This chapter shall be known and may be cited
as the "Millersville Borough Air Pollution Control Ordinance."
The Borough of Millersville 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 of Millersville, and it is hereby declared to be the policy
of the Borough of Millersville to safeguard the citizens of Millersville
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 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.
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.
COUNCIL
The Council of the Borough of Millersville.
OPEN BURNING
A fire in which any material is burned in the open or in
a receptacle from which contaminants 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 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.
After the effective date of this chapter, 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 fire-fighting, 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 wastes, provided that an air curtain destructor is used and
approved by the Department of Environmental Protection's Regional
Air Quality Program office.
E. A fire set solely for the cooking of food using conventional
equipment and fuels.
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 payment of such fine, may be sentenced
to imprisonment for 90 days for each separate offense. 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 Solicitor is hereby authorized to prosecute these offenses.
A summary offense may be prosecuted before the Magisterial District
Judge. There is no accelerate 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 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
the performance of any duty hereunder, including denying the Council
or its 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 §
136-8. 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 a public nuisance shall be liable for the cost of abatement.