As used in this chapter, the following terms
shall have the meanings indicated:
Any operation that has, as its essential purpose, a significant
reduction in the emission of air contaminants or the effect of such
emission.
That area, a projection of the opening or of the gas passage
on a plane, to which the principal direction of gas flow is perpendicular.
That air that surrounds the earth, and includes the general
volume of gases contained within any building or structure, but excludes
both:
The gases contained in any building or structure
specifically designed for and used as part of an air pollution abatement
operation or in a piece of processing or operating equipment or in
any building from which a nonsignificant portion of the air contaminants
contained therein escapes; and
The gases traveling from a source operation
to a collection system, provided that such collection system collects
the air contaminants discharged by such source operation to such a
degree that no significant portion thereof escapes collection, and
provided further that such collection system emits all collected gases
through a Type A emission point.
Any material that undergoes combustion in an incineration
operation or in a salvage operation, but excludes any waste or material
the combustion of which is part of the principal purpose of the operation.
The rapid exothermic reaction of any material with oxygen.
Any stack, duct, flue, oven, kettle or other structure or
device that contains an air contaminant or a gas stream that contains
or may contain an air contaminant so as to prevent essentially its
entering the atmosphere except through such opening as may be incorporated
for that purpose in the containing device, and excludes equipment
used for air pollution abatement operations and any other device that
significantly changes the nature, extent, quantity or degree of air
contaminants in the gas stream or in which such change does or has
a natural tendency to occur.
The act of passing into the atmosphere an air contaminant
or gas stream that contains or may contain an air contaminant, or
the material so passed to the atmosphere.
The location (place in horizontal plane and vertical elevation)
at which an emission enters the atmosphere.
The total volume of gases emitted from an emission point.
Any source operation in which combustion is carried on, exclusive
of heat transfer operations, incineration operations and salvage operations.
Any source operation not included in the definitions of "general
combustion operation," "heat transfer operation," "incineration operation"
and "salvage operation" hereof, inclusive.
The combustion side of any source operation that:
Involves the combustion of fuel for the principal
purpose of utilizing the heat of combustion-product gases by the transfer
of such heat to the process material; and
Does not transfer a significant portion of heat
by direct contact between the combustion-product gases and the process
material.
Any source operation in which combustion is carried on for
the principal purpose or with the principal result of oxidizing a
waste material to reduce its bulk or facilitate disposal, or both.
Any physical action resulting in a change in location, form
or physical properties of a material or any chemical action resulting
in a change in the chemical composition or chemical or physical properties
of a material. The following are given as examples, without limitation
of the generality of the foregoing: electrolysis, combustion, material
handling, evaporation, mixing, absorption, filtration, screening and
fluidization.
Any material that is emitted as liquid or solid particles,
or both, but does not include uncombined water. For the purposes of
this definition, material emitted at any temperature in excess of
500° F. may be deemed to have been emitted at 500° F.
Any natural person, a corporation, government agency, public
officer, association, joint venture, partnership or any combination
of such, jointly or separately, operating in concert for any common
objective related to the purposes of this chapter. It includes the
owner, lessor, lessee, tenant, licensee, manager and operator of any
above-mentioned organization or group or combination thereof of any
emission point or any source operation related thereto or any interest
in such emission point or source operation.
Parts per million by volume.
The total weight of all materials introduced into a source
operation, including solid fuels, but excluding liquids and gases
used solely as fuels, and air introduced for purposes of combustion.
A rate established as follows:
For continuous or long-run steady-state source
operations, the total process weight for the entire period of continuous
operation or for a typical portion thereof divided by the number of
hours of such period or portion thereof.
For cyclical or batch source operations, the
total process weight for a period that covers a complete operation
or an integral number of cycles divided by the hours of actual process
operation during such period.
The quantity of emission computed by multiplying the quantity
of emission from a test area by the proportion which the whole area
bears to such test area. Such test area may be taken as the cross-sectional
area of the inlet to a sample probe. The emission from any test area
of a Type B emission point shall be deemed to be representative in
every respect of the emissions from the whole area of such Type B
emission point. Emissions from the test area may be measured at the
place and by the procedure which result in the highest measurement
of air contaminants. This definition shall not apply if other sampling
and testing facilities that will disclose the nature, extent, quantity
and degree of air contaminants are provided by the person responsible
for the emission.
Any source operation in which combustion is carried on for
the principal purpose or with the principal result of salvaging metals
that are introduced into the operation as essentially pure metals
or alloys thereof by oxidation of physically intermingled combustible
material, but excludes operation in which there is complete fusion
of all such metals.
The square root of the numerical value of the area.
The last operation preceding the emission of an air contaminant,
which operation:
The volume, in standard cubic feet, of all gases leaving
a source of operation. For purposes of this definition, the boundary
of a source operation is that point or surface at which the separation
of the air contaminants from the process materials or the conversion
of the process materials into air contaminants is essentially complete.
A pressure of 14.7 pounds per square inch, absolute, in a
temperature of 60° F.
That amount of the gas that would occupy a cube having dimension
of one foot on each side if the gas were at a standard condition.
Calculations to determine the number of dry standard cubic feet corresponding
to actual measured conditions shall follow accepted engineering practice.
That amount of the gas that would occupy a cube having dimension
of one foot on each side if the gas were at a standard condition.
Calculations to determine the number of standard dry cubic feet corresponding
to actual measured conditions shall follow accepted engineering practice.
The times of civil sunset and civil sunrise in the Borough
of Old Forge.
An opening of reasonably regular geometry preceded by a containing
device that has a minimum length six times the significant dimension
of the emission point and, with such minimum length, has a reasonable
straight gas-flow channel, has smooth interior surfaces, has area
and geometry essentially constant and equal to the emission point
and does not cause a significant change in the gross direction of
gas flow.
Any emission point not qualifying under the definition of
"Type A emission point" as a Type A emission point.
[Amended 4-16-2013 by Ord. No. 1-2013; 7-15-2014 by Ord. No. 1-2014]
A.
No person shall set or maintain any fire upon any street, sidewalk, alley or private or public grounds within the Borough or burn or cause to be burned thereon any paper, boxes, rubbish, leaves or other combustible material or substance of any kind, other than in chimeneas or outdoor fireplaces except as defined and permitted in this § 90-2.
B.
CAMPFIRE
CLEAN WOOD
CONSTRUCTION AND DEMOLITION WASTE
OUTDOOR FIREPLACE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A small outdoor fire intended for recreation or cooking but
not including a fire intended for disposal of waste wood or refuse.
Natural wood which has not been painted, varnished or coated
with a similar material; has not been pressure treated with preservatives;
and does not contain resins or glues as in plywood or other composite
wood products.
Building waste materials, including but not limited to waste
shingles, insulation, lumber, treated wood, painted wood, wiring,
plastics, packaging, and rubble that results from construction, remodeling,
repair, and demolition operations on a house, commercial or industrial
building, or other structure.
Includes below-ground fire pits, freestanding fireplaces,
patio wood burning unit, and portable devices intended to contain
and control outdoor fires.
C.
General restrictions.
(1)
Open burning of refuse from a commercial or industrial establishment
is prohibited.
(2)
Open burning of refuse from and at a one- or two-family dwelling
is not allowed.
(3)
No materials shall be burned that create a foul or offensive odor
or that cause smoke emissions that are reasonably offensive to occupants
of surrounding property.
(4)
The burning is conducted in a container constructed of metal or masonry
that has a metal covering device that does not have an opening larger
than 3/4 inch.
(5)
Pit burning shall be constantly attended and supervised by a competent
person of at least 18 years of age until the fire is extinguished
and is cold. The person shall have readily available for use such
fire extinguishing equipment as may be necessary for the total control
of the fire.
(6)
No materials may be burned upon any street, curb, gutter or sidewalk
or on the ice of a lake, pond, stream or waterbody.
(7)
Except for barbecue, gas, and charcoal grills, no burning shall be
undertaken within 25 feet from any combustible material, combustible
wall or partition, exterior window opening, exit access or exit unless
authorized by the Fire Chief.
(8)
No pit burning may be conducted on days when the Department of Environmental
Quality has declared an "air quality action day."
(9)
In the event the National Forestry shall put a ban on burning due
to lack of rain, all rules shall apply to the use of residential fire
pits. Anyone who violates the ban shall receive a $500 fine.
D.
Prohibited burning. Burning that is offensive or objectionable because
of smoke or odor emissions, or when atmospheric conditions or local
circumstances make such fires hazardous, shall be prohibited.
E.
Hours of operation. A person shall not maintain any outdoor burning
from 11:00 p.m. to 7:00 a.m., unless permitted and approved by the
Code Enforcement Officer.
F.
Extinguishment authority. The Code Enforcement Officer is authorized
to order the extinguishment by the responsible person, or the Fire
Department, of any burning that creates or adds to a hazardous or
objectionable situation.
G.
Operation and maintenance.
(1)
All below-ground fire pits or camp fires shall be at least four inches
in depth and shall be surrounded on the outside, above ground, by
a noncombustible material such as steel, brick, or masonry. The fire
pit cannot exceed three feet in diameter, nor may the fire pile exceed
two feet in height.
(2)
Outdoor fireplaces may be used in accordance with the manufacturer's
specifications and these regulations:
(a)
Only natural firewood/commercial logs may be burned.
(b)
Burning of lumber, pallets, scrap wood, tree trimmings, leaves,
yard waste, paper, cardboard, garbage and similar items is not permitted.
(c)
All fire pits must be located away from any structure or combustible
material.
(d)
Below-ground fire pits and freestanding fireplaces must be located
a minimum of 25 feet away from any structure or combustible material.
(e)
Portable fire pits must be located a minimum of 15 feet away
from any structure or combustible material.
(f)
The fire must be constantly attended and supervised until the
fire has been completely extinguished.
(g)
A portable fire extinguisher or other approved extinguishing
equipment, such as a garden hose, must be readily available.
(3)
A patio wood-burning unit may be installed and used in the Borough
of Old Forge only in accordance with all of the following provisions:
H.
Violations and penalties. Any person violating any of the provisions
of this chapter shall for each such offense be punished by a minimum
fine of $75 up to a maximum of $1,000 as set forth herein, plus costs
of prosecution, and in default of payment of such fine and costs,
imprisonment for not less than 30 days.
A.
This section applies to all source operations, namely incineration, salvage, heat transfer, general combustion and general operations as defined in § 90-1.
B.
Visible emissions. Except as provided in Subsections C through E, no person shall cause, let, permit, suffer or allow the emission for more than three minutes in any one hour of a gas stream containing air contaminants which, at the emission point or within a reasonable distance of the emission point, are:
(1)
As dark as or darker in shades than that designated
as No. 1 on the Ringelmann Chart as published in the United States
Bureau of Mines Information Circular 7718; or
C.
Where the presence of uncombined water is the only reason for the failure of an emission to meet the limitation of Subsection B, that subsection shall not apply. The burden of proof which establishes the application of this subsection shall be upon the person seeking to come within its provisions.
D.
Subsection B shall not apply to any emission on the basis of any observation of an air contaminant, which such contaminant is inside a bona fide building.
E.
If the person responsible for an emission can show that the emission meets all the requirements of this subsection as given in Subsection E(1) through (7), then compliance with the limitations of this subsection instead of with the limitations of Subsection B can be used by such person to show compliance of such emission with the limitations pertaining to visible emission of this chapter. The burden of showing compliance with each and all of the provisions of this subsection shall be upon the person seeking to come within its provisions.
(1)
The emission is from a Type A emission point.
(2)
The emission does not contain significant amounts
of materials which are vapors at stack temperature and particulate
matter at ambient temperature.
(3)
The emission has a constant appearance, which, for the purposes of this subsection, shall mean that the emission has a clearly discernible, predominant darkness of shade or degree of opacity, in the sense of Subsection B, and that the aggregate of all the periods during which the observed shade or opacity differs by 0.5 Ringelmann number or more from such predominant shade or opacity does not exceed three minutes in any consecutive 60 minutes.
(4)
During the time that all of the other requirements
of this subsection are met, the emission does not contain more than
n grains of particulate matter per standard cubic foot, when n equals
0.06/L, and L is the significant dimension of the emission point in
feet.
(7)
The Code Enforcement Officer may require a repeated
showing of compliance with this subsection upon a significant change
in operating conditions or upon observation of a significant change
in the appearance of the plume.
A.
Provisions of this section shall govern observations of emissions to determine compliance with § 90-3B. These provisions shall be applied to each observation to the extent that they are applicable and to whatever time and physical circumstances reasonably permit.
B.
Observations shall be made from any position such
that the line of observation is at approximately a right angle to
the line of travel of the emitted material.
C.
The plume shall be observed against a suitable background.
D.
Observations during daylight hours shall be made with
the observer facing generally away from the sun.
E.
Observations during hours of darkness should be made
with the aid of a light source.
F.
Readings shall be noted at approximately fifteen-second
intervals during observation, except that intervals of up to one minute
shall be permitted where the appearance of the emission does not vary
during such interval.
G.
The general color of the emission during the period
of observation shall be noted as a part of the record of observation.
It is the express intention of this chapter
that the use of coal- or wood-burning residential heating devices
shall not be precluded or affected in any way.
