Ordinance # 074-4
Control of Air Pollution
Ordinance 74 - 4 of 1974 and Amendment to Ordinance follows below:
An Ordinance of Bolivar Borough, Westmoreland County, Commonwealth of Pennsylvania for the Prevention and Control of Air Pollution: Defining certain terms used in said Ordinance: Providing for enforcement, exceptions, and penalties.
Section 1. This ordinance shall be known and may be cited as the "Bolivar Borough Air Pollution Control Ordinance of 1974."
Section II. Whereas, the council of Bolivar Borough has determined that air pollution from an open fire may be detrimental to the health, comfort, living conditions, welfare and safety of the citizens of Bolivar Borough, it is hereby declared to be the policy of Bolivar Borough to safeguard the citizens of Bolivar borough from such air pollution.
Section III. 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) Person, Any individual, partnership, association, syndicate, company, firm, trust, corporation, department, bureau, agency or other entity recognized by law as the subject of rights and duties.
(2) Council - Borough Council
(3) Garbage All putrescrible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
(4) Rubbish - solids not considered to be highly flammable or explosive including but not limited to rages, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans, glass, crockery, manonry, and other similar materials.
(5) Trade Waste - All solid or liquid material or rubbish resulting from construction , building operations, or the prosecution of any business, trade or industry including, but not limited to, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials, provided however that trade waste shall not include any coal refuse associated with the mining or preparation of coal.
(6) Refuse. garbage, rubbish and trade waste.
(7) Salvage operation. Any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, including, but not limited to metals, chemicals, shipping containers or drums.
(8) Open fire. A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator.
(9) Furnace. Any enclosed device specifically designed for the burning of any material for the production of heat.
(10) Incinerator Any device specifically designed for the destruction by burning of refuse, sewage, sludge or any other combustible material.
Section IV. The Bolivar Borough chief of Police or any other duly authorized agent shall have the power and duty to enforce the provisions of this Ordinance.
Section V. After August 12, 1974 no person shall:
(1.) Ignite or feed an open fire for the destruction of refuse or in the conduct of a salvage operation in any public or private place outside of any building, or
(2) Cause, suffer, allow or permit the maintenance of any open fire for the destruction of refuse or in the conduct of a salvage operation on any property under this control outside of any building.
(1) Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for:
a. The prevention of a fire hazard which cannot be abated by other means.
b. The protection of public health.
(2) Open fires may be set with the approval of the authorized enforcement agent of this Ordinance provided:
a. Rubbish only is burned, and
b. There is no practical available alternate method for the disposal of the material to be burned, and
c. No hazardous or other objectionable condition will be created by such burning.
Section VI. Any person violating any of the provisions of this Ordinance shall upon the conviction thereof by any district Magistrate be sentenced to pay a fine of not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars , together with the costs for the first violation and not less than fifty (/$50.00) dollars nor more than two hundred ($200.00)dollars , together with the costs, for the second and subsequent violations. Each day a violation exists shall constitute a separate offense. In default in the payment of any fine, the defendant shall be sentenced to jail for a period not exceeding thirty (30) days.
Section VII. 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 tin intent of the Council that this Ordinance would have been adopted if such illegal, invalid or unconstitutional section clause, sentence, part or provision had not been included herein.
This Ordinance shall become effective on the 12th day of August 1974.
Enacted this 12th day of August 1974.
J. Conrad Gamble
Joan M. Lichtenfels
Approved this 3rd day of September A.D. 1968
Original Ordinance in ordinance drawer in Vault 4
Amendment created by Resolution June 1, 1981
At a regular meeting of the Bolivar Borough Council held on June 1 1981, to amend Ordinance # 74-4 of 1974, Section V clause two (2)
Be it resolved and is hereby resolved: To permit burning on Saturday only, except Holidays, during hours between day light and dark. Burning of paper, leaves, and brush only, no hazardous or flammable materials, or plastic containers
All fires must be extinguished at dark or a fine of twenty-five ($25.00) dollars will be issued payable at once.
Adopted and approved this 1st day of June 1981
Effective August 12, 1981