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§ 90.01  TITLE.
   This chapter shall be known and may be cited as the “Township of Antis Air Pollution Control Ordinance of 2001”.
(1987 Code, § 42-1)  (Ord. 7-2001, passed 9-5-2001)
§ 90.02  AUTHORITY.
   The Board of Supervisors of the township under and by virtue of and pursuant to the authority granted by Second Class Township Code do hereby enact and ordain this chapter.
(1987 Code, § 42-2)
§ 90.03  POLICY.
   Whereas the Board of Supervisors of the township 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 of the township 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.
(1987 Code, § 42-3)  (Ord. 7-2001, passed 9-5-2001)
§ 90.04  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADULT.  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.
   AIR BASIN.  A geographic area of this commonwealth as determined in Attachment A of the ordinance codified herein, which is on file in the township offices.
   AIR CURTAIN DESTRUCTOR.  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.
   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.
   CLEARINGANDGRUBBING 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 conditions to yield a humus-like product.
   DOMESTIC REFUSE.  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 and the like) furniture, mattresses or box springs, paint, putrescible waste, solvents, tires or treated wood.
   MUNICIPALITY.  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.
   OPEN BURNING.  A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed through a flue.
   PERSON.  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 is recognized by law as the subject of rights and duties.
   TOWNSHIP BOARD OF SUPERVISORS.  The Board of Supervisors of the Township of Antis.
   YARD WASTE.  Leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery and other vegetative material.
(1987 Code, § 42-4)  (Ord. 7-2001, passed 9-5-2001)
§ 90.05  REGULATIONS.
   After September 5, 2001, no person may be permitted the open burning of material, with the exception of the following:
   (A)   On Tuesday, Thursday and Saturday from 7:00 a.m. until 7:00 p.m. of each week and/or at such other days and times as may be designated by the Board of Supervisors from time to time when they deem the same necessary for the purpose of burning only nonrecyclable paper, corrugated paper and nonrecyclable cardboard (cereal 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; and
   (B)   All open burning requires adult supervision and no fire will be left unattended.
      (1)   Any and all 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 divisions (B)(7) and (B)(8) below, which must conform to DEP standards and to the following.
         (a)   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.
         (b)   Said container shall be at least 15 feet from any dwelling or structure, whether inhabited by humans or not.
         (c)   Said container shall not be placed on or near any combustible material nor on the surface of any public street or road.
      (2)   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.
      (3)   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.
      (4)   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.
      (5)   A fire set for the purpose of burning clearing and grubbing waste.
         (a)   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.
         (b)   Clearing and grubbing waste may be burned subject to the following requirements.
            1.   A permit to burn clearing and grubbing waste must be obtained from the township.
            2.   Upon receipt of a complaint or determination by the Township Ordinance Enforcement Officer that an air pollution problem exists, the Ordinance Enforcement Officer may order that the open burning cease.
            3.   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.
      (6)   A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation.
      (7)   A fire set solely for cooking food. For the purposes of this chapter, the cooking of food on or by charcoal or propane gas shall not be considered open burning so long as the grills meet federal and state safety standards.
      (8)   A fire set solely for recreational or ceremonial purposes.
      (9)   All other open burning is prohibited.
      (10)   Fire ban emergency.
         (a)   The Board of Supervisors may declare a fire ban emergency in the township with or without consultation with the Fire Chiefs of the volunteer companies operating within the township during a period of drought or other periods of high fire risk to woodlands or property within the township.
         (b)   Upon the Board of Supervisors declaring a fire ban emergency, all outdoor burning or fire shall be prohibited until the ban is lifted by the Board of Supervisors.
         (c)   The township 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 news releases to all communication media, including radio, television and newspapers.
(1987 Code, § 42-5)  (Ord. 7-2001, passed 9-5-2001)  Penalty, see § 10.99
§ 90.06  ENFORCEMENT ORDERS.
   (A)   The Township Ordinance Enforcement Officer (OEO) and any other duly authorized agent shall have the power and duty to enforce the provisions of this chapter.
   (B)   The township 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 Township OEO finds that any condition existing in or on the facility or source involved is causing or contributing to open burning or if the Township OEO finds that any person is in violation of any provision of this chapter.
   (C)   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 chapter.
   (D)   An order issued under this section shall take effect upon notice unless the order specifies otherwise. An appeal to the Board of Supervisors of the township shall not act as a supersede; provided, however, that, upon application and for cause shown, the Board of Supervisors may issue such a supersede as under rules established by the Board of Supervisors.
   (E)   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 chapter. Failure to comply with any such order is hereby declared to be a public nuisance.
(1987 Code, § 42-6)  (Ord. 7-2001, passed 9-5-2001)
§ 90.07  RESPONSIBILITY OF THE OWNERS AND OPERATORS.
   (A)   Whenever the Ordinance Enforcement Officer finds open burning is occurring in the township, other than those exceptions noted in § 90.05, the Ordinance Enforcement Officer may order the owner or operator to take corrective action in a manner satisfactory to the township, or the Ordinance Enforcement Officer may order the owner or operator to allow access to the land by the Ordinance Enforcement Officer or a third party to take such action.
   (B)   For the purpose 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 township 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 § 90.99(B).
(1987 Code, § 42-7)  (Ord. 7-2001, passed 9-5-2001)
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