This chapter shall be known and may be cited as the "Upper Pottsgrove
Township Air Pollution Control Ordinance of 2012."
The Board of Commissioners of Upper Pottsgrove Township, under
and by virtue of and pursuant to the authority granted by the First
Class Township Code, do hereby enact and ordain this chapter.
Whereas, the Board of Commissioners of Upper Pottsgrove Township
have determined that air pollution from open burning may be detrimental
to the health, comfort, living conditions, welfare, and safety of
the citizens of Upper Pottsgrove Township, it is hereby declared to
be the policy of the Township to safeguard the citizens of Upper Pottsgrove
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 Southeast
Pennsylvania air basin - the counties of Bucks, Chester, Delaware,
Montgomery, and Philadelphia.
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 efficiently is increased and smoke and other particulate
matter are contained.
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.
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.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from the operations of residential, municipal,
commercial or instructional establishments and from community activities,
and any sludge not meeting the definition of "residual waste" or "hazardous
waste," as defined in the Solid Waste Management Act, Act of July
7, 1980, P.L., 380, No. 97, as amended, 35 P.S. § 6018.101
et seq., from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant, or air pollution control
facility. The term does not include source-separated recyclable materials.
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.
RECYCLABLE MATERIALS
Those materials specified by Upper Pottsgrove Township for
collection in accordance with this chapter and recycling regulations
which may be promulgated from time to time. Such material may include,
but shall not be limited to: colored PET ridged plastic bottles; natural
and pigmented HDPE plastic bottles; and newsprint material. The list
of recyclable materials may be changed from time to time by resolution
of the Board of Commissioners of Upper Pottsgrove Township.
YARD WASTE
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery, and other vegetative material.
If any section, paragraph, sentence, clause or phrase of this
chapter is declared unconstitutional, illegal, or otherwise invalid
by the judgment or decree of any court, that invalidity shall not
affect any of the remaining sections, paragraphs, sentences, clauses
or phrases.