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§ 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)
§ 90.08  UNLAWFUL CONDUCT.
   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 fail to comply with any order or other requirement of the township; 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 township or its personnel in the performance of any duty hereunder, including denying the Ordinance Enforcement Officer or other authorized personnel access to the source of facility; or to violate the provisions of 18 Pa.C.S. § 4903 (relating to false swearing) or 18 Pa.C.S. § 4904 (related 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 township to result from the source.
(1987 Code, § 42-10)  (Ord. 7-2001, passed 9-5-2001)  Penalty, see § 90.99
§ 90.09  PUBLIC NUISANCES.
   A violation of this chapter or any other order issued by the township under this chapter 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 following the process for assessment and collection of a civil penalty contained in § 90.99. 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 the abatement.
(1987 Code, § 42-11)  (Ord. 7-2001, passed 9-5-2001)
§ 90.99  PENALTY.
   (A)   Criminal penalties. Any person who violates any provision of this chapter or any order of the township 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 $500 for each separate offense and, in default of the payment of such fine, may be sentenced to imprisonment for 90 days for each separate offense. Employees of the township 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 Township Board of Supervisors are hereby authorized to prosecute these offenses. For purposes of this section, a summary offense may be prosecuted before any District Justice in this township. There is no accelerated rehabilitative disposition authorized for a summary offense.
(1987 Code, § 42-8)
   (B)   Civil penalties.
      (1)   When the township proposes to assess a civil penalty, it shall inform the person of the proposed amount of the penalty. The person charged with the penalty shall then have 30 days to pay the proposed penalty in full; or if the person wishes to contest the amount of the penalty or the fact of the violation to the extent not already established, the person shall forward the proposed amount of the penalty to the Board of Supervisors within the 30-day period for placement in an escrow account with the State Treasurer or any other commonwealth bank or post an appeal bond to the Board of Supervisors within 30 days in the amount of the proposed penalty, provided that such bond is executed by a surety licensed to do business in the commonwealth and is satisfactory to the township. If, through administrative or final judicial review of the proposed penalty, it is determined that no violation occurred or that the amount of penalty shall be reduced, the Board of Supervisors shall, within 30 days, remit the appropriate amount to the person with any interest accumulated by the escrow deposit. Failure to forward the money or the appeal bond at the time of the appeal shall result in a waiver of all legal rights to contest the violation or the amount of the civil penalty unless the appellant alleges financial inability to repay the penalty or to post the appeal bond. The Board of Supervisors shall conduct a hearing to consider the appellant’s alleged inability to pay within 30 days of the date of the appeal. The Board of Supervisors may waive the requirement to prepay the civil penalty or to post an appeal bond if the appellant demonstrates and the Board of Supervisors finds that the appellant is financially unable to pay. The Board of Supervisors shall issue an order within 30 days of the hearing to consider the appellant’s alleged inability to pay.
      (2)   The amount assessed after the administrative hearing or after waiver of the administrative hearing shall be payable to the township and shall be collectable in any manner provided by law for the collection of debts, including the collection of interest on the penalty amount computed in accordance with § 9921(a)(2) of the Internal Revenue Code of 1986 (filing of a notice of lien under this section).
(1987 Code, § 42-9)
(Ord. 7-2001, passed 9-5-2001)