[Ord. No. 83, 12/5/2001]
This part shall be known and may be cited as the "London Grove Township Air Pollution Control Ordinance of 2001."
[Ord. No. 83, 12/5/2001]
The board of supervisors under, and by virtue of and pursuant to the authority granted by the Second Class Township Code does hereby enact and ordain this part.
[Ord. No. 83, 12/5/2001]
Whereas the board of supervisors 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 township, it is hereby declared to be the policy of the township to safeguard the citizens from such air pollution by preventing needless damage to life and property because of public and private nuisances caused by outdoor fires deliberately or carelessly set and maintained.
[Ord. No. 83, 12/5/2001]
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:
An individual 18 years or older who is not under the influence of drugs or alcohol or suffering from any other disability which would impair his or her ability to properly supervise a fire.
A geographic area of this commonwealth.
A mechanical device that 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 part, smoldering shall have the same meaning as burning and any smoldering shall be deemed a burning.
Trees shrubs, and other native vegetation which are not 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 conditions to yield a humus-like product.
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, carports, demolition waste (insulation, shingles, siding, etc.) furniture, mattresses or box springs, paint, putrescible waste, solvents, tires, or treated wood.
A city, incorporated town, 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 atmosphere and not directed through a flue.
Any individual, public or private corporation for profit or not for profit, association, partnership, firm, 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 recognized by law as the subject of rights and duties.
The board of supervisors of the township.
London Grove Township.
Leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery, and other vegetative material.
[Ord. No. 83, 12/5/2001; Ord. No. 167, 4/6/2011]
1.
After the effective date of this part no person may be permitted the open burning of material with the exception of the following:
A.
On Tuesday and Saturday from 7:00 a.m. until 12:00 noon of each week and/or at such other days and times as may be designated by the township from time to time when they deem the same necessary for the purpose of burning only nonrecyclable paper and nonrecyclable paper board (cereal and similar boxes) when the fire is on the premises of any structure occupied solely as a dwelling by two families or less and only when such refuse results from normal occupancy of said structure. All open burning requires adult supervision and no fire will be left unattended.
B.
Any and open burning of material shall be done in an approved container such as a metal barrel or concrete enclosure for any material burned pursuant to Subsections 1, 1F and 1G which must conform to DEP standards and to the following:
(1)
Said container shall be within reach of an operating water faucet and/or operating garden hose and shall be placed on privately-owned property, but in no event shall said container be placed closer than 15 feet from the property line of the person so burning.
(2)
Said container shall be at least 15 feet from any dwelling or structure, whether inhabited by humans or not.
(3)
Said container shall not be place on or near any combustible material nor on the surface of any public street or road.
C.
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.
D.
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.
E.
A fire set for the prevention of control of disease or pests, when approved by the Department of Environmental Protection's regional air quality program office.
F.
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.
(1)
Cleaning and grubbing waste may be burned subject to the following requirements:
(a)
A permit to burn clearing and grubbing waste must be obtained from the township.
(b)
Upon receipt of a complaint or determination by the township that an air pollution problem exists, the township may order that the open burning cease.
(c)
Clearing and grubbing waste cannot be transported for the purpose of burning from one area of the township to another or be transported into the township from any other municipality.
G.
A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation.
H.
A fire set solely for cooking food. For the purpose of this part, the cooking of food on charcoal or propane gas shall not be considered open burning so long as the grills meet federal and state safety standards.
I.
A fire set solely for recreational ceremonial purposes.
J.
All other open burning is prohibited.
K.
The supervisors may declare a fire ban emergency in the township with or without consultation with the fire chiefs of the volunteer company's operating within the township during a period of drought, or other periods of high risk to woodlands or property.
2.
Upon the supervisors declaring a fire ban emergency, all outdoor burning or fire shall be prohibited until the ban is lifted by the supervisors. Supervisors shall publish a notice of the fire ban emergency at least once in a local newspaper of general circulation. In addition, the township may issue new releases to all communication media, including radio, television, and newspapers.
[Ord. No. 83, 12/5/2001; Ord. No. 167, 4/6/2011]
1.
The township and other duly authorized agents shall have the power and duty to enforce the provisions of this part.
2.
The township may issue such orders as are necessary to aid in the enforcement of the provisions of this part. 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 part; 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 township finds that any condition existing in or on facility or source involved is causing or contributing to open burning if the township finds that any person is in violation of any provision of this part.
3.
The township may, in its order, require compliance with such conditions as are necessary to prevent or abate open burning or affect the purposes of this part.
4.
An order issued under this section shall take effect upon notice, unless the order specifies otherwise. An appeal to the supervisors of the township shall not act as a supercedeas; provided, however, that, upon application and for cause shown, the supervisors may issue such a supercedeas under rules established by the supervisors.
5.
The authority of the township to issue an order under this section is in addition to any remedy or penalty which may be imposed pursuant to this part. Failure to comply with any such order is hereby declared to be a public nuisance.
[Ord. No. 83, 12/5/2001; Ord. No. 167, 4/6/2011]
1.
Whenever the township finds open burning is occurring in the township, other than those exceptions noted in section 10-105 above, the township may order the owner or operator to take corrective action in a manner satisfactory to the township, or the township may order the owner or operator to allow access to the land by the township or a third party to take such action.
2.
For the purpose of collection 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 township may collect the amount in the same manner as civil penalties as assessed and collected following the process for assessment and collection of a civil penalty contained in section 10-109 of this part.
[Ord. No. 83, 12/5/2001; Ord. No. 167, 4/6/2011]
Any person, firm or corporation who shall violate a 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.
[Ord. No. 83, 12/5/2001; Ord. No. 167, 4/6/2011]
It shall be unlawful to fail to comply within or to cause or assist in the violation of any of the provisions of this part or fail to comply with any order or other requirement of the township; or to cause a public nuisance; or to hinder, obstruct, prevent, or interfere with the township or its personnel in the performance of any duty hereunder, including denying the township or authorized personnel access to the source of facility; or to violate the provisions of 18 Pa. Code § 4903 (relating to false swearing) or § 4904 (related to unsworn falsification to authorities) in regard to papers required to be submitted under this part. The owner operator of an open burning source shall not allow pollution of the air, water, or other natural resources of the township to result from the source.
[Ord. No. 83, 12/5/2001]
A violation of this part or any other order issued by the township under this part shall constitute a public nuisance. The 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, the township may recover the expenses of the abatement. Whenever the nuisance is maintained or continued contrary to this part or any order pursuant to this part, the nuisance may be abatable in the manner provided by this part. Any person who causes a public nuisance shall be liable for the cost of the abatement.
[Ord. No. 59, 11/3/1980]
This part shall be cited as the "London Grove Township Weed Ordinance of 1980."
[Ord. No. 59, 11/3/1980]
Growth in excess of 12 inches on any land in the township of any noisome weeds or plants including, but not limited to, ragweed and Canadian thistle, is hereby declared to be a nuisance, a danger to the public health and welfare, and is prohibited.
[Ord. No. 59, 11/3/1980]
1.
Weeds located in the following areas are hereby exempted from the requirements of this part:
A.
Fields where cash crops are growing, except that headlands, diversion ditches, sod waterways and land lying fallow between May 1 and October 1 of any calendar year shall comply.
B.
Land on which, by virtue of terrain such as swamps, rocks, woods or steep slopes, use of standard mowing equipment would be unsafe.
C.
Land that is being allowed to return to woods, provided that this practice must be approved by the board of supervisors.
2.
If any of the above exceptions are in dispute on any given land, the board of supervisors' determination as to whether an exemption shall be granted shall be final.
[Ord. No. 59, 11/3/1980]
All lands subject to the provisions of this part shall be mowed as often as necessary to comply with height limitations in section 10-202, but minimally shall be mowed twice a year. The latest date for the first mowing shall be June 15 and the latest date for the second mowing shall be August 15.
[Ord. No. 59, 11/3/1980; Ord. No. 167, 4/6/2011]
1.
Whenever it is found that growth of weeds on any land exceeds the height limitation specified herein, the township shall cause written notice to be given to the owner of such land. Such notice shall be given:
2.
Failure to comply with the requirements of this part within 15 days after notice has been deposited in the mail shall be prima facie evidence of a violation of this part.
[Ord. No. 59, 11/3/1980]
1.
After proper notice has been given as provided in section 10-205 above, if an owner fails to comply with the terms of this part, the township may at its own option mow, destroy and dispose of weeds and plants in such fashion as the board of supervisors shall see fit. Such action by the township shall not relieve the owner of penalties for violation of this part. The township may, by proper accounting means, compute the cost of such action on its part and either:
[Ord. No. 59, 11/3/1980; Ord. No. 167, 4/6/2011]
Any person, firm or corporation who shall violate a 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.