air Pollution
Control Ordinance by adopting Ord. No. 2011-02, to allow Ord. No.
2011-01 and Ord. No. 2011-02 to be more easily construed together,
Council has decided to adopt this "Restated Air Pollution Control
Ordinance" by combining Ord. No. 2011-01 and Ord. No. 2011-02 and
by updating necessary provisions contained therein.
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:
A geographic area of this Commonwealth as delimited in Attachment
A.[1]
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 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.
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.
Borough Council.
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.
The following is a partial list of those materials that are
classified as "nonburnable" under the guidelines of this chapter:
Plastic; rubber; oils; asbestos; composition boards; shingles;
siding; felt paper; canvas; fiber glass; vinyl; or any similar materials;
or any combination of the above with any other materials.
Human or animal waste; sanitary napkins; diapers; food solids;
oil filters; or any other materials individually or in combination,
that emit smoke, or acrid, obnoxious or toxic odors.
Grass clippings and leaves.
Domestic refuse, which is waste generated from the normal occupancy
of a structure occupied solely as a dwelling.
Appliances; carpets; demolition waste; insulation; furniture;
mattresses; box springs; paint; putrescible waste; solvents; tires;
or treated wood.
The above is a partial list of those items and materials prohibited
under the guidelines of this chapter. Any other materials that do
not comply fully with the intent of this chapter or otherwise create
a nuisance to people or animals are strictly prohibited.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
A fuel-burning device that:
Is designed to bum, or is capable of burning, a) clean wood
or b) wood pellets made from clean wood or c) home heating oil that
complies with all applicable sulfur limits and is used as a starter
or supplemental fuel for dual-fired outdoor wood-fired boilers, natural
gas that complies with all applicable sulfur limits and is used as
a starter or supplemental fuel for dual-fired outdoor wood-fired boilers
or propane that complies with all applicable sulfur limits and is
used as a starter or supplemental fuel for dual-fired outdoor wood-fired
boilers.
Has a rated thermal output of less than 350,000 British thermal
units (BTUs) per hour.
The manufacturer designs or specifies for outdoor installation
or installation in structures not normally intended for habitation
by humans or domestic animals, including structures like garages and
sheds.
Heats building space or fluid, or both, through the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a mixture of water and antifreeze.
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.
A specific time of day, as determined and published by the
U.S. Weather Bureau locally, at which time the sun rises and sets.
Garden residue, tree trimmings, chipped shrubbery and other
vegetative material. This definition does not include leaves and does
not include grass clippings.
[1]
Editor's Note: Attachment A is included as an attachment to this chapter.
After the effective date of this chapter, no person may permit
the open burning of material with the exception of the following:
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.
G.
A fire set solely for recreational purposes so long as the fire is
in a burn container and not within 25 feet of a building or structure.
Any recreational fire shall be attended at all times by an individual
18 years or older under such time as the flame has subsided completely.
A water source and/or extinguishing source for the fire shall be within
five feet of the fire. Unattended burning shall be in direct violation
of this chapter. For purposes of this chapter, a "burn container"
shall mean any container used for the purpose of burning materials
as authorized herein; constructed of masonry, metal or other noncombustible
rigid material; and containing a bottom, sides and a burn container
cover. Burn containers shall not be allowed to deteriorate to a point
where they contain holes or are missing surface in the structure.
If metal drums are being used as burn containers, they shall not contain
toxic or flammable or other regulated materials; and metal drums shall
be free from holes in the sides and bottom. The burn containers must
contain a burn container cover. For purposes of this chapter, a "burn
container cover" shall mean a metal screen, or other comparable material,
with spaces not more than one-half square inch that covers the entire
open area above the burn container opening; such burn container covers
shall be maintained in good order as to prevent large particles from
escaping the burn container during operation. The burn container cover
shall not be allowed to deteriorate to any point whereby it loses
its maximum efficiency.
H.
A bonfire or a fire set for ceremonial purposes upon the issuance
of a special burning permit by the Borough Fire Marshall whenever
circumstances so dictate and not within 25 feet of a building or structure.
A water source and/or extinguishing source for the fire shall be within
five feet of the fire.
(1)
A special burning permit is required from the Borough for a fire set pursuant to this Subsection H in accordance with the following requirements:
(a)
An application requesting a special burning permit shall be
provided at least 14 days prior to the proposed burn date to the Borough
Fire Marshall on a form provided by the Borough.
(b)
In granting such a special burning permit, the Borough Fire
Marshall shall determine whether or not the Green Lane Fire Company
shall be in attendance and any other requirements deemed necessary
by the Borough Fire Marshall.
(c)
A special burning permit issued under this Subsection H shall be valid for only the date specified on the application requesting a special burning permit.
(d)
The cost for each special burning permit shall be $5; said cost
may be revised from time to time by Council.
I.
A fire set for the purpose of burning that amount of yard waste generated
from the premises of a structure occupied solely as a dwelling by
two families or less (except where composting is mandatory), when
the fire is on the premises of said structure. A water source and/or
extinguishing source for the fire shall be within five feet of the
fire. The fire shall not be set within 25 feet of a building or structure.
The burning of yard waste is permitted only between sunrise and sunset.
The burning of yard waste is prohibited on the following days: all
Sundays, Good Friday, Memorial Day, July 4, Labor Day, October 31,
Thanksgiving and Christmas.
(1)
A burning permit is required from the Borough for a fire set pursuant to this Subsection I as follows:
(a)
An application requesting a burning permit allowing such burning
of yard waste shall be provided at least 14 days prior to the proposed
initial burn date to the Borough Fire Marshall on a form provided
by the Borough stating the initial date that the burning of yard waste
will take place.
(b)
In granting such a burning permit, the Borough Fire Marshall
shall determine whether there are any other requirements deemed necessary
by the Borough Fire Marshall.
(c)
A burning permit issued under this Subsection I shall be valid from the proposed initial burn date until the end of the calendar year of the proposed initial burn date. By way of example, if the proposed initial burn date is July 1, 2020, and if a burning permit is issued, the burning permit shall be valid through and including December 31, 2020. By way of further example, if the proposed initial burn date is December 1, 2020, and if a burning permit is issued, the burning permit shall be valid through and including December 31, 2020.
(d)
The cost for each burning permit shall be $5; said cost may
be revised from time to time by Council.
J.
An outdoor wood-fired boiler so long as the person uses or operates
the outdoor wood-fired boiler in compliance with applicable Commonwealth
of Pennsylvania, Montgomery County and Borough laws and regulations
adopted thereunder and as may be enacted and amended from time to
time.
A.
The Borough Code Enforcement Officer or any other duly authorized
agent shall have the power and duty to enforce the provisions of this
chapter.
B.
The Borough may issue such orders as are necessary to aid in the
enforcement of the provisions of this chapter. These orders shall
include, but shall not be limited to: orders requiring persons to
cease unlawful open burning which, in the course of its occurrence,
is in violation of any provision of this chapter; orders to take corrective
action or to abate a public nuisance; orders requiring the testing,
sampling, or monitoring of any open burning: or orders requiring production
of information. Such an order may be issued if the Borough finds that
any condition existing in or on the facility or source involved is
causing or contributing to open burning or if the Borough finds that
any person is in violation of any provision of this chapter.
C.
The Borough may, in its order, require compliance with such conditions
as are necessary to prevent or abate open burning or effect the purposes
of this chapter.
D.
An order issued under this section shall take effect upon notice,
unless the order specifies otherwise.
E.
The authority of the Borough to issue an order under this section
is in addition to any remedy or penalty which may be imposed pursuant
to this chapter. The failure to comply with any such order is hereby
declared to be a public nuisance.
F.
Council shall have the authority to enact a burn ban that bans all
open burning within the Borough as it deems appropriate at any regularly
scheduled Council meeting. Likewise, Council shall have the authority
to lift a burn ban within the Borough as it deems appropriate at any
regularly scheduled Council meeting.
A.
Whenever the Borough Code Enforcement Officer or any other duly authorized agent finds that open burning is occurring in the Borough, other than those exceptions noted in § 93-5 above, the Borough Code Enforcement Officer or any other duly authorized agent may order the owner or operator to take corrective action in a manner satisfactory to the Borough, or the Borough Code Enforcement Officer or any other duly authorized agent may order the owner or operator to allow access to the land by the Borough Code Enforcement Officer or any other duly authorized agent or a third party to take such action.
B.
For purposes of collecting or recovering the costs involved in taking corrective action or pursuing a cost recovery action pursuant to an order or recovering the cost of litigation, oversight, monitoring, sampling, testing, and investigation related to a corrective action, the Borough may collect the amount in the same manner as civil penalties are assessed and collected following the process for assessment and collection of a civil penalty contained in § 93-9 of this chapter.
Any person who violates any provision of this chapter or any
order of the Borough 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. The Borough Code Enforcement
Officer or any other duly authorized agent or employees of the Borough
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 Borough's Solicitor
is hereby authorized to prosecute these offenses. For purposes of
this section, a summary offense may be prosecuted before any Magisterial
District Judge with jurisdiction over such matters.
A.
In addition to proceeding under any other remedy available at law
or in equity for a violation of a provision of this chapter or any
order issued pursuant to this chapter, the Borough may assess a civil
penalty for the violation. The penalty may be assessed whether or
not the violation was willful. The civil penalty so assessed shall
not exceed $10,000 per day for each violation. In determining the
amount of the penalty, the Borough shall consider the willfulness
of the violation; damage to air, soil, water, or other natural resources
of the Borough or their uses; financial benefit to the person in consequence
of the violation; deterrence of future violations; cost to the Borough;
the size of the source or facility; the compliance history of the
source; the severity and duration of the violation; the degree of
cooperation in resolving the violation; the speed with which compliance
is ultimately achieved; whether the violation was voluntarily reported;
other factors unique to the owners or operators of the source or facility;
and other relevant factors.
B.
When the Borough proposes to assess a civil penalty, it shall inform
the person of the proposed amount of the penalty. The person charged
with the penalty shall then have 30 days to pay the proposed penalty
in full; or if the person wishes to contest the amount of the penalty
or the fact of the violation to the extent not already established,
the person shall forward the proposed amount of the penalty to the
Borough within the thirty-day period for placement in an escrow account
with the State Treasurer or any commonwealth bank or post an appeal
bond to the Borough within 30 days in the amount of the proposed penalty,
provided that such bond is executed by a surety licensed to do business
in the commonwealth and is satisfactory to the Borough. If, through
administrative or final judicial review of the proposed penalty, it
is determined that no violation occurred or that the amount of the
penalty shall be reduced, the Borough shall, within 30 days, remit
the appropriate amount to the person with any interest accumulated
by the escrow deposit. Failure to forward the money or the appeal
bond at the time of the appeal shall result in a waiver of all legal
rights to contest the violation or the amount of the civil penalty
unless the appellant alleges financial inability to prepay the penalty
or to post the appeal bond. A hearing shall be conducted to consider
the appellant's alleged inability to pay within 30 days of the date
of the appeal. The Borough may waive the requirement to prepay the
civil penalty or to post an appeal bond if the appellant demonstrates
and the Borough finds that the appellant is financially unable to
pay. The Borough shall issue an order within 30 days of the date of
the hearing to consider the appellant's alleged inability to pay.
The amount assessed after administrative hearing or after waiver of
administrative hearing shall be payable to the Borough and shall be
collectible in any manner provided by law for the collection of debts,
including the collection of interest on the penalty amount computed
in accordance with Section 6621(a)(2)[1] of the Internal Revenue Code of 1986 (Public Law 99-514,
26 U.S.C. § 1 et seq.) from the date of assessment of the
penalty. If any person liable to pay any such penalty neglects or
refuses to pay the same after demand, the amount, together with interest
and any costs that may accrue, shall constitute a debt of such person,
as may be appropriate, to the Borough. The debt shall constitute a
lien on all property owned by said person when a notice of lien incorporating
a description of the property of the person subject to the action
is duly filed with the prothonotary of the court of common pleas where
the property is located. The prothonotary shall promptly enter upon
the civil judgment or order docket, at no cost to the Borough, the
name and address of the person, as may be appropriate, and the amount
of the lien as set forth in the notice of lien. Upon entry by the
prothonotary, the lien shall attach to the revenues and all real and
personal property of the person, whether or not the person is solvent.
The notice of lien, filed pursuant to this section, which affects
the property of the person shall create a lien with priority over
all subsequent claims or liens which are filed against the person,
but it shall not affect any valid lien, right, or interest in the
property filed in accordance with established procedure prior to the
filing of a notice of lien under this section.
[1]
Editor's Note: See 26 U.S.C.A. § 6621(a)(2).
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 the Borough; 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 the Borough or its personnel in their performance
of any duty hereunder, including denying the Borough Code Enforcement
Officer or any other duly authorized agent 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 the Borough to result from the source.
A violation of this chapter or of any order issued by the Borough under this chapter shall constitute a public nuisance. The Borough shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Borough may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 93-9. 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.
No person shall burn or cause to be burned any of the nonburnable material, as defined in § 93-4 of this chapter, or any like or similar materials not in compliance or inconsistent with this chapter. It shall be illegal to burn any materials that give off any acrid, obnoxious or toxic odors, or emit heavy smoke.
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 Council 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 within the time period provided
by law.
