[HISTORY: Adopted by the Board of Supervisors of the Township of
Skippack 3-11-1997 by Ord. No. 213. Amendments
noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 101.
Fire in parks — See Ch. 128.
This chapter shall be known and may be cited as the "Skippack Township
Air Pollution Control Ordinance of 1997."
Pollution of the air is detrimental to the health, comfort, living conditions,
welfare and safety of the citizens of Skippack Township, Montgomery County;
it is declared to be the policy of the township to safeguard the citizens
from air pollution.
The following words, terms and phrases, when used in this chapter, unless
the context clearly indicates otherwise, shall have the meanings set forth
below:
The Board of Supervisors of Skippack Township, Montgomery County,
Pennsylvania.
All putrescible animal and vegetable matter resulting from the handling,
preparation, cooking and consumption of food.
That property of a substance which affects the sense of smell.
Any unclosed fire wherein air contaminants, including smoke and/or
odor, are emitted to the open air and are not directed thereto through a flue.
Any individual, partnership, association, syndicate, company, firm,
trust, corporation or other entity recognized by law as the subject of rights
and duties, including any governmental agency.
Extremely small solid particles produced by incomplete combustion
of organic substances and includes, but is not limited to, fly ash, cinders,
tarry matter, unburned gases, soot or carbon and gaseous combustion products.
A.
The Air Pollution Control Officer shall be the Skippack
Township Fire Marshal.
B.
Duties. The Air Pollution Control Officer shall have
the powers and duties to:
(1)
Enforce the provisions of this chapter and the rules
and regulations contained therein.
(2)
Receive and initiate complaints or violations of the
regulations of this chapter.
(3)
Enter and inspect any building, property, premises or
place for the purpose of investigating an actual or suspected source of open
burning or for the purpose of ascertaining the compliance or noncompliance
with any regulation of this chapter.
(4)
Have access to and require information pertinent to any
matter under investigation.
(5)
Send written notice of any violation of this chapter
to the person responsible for the violation.
(6)
Attend meetings of the Board when requested and file
a written report of violation of any regulation of this chapter.
(7)
Institute prosecution for violation of the regulations
of this chapter.
A.
Open burning is prohibited in Skippack Township except
as hereinafter provided.
(1)
Exceptions. Exceptions shall be as follows:
(a)
Burning to prevent or abate a fire hazard, when approved
by the Air Pollution Control Officer.
(b)
Burning for the purpose of instructing personnel in fire
fighting, when approved by the Air Pollution Control Officer.
(c)
Burning for the prevention and control of disease or
pests, when approved by the Air Pollution Control Officer.
(d)
Burning in conjunction with the production of agricultural
commodities in their unmanufactured state on the premises of the farm operation.
(e)
Burning of trees, shrubs and other native vegetation
which are cleared from land during or prior to the process of construction
when done in accordance with the rules and regulations of the Department of
Environmental Protection as set forth in Section 129.14, Chapter 129, of Title
25 of the Pennsylvania Code. The term does not include demolition wastes and
dirt laden roots.
(f)
Burning for the purpose of destroying domestic refuse,
when the fire is on the premises of any structure occupied solely as a dwelling
by two families or fewer and when such refuse results form the normal occupancy
of said structure.
(g)
Open burning of dry twigs, dry branches and other native
vegetation; provided, however, that open burning of dry twigs and dry branches
and native vegetation on piles larger than five feet by five feet by five
feet shall be permitted only when approved by the Air Pollution Control Officer.
(h)
Open burning for recreational or ceremonial purposes.
(i)
Open burning for cooking food.
B.
No person shall cause, suffer or permit any open burning
operation whatsoever if said open burning operation is contrary to Section
129.14, Chapter 129, of Title 25, Rules and Regulations of the Department
of Environmental Protection.
C.
No person shall in any manner hinder, delay, obstruct,
resist, prevent or in any way interfere with the Air Pollution Control Officer
or his assistants in the performance of their duty hereunder or refuse such
personnel, after proper identification, entrance at reasonable hours to any
premises.
D.
No person shall fail, neglect or refuse to comply with
any written abatement notice served on such person, either personally or by
registered or certified mail issued by the Air Pollution Control Officer of
the township. Such notice shall set forth the violation of this chapter and
a time within which the violation is to be abated. Any person receiving such
abatement notice may obtain an extension of time to comply therewith by making
application to, and obtaining the approval of, the Board.
The provisions of this chapter shall be supplemented by Chapter 101,
Fire Prevention.
The following regulations shall apply to burning domestic refuse:
A.
Outdoor burning of domestic refuse shall be in an approved
burning barrel or other approved incinerator. An approved burning barrel is
a solid, sturdy, steel cylindrical container with a sealed steel bottom with
ventilation holes and an open top which, during outdoor burning, is covered
firmly and completely by a steel, spark-arresting screen. Other approved incinerators
are containers approved, in writing, by the Township Fire Marshal after review
and inspection, with a volume no greater than a fifty-five-gallon drum with
containment, ventilation and spark-arresting features similar to those of
an approved burning barrel.
B.
Outdoor burning of domestic waste shall be attended at
all times by a competent adult. Outdoor burning of domestic waste shall not
be conducted within 25 feet of any building or other structure or property
line or on any road, alley or public walkway, or in any area specifically
disapproved by the Air Pollution Control Officer.
C.
The area within five feet of any burning barrel or other
incinerator shall be completely clear of any combustible material during outdoor
burning.
D.
Fire extinguishing equipment shall be readily available
for use during any outdoor burning.
E.
Every outdoor fire shall be started and completely extinguished
after sunrise and before sunset. No outdoor fire shall be started within an
hour of sunset. The Air Pollution Control Officer shall have the right to
inspect outdoor burning.
F.
No outdoor burning shall be conducted during periods
of high winds, declared drought or weather inversion or other situations deemed
hazardous by the Air Pollution Control Officer.
G.
All ventilation holes in the burning barrel or other
incinerator shall be kept open and free of clogging material. A spark-arresting
screen mesh shall be kept in place during outdoor burning.
H.
No burning of plastic, rubber, garbage, diapers or animal
waste shall be permitted.
I.
A burning permit shall be required for § 87-6E,
G and H.
A.
Any person who violates or permits a violation of this
chapter, upon being found liable therefor in a civil enforcement proceeding,
shall pay a fine of not more than $600, plus all court costs, including reasonable
attorney's fees, incurred by the township in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the District Justice and/or Court. If the defendant neither
pays nor timely appeals the judgment, the township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day
a violation exists shall constitute a separate offense. Further, the appropriate
officers or agents of the township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.[1]
B.
The Air Pollution Control Officer may institute an action
in equity for an injunction to restrain continuous violations of this chapter
in the event that the Air Pollution Control Officer has issued an abatement
notice which is being violated and which is not then the subject of judicial
review.
