Upon motion by Brian P. McGrath , seconded by Suzanne R. Weber , the following Ordinance was duly enacted, 3 voting in favor of enactment, 0 voting against enactment.
ORDINANCE 2001-14
An Ordinance of
Millcreek Township, Erie County, Pennsylvania, to amend the Open Burning
Ordinance, No. 2000-1, by providing that the term “yard waste” as therein used
shall not be deemed to include “leaf waste” as defined in 53 P.S. §
4000.103; amending the definition of “leaf waste” as defined in Section 3(C)(13) of Ordinance No. 97-2; and containing severability and
repealor clauses
WHEREAS, the Board of Supervisors on February 22, 2000 enacted Ordinance No. 2000-1, which amended and substantially restated regulations governing open burning in Millcreek Township; and
WHEREAS, the Township’s Municipal Waste and Recycling Ordinance, No. 97-2, as the same may in the future be amended, sets forth various definitions and regulations intended to comply with the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101); and
WHEREAS, the term “leaf waste” is defined in Section 3(C)(13) of Ordinance 97-2 as “only leaves”; and
WHEREAS, Ordinance No. 2000-1 did not include any provisions indicating that it was intended to amend or supersede Ordinance No. 97-2; and
WHEREAS, Section 1.04 of Ordinance 2000-1 limited those materials allowed to be burned, subject to stated requirements, under prior ordinances governing the subject to “wood and yard waste”; and
WHEREAS, the Township has been advised that the Pennsylvania Department of Environmental Protection (PaDEP) has expressed concern that reference in Section 1.04 of Ordinance 2000-1 may be intended to allow burning of leaf waste by virtue of the Department’s adoption, for purposes other than municipalities’ recycling programs, of a “yard waste” term that includes “leaf waste”; and
WHEREAS, PaDEP has advised Millcreek Township that it will not award performance and other recycling grants to which the Township is otherwise entitled under Act 101 because of this concern; and
WHEREAS, PaDEP has also questioned the definition of “leaf waste” in Section 3(C)(13) of Ordinance 97-2; and
WHEREAS, the Board of Supervisors believes that provisions of Ordinance 97-2 and Ordinance 2000-1 specifically prohibit the burning of recyclable materials and that Ordinance 2000-1 restricted the class of materials which can be burned even where all regulations of the Ordinance are met; and
WHEREAS, the Board of Supervisors believes that the term “leaf waste” should be defined in Township ordinances consistently with the term’s definition at 53 P.S. § 4000.103 as established by the General Assembly.
IT IS HEREBY
ORDAINED AND ENACTED by the Board
of Supervisors of the
SECTION 1. Section 1.04 of Ordinance 2000-1 is hereby amended by adding a final sentence, the Section as so amended to provide as follows:
1.04. Subject to the foregoing prohibitions, the
burning of wood and yard waste in conjunction with the occupancy of a parcel of
land for single-family or two-family residential use is permitted, limited to
the following: Such burning shall take
place only on Saturdays between the hours of
SECTION 2. Ordinance No. 2000-1 shall not be deemed to have modified, amended or repealed the Municipal Waste and Recycling Ordinance, No. 97-2, as the same may be amended in the future.
SECTION 3. Resolution 2000-R-37 is hereby amended to assign to the Township’s Recycling Coordinator responsibilities for enforcement of the Open Burning Ordinance, No. 200-1 as amended herein, insofar as such enforcement relates to burning of leaf waste.
SECTION 4. Ordinance 2000-1 shall be amended and restated to reflect the amendments set forth, provisions of this Ordinance being incorporated in the restated Ordinance 2000-1.
SECTION 5. Section 3(C)(13) of Ordinance 97-2 defining “leaf waste” is hereby amended to define the term as follows, as established in 53 P.S. § 4000-103: “Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.”
SECTION 6. Ordinance 97-2 shall be amended and restated to reflect the amendment of the “leaf waste” term as set forth in Section 3, above, provisions of Section 3 of this Ordinance being incorporated in the restated Ordinance 97-2.
SECTION 7. This Ordinance reflects substantive amendments to the original proposed Ordinance as initially advertised, and is enacted after a second publication of notice of the Ordinance in its final and amended form.
SECTION 8. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person, property or circumstances is for any reason held invalid or unconstitutional by any court, such holding shall not be construed to affect the validity of any of the remaining provisions of this Ordinance or its application, for such portion shall be deemed as a separate, distinct and independent provision from the remaining provisions which shall be and remain in full force and effect. It is hereby declared the legislative intent that this Ordinance would have been adopted had such valid or unconstitutional provision of its application not been included herein.
SECTION 9. All ordinances or parts of any Ordinances inconsistent herewith are hereby repealed. This Ordinance shall not be construed so as to repeal or amend Ordinance 97-2, as the same may in the future be amended.
BE IT ENACTED this 13th day of November, 2001.
_______________________________________
Suzanne R. Weber, Secretary
.
BURNORD/MLK