Eldred supervisors propose open burning ordinance

By Howard Frank Pocono Record Writer

Eldred Township supervisors presented a draft of its first open burning ordinance, which will be discussed at the next supervisors meeting on July 6.

The ordinance is intended to regulate air pollution and fire hazards of open burning and outdoor burning, and impose penalties for any violations of the ordinance.

It would apply to any outdoor and open burning, except when generating heat in a stove, furnace, fireplace or any other heating devices within a building inhabited by people; indoor or outdoor cooking activities; and outdoor campfires or bonfires, provided that reasonable safeguards are maintained and the fires do no cause a nuisance.

Among its many aspects, the ordinance would permit open burning on lots of one-half acre or more.

Residents would have to confine the fire in a non-combustible container, covered with a wire screen, with the exception of the burning of leaves, brush and natural, untreated wood.

Residents can burn leaves, brush and untreated wood only generated by the property.

Open burning in a non-combustible container must be at least 25 feet from a building, property line or road line. Open burning of leaves, brush and untreated wood not confined in a non-combustible container would have to be 50 feet from a building, property line or road line.

The draft ordinance prohibits field fires — those that result in uncontrolled burning of vegetation.

It also prohibits open burning in public areas except where a designated area has been set aside or reserved and the user has provided an appropriate container to contain the fire.

Any unsafe fires will be extinguished by the Kunkletown Volunteer Fire Company, other fire companies or township, with associated costs paid by those responsible for setting the fire.

Several categories of fires are exempt from the ordinance when approved by the Department of Environmental Protection’s Regional Air Quality program. Such examples include pest control, and a fire set to prevent or abate a fire.

The township would reserve the right to declare a fire ban emergency during periods of drought or other periods of high fire risk to woodlands and property in the township.

An enforcing officer would have the right to enter a property in the township where there is open burning. That person can take corrective action on behalf of the township. This excludes the exceptions listed in the ordinance.

A warning would be issued to anyone who violates the ordinance. If that person violates the ordinance for a second time, a summary proceeding can be brought by the township before a district judge. Should that person be found guilty they would be subject to a fine of no more than $300 per day plus costs. The failure to pay such fines could result in imprisonment.

Residents and township officials helped assemble the draft at prior meetings. The supervisors asked that all residents read the draft ordinance over carefully and give the supervisors their feedback so a final document can be crafted. The ordinance can be reviewed at the township building in Kunkletown during business hours.

Story from the Pocono Record