HomeMy WebLinkAboutLurgan Burn Ordinance Mar. 14. 2012 10: 00AM LURGAN TWP
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LURGAN TOWNSHIP OPEN BURNING ORDINANCE
ORDINANCE NO.2005-03
An ordinance of Lurgan Township,Franklin County, Commonwealth of Pennsylvania for the
prevention and control of air pollution; defining certain terms used herein; providing for
regulations, exceptions, enforcement orders, responsibility of owners and operators,penalties,
unlawful conduct,public nuisances, and validity.
SECTION I. Title
This ordinance shall be known and may be cited as the Lurgan Township Open Burning
Ordinance of 2005.
SECTION II. Authority
The Board of Supervisors of Lurgan Township,under, and by virtue of, and pursuant to the
authority granted Lurgan Township, do hereby enact and ordain this ordinance.
SECTION III. Policy
Whereas the Board of Supervisors of Lurgan Township has determined that air pollution from
open burning may be detrimental to the health, comfort of living conditions,welfare, and safety
of the citizens of Lurgan Township, it is hereby declared to be the policy of Lurgan Township
to safeguard the citizens of Lurgan Township from such air pollution.
SECTION IV. Definitions
The following words,terms, and phrases,when used in this ordinance,unless the context
clearly indicates otherwise, shall have the following meanings ascribed to them:
(1) Air basin-A geographic area of this Commonwealth as delimited in attachment A.
(2) 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.
(3) Burning-The act of consuming by fire; to flame,char, scorch, or blaze. As used in this
ordinance, smoldering shall have the same meaning as burning and any smoldering shall
be deemed a burning.
(4) 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.
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(5) Composting-The process by which organic solid waste is biologically decomposed
under controlled anaerobic or aerobic conditions to yield a humus-like product.
(6) Township Board of Supervisors-Lurgan Township Board of Supervisors.
(7) 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, carpets,demolition waste(insulation, shingles, siding,etc.), furniture,
mattresses or box springs, paint,putrescible waste, solvents, tires,treated wood, or any
recyclable material.
(8) Municipality-A city, incorporated town, township,borough., county, municipal authority,
or other public body created under State law having jurisdiction over the disposal of
sewage, industrial wastes, or other wastes.
(9) Open burning-A fire, the air contaminants from which are emitted directly into the
outdoor atmosphere and not directed thereto through a flue.
(10) 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 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.
(11) Yard waste- Leaves, grass clippings, garden residue,tree trimmings, chipped shrubbery,
and other vegetative material.
SECTION V.Regulations
After June 25, 2005, no person may permit the open burning of material with the exception of
the following:
(1) 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.
(2) 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.
(3) 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.
(4) A fire set for the purpose of burning clearing and grubbing waste. If within an air basin,
an air curtain destructor must be used and must be approved by the Department of
Environmental Protections Regional Air Quality Program office.
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(5) A fire set in conjunction with the production of agricultural commodities in their
unmanufa.ctured state on the premises of the farm operation.
(6) A fire set for the purpose of burning that amount of domestic refuse generated from one
dwelling,when the fire is on the premises of a structure occupied solely as a dwelling by
two families or less and when the refuse results from the normal occupancy of said
structure.
(7) A fire set for the purpose of burning that amount of yard waste generated from the
premises of a structure occupied solely as a dwelling by two families or less(except
where composting is mandatory),when the fire is on the premises of said structure.
(8) A fire set solely for cooking food.
(9) A fire set solely for recreational or ceremonial purposes.
(10) Closed commercial incinerators shall be permitted for industrial or commercial use,
provided that the Commonwealth of Pennsylvania, Department of Environmental
Protection, the"United States Environmental Protection Agency and the Fire Chief of
Pleasant Hall Fire Company or Newburg-Hopewell Fire Company properly permits them.
The Fire Chief shall annually inspect such incinerators to determine whether or not they
are being operated in a satisfactory manner. No incinerator shall be installed or operated
within the Township unless and until it has been properly permitted as set forth above.
SECTION VI. Enforcement Orders
(1) The Supervisors of Lurgan Township shall have the power and duty to enforce the
provisions of this ordinance.
(2) Lurgan Township may issue such orders as are necessary to aid in the enforcement of the
provisions of this ordinance. 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 ordinance; 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 Lurgan Township finds that any condition existing in or on the facility or
source involved is causing or contributing to open burning or if Lurgan Township finds
that any person is in violation of any provision of this ordinance.
(3) Lurgan 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 ordinance.
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(4) An order issued under this section shall take effect upon notice,unless the order specifies
otherwise. An appeal to the Supervisors of Lurgan Township order shall not act as a
supersedeas,provided,however, that,upon application and for cause shown, the
Supervisors of Lurgan Township may issue such a supersedes under rules established by
the Supervisors of Lurgan Township.
(5) The authority of Lurgan Township to issue an order under this section is in addition to
any remedy or penalty,which may be imposed pursuant to this ordinance. The failure to
comply with any such order is hereby declared to be a public nuisance.
SECTION VII. Responsibility of Owners and Operators
(1) Whenever the Supervisors of Lurgan Township finds that open burning is occurring in
situations other than those exceptions noted in Section V above,the Supervisors of
Lurgan Township may order the owner or operator to take corrective action in a manner
satisfactory to the municipality, or the Supervisors of Lurgan Township may order the
owner or operator to allow access to the land by the Supervisors of Lurgan Township,or
a third party to take such action.
(2) For purposes 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,
• Lurgan 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 Section IX of this ordinance.
SECTION VIII Criminal Penalties
Any person who violates or permits a violation of this Ordinance shall,upon conviction in a
summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than two
hundred dollars ($200.00)nor more than one thousand dollars($1,000.00), plus costs of
prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding ninety(90)days. Each day or portion thereof shall constitute a
separate offense, and each section of this Ordinance that is violated shall also constitute a
separate offense.
SECTION IX. Civil Penalties
(1) In addition to proceeding under any other remedy available at law or in equity for a
violation of a provision of this ordinance or any order issued pursuant to this ordinance,
Lurgan 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 ten thousand dollars ($10,000.00)per day for each violation. In determining the
amount of the penalty, Lurgan Township shall consider the willfulness of the violation;
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damage to air, soil,water, or other natural resources of Lurgan Township or their uses;
financial benefit to the person in consequence of the violation; deterrence of future
violations; cost to Lurgan 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.
(2) When Lurgan 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 thirty(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 Lurgan
Township within the thirty(30) day period for placement in an escrow account with the
State Treasurer or any Commonwealth bank, or post an appeal bond to Lurgan
Township within thirty(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 Lurgan 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,Lurgan Township shall,within thirty(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 penalties
unless the appellant alleges financial inability to prepay the penalty or to post the appeal
bond. Lurgan Township shall conduct a hearing to consider the appellants alleged
inability to pay within thirty(30)days of the date of the appeal. Lurgan Township may
waive the requirement to prepay the civil penalty or to post an appeal bond if the
appellant demonstrates and Lurgan Township finds that the appellant is financially
unable to pay. Lurgan Township shall issue an order within thirty(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
Lurgan 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 section 6621 (a)(2) of the Internal Revenue Code of 1986 (Public
Law 99-514,26 U.S.C. § I 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 Lurgan 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
Lurgan 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 Section,which
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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.
SECTION X.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 ordinance or to fail to comply with any order or other requirement of Lurgan
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 Lurgan Township,or
its personnel in their performance of any duty hereunder, including denying Lurgan Township
access to the source or facility; or to violate the provisions of 18 Pa.C.S. § 4903 (relating to
false swearing)or 4904 (relating to unsworn falsification to authorities)in regard to papers
required to be submitted under this ordinance. The owner or operator of an open burning
source shall not allow pollution of the air,water, or other natural resources of Lurgan Township
to result from the source.
SECTION XI. Public Nuisances
A violation of this ordinance or of any order issued by Lurgan Township under this ordinance
shall constitute a public nuisance. Lurgan 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,Lurgan Township may recover the expenses of abatement following the
process for assessment and collection of a civil penalty contained in Section IX. Whenever the
nuisance is maintained or continued contrary to this ordinance or any order issued pursuant to
this ordinance,the nuisance may be abatable in the manner provided by this ordinance. Any
person who causes the public nuisance shall be liable for the cost of abatement.
SECTION XII. Repealer
All other ordinances or parts thereof which are in conflict with this ordinance are hereby
repealed.
SECTION XIII. Validity
The provisions of this ordinance are severable, and if any section, clause, sentence,part,or
provision thereof shall be held illegal,invalid, or unconstitutional by any court of competent
jurisdiction, such decision of the court shall not affect or impair the remaining sections, clauses,
sentences,parts, or provisions of this ordinance. It is hereby declared to be the intent of Lurgan
Township that this ordinance would have been adopted if such illegal, invalid, or
unconstitutional section, clause, sentence,part,or provision had not been included herein.
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SECTION XIV. Effective Date
�`- This ordinance shall become effective in accordance with the law,on June 25,2005.
,The Ordinance is enacted by the Board of Supervisors of Lurgan Township.at its regular.
scheduled meeting on the,twentieth day of June, 2005. "
- LURGAN TOWNSHIP.BOARD OF SUPERVISORS .
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By:By: , '/4t. 4./Zolo.S
Samuel L. Swanger, CKairman r
By '01/14/, I (o 2/s-
- Robert L. Boyd,Vi Chai
ATTEST: By: ! Ei ay.�2. 6-.20-05'
M. J seph eese, Supervisor
Jo• e E.Zi an, Secretary
Lurgan Township Ordinance 2005-03 Adopted: June 20,2005
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