(A) Air pollution control; opening burning.
(1) Criminal penalties. Any person who violates any provision of §§ 91.01 through 91.06 or any order of the township issued pursuant to §§ 91.01 through 91.06 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 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 §§ 91.01 through 91.06, and the township is hereby authorized to prosecute these offenses. For purposes of this division (A)(1), a summary offense may be prosecuted before any district justice with jurisdiction in the township. There is no accelerated rehabilitative disposition authorized for a summary offense.
(2) Civil penalties.
(a) In addition to proceeding under any other remedy available at law or in equity for a violation of a provision of §§ 91.01 through 91.06 or any order issued pursuant to §§ 91.01 through 91.06, the township may assess a civil penalty for the violation. The penalty may be assessed whether or not the violation was willful. The civil penalty so assessed shall not exceed $25,000 per day for each violation. In determining the amount of the penalty, the township shall consider the willfulness of the violation; damage to air, soil, water, or other natural resources of the township or their uses; financial benefit to the person in consequence of the violation; deterrence of future violations; cost to the township; the size of the source or facility; the compliance history of the source; the severity and duration of the violation; degree of cooperation in resolving the violation; the speed with which compliance is ultimately achieved; whether the violation was voluntarily reported; other factors unique to the owners or operators of the source or facility; and other relevant factors.
(b) 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 township within the 30-day period for placement in an escrow account with the township or post an appeal bond to the township 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 the penalty shall be reduced, the township 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 prepay the penalty or to post the appeal bond. The township shall conduct a hearing to consider the appellant’s alleged inability to pay within 30 days of the date of appeal. The township may waive the requirement to prepay the civil penalty or to post an appeal bond if the appellant demonstrates and the township finds that the appellant is financially unable to pay. The township shall issue an order within 30 days of the date of the hearing to consider the appellant’s alleged inability to pay. The amount assessed after an administrative hearing or after waiver of administrative hearing shall be payable to the township, and shall be collectible in any manner provided by law for the collection of debts, including the collection of interest on the penalty amount computed in accordance with Internal Revenue Code of 1986 § 6621(a)(2) (Public Law 99-514, 26 U.S.C. §§ 1 et seq.) from the date of assessment of the penalty. If any person liable to pay any such penalty neglects or refuses to pay the same after demand, the amount, together with interest and any costs that may accrue, shall constitute a debt of such person, as may be appropriate, to the township. The debt shall constitute a lien on all property owned by said person when a notice of lien incorporating a description of the property of the person subject to the action is duly filed with the prothonotary of the court of common pleas where the property is located. The prothonotary shall promptly enter upon the civil judgment or order docket, at no cost to the township, the name and address of the person, as may be appropriate, and the amount of the lien as set forth in the notice of lien. Upon entry by the prothonotary, the lien shall attach to the revenues and all real and personal property of the person, whether or not the person is solvent. The notice of lien, filed pursuant to this division (A)(2)(b), which affects the property of the person shall create a lien with priority over all subsequent claims or liens which are filed against the person, but it shall not affect any valid lien, right, or interest in the property filed in accordance with established procedure prior to the filing of a notice of lien under this section.
(c) It shall be unlawful to fail to comply with or to cause or assist in the violation of any of the provisions of §§ 91.01 through 91.06 or to 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 their performance of any duty hereunder, including denying the Zoning Officer access to the source or facility; or to violate the provisions of 18 Pa.C.S. § 4903 (relating to false swearing) or 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities) in regard to papers required to be submitted under §§ 91.01 through 91.06. 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.
(B) Outdoor wood-fired boilers.
(1) Criminal penalties. Any person who violates any provision of §§ 91.20 through 91.26 or any order of the township issued pursuant to §§ 91.20 through 91.26 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 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 code enforcement or zoning officers authorized to issue or file citations for summary violations under §§ 91.20 through 91.26. For purposes of this section, a summary offense may be prosecuted before any district justice with jurisdiction in the township. There is no accelerated rehabilitative disposition authorized for a summary offense.
(2) Civil penalties.
(a) In addition to proceeding under any other remedy available at law or in equity for a violation of a provision of §§ 91.20 through 91.26 or any order issued pursuant to §§ 91.20 through 91.26, the township may assess a civil penalty for the violation. The penalty may be assessed whether or not the violation was willful. The civil penalty so assessed shall not exceed $25,000 per day for each violation. In determining the amount of the penalty, the township shall consider the willfulness of the violation; damage to air, soil, water, or other natural resources of the township or their uses; financial benefit to the person in consequence of the violation; deterrence of future violations; cost to the township; the size of the source or facility; the compliance history of the source; the severity and duration of the violation; degree of cooperation in resolving the violation; the speed with which compliance is ultimately achieved; whether the violation was voluntarily reported; other factors unique to the owners or operators of the source or facility; and other relevant factors.
(b) 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 township within the 30-day period for placement in an escrow account with the township or any Commonwealth bank, or post an appeal bond to the township 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 the penalty shall be reduced, the township 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 prepay the penalty or to post the appeal bond. The township shall conduct a hearing to consider the appellant’s alleged inability to pay within 30 days of the date of the appeal. The township may waive the requirement to prepay the civil penalty or to post an appeal bond if the appellant demonstrates and the township finds that the appellant is financially unable to pay. The township shall issue an order within 30 days of the date of the hearing to consider the appellant’s alleged inability to pay. The amount assessed after administrative hearing or after waiver of administrative hearing shall be payable to the township and shall be collectible in any manner provided by law for the collection of debts, including the collection of interest on the penalty amount computed in accordance with Internal Revenue Code of 1986 § 6621(a)(2) (Public Law 99-514, 26 U.S.C. §§ 1 et seq.) from the date of assessment of the penalty. If any person liable to pay any such penalty neglects or refuses to pay the same after demand, the amount, together with interest and any costs that may accrue, shall constitute a debt of such person, as may be appropriate, to the township. The debt shall constitute a lien on all property owned by said person when a notice of lien incorporating a description of the property of the person subject to the action is duly filed with the prothonotary of the court of common pleas where the property is located. The prothonotary shall promptly enter upon the civil judgment or order docket, at no cost to the township the name and address of the person, as may be appropriate, and the amount of the lien as set forth in the notice of lien. Upon entry by the prothonotary, the lien shall attach to the revenues and all real and personal property of the person, whether or not the person is solvent. The notice of lien, filed pursuant to this subsection (2), which affects the property of the person shall create a lien with priority over all subsequent claims or liens which are filed against the person, but it shall not affect any valid lien, right, or interest in the property filed in accordance with established procedure prior to the filing of a notice of lien under this subsection (2).
(Ord. passed - - )