[Adopted by the Board of Health of the Town of Belchertown 7-2-2007, as amended 9-10-2007. Subsequent amendments noted where applicable.]
A.
Whereas; The Belchertown Board of Heath does hereby find that: Outdoor
wood-fired boilers/furnaces (OWB/F) have been demonstrated to emit
dense wood smoke and therefore pose a potential threat to the health
and welfare of persons living in proximity of these devices as well
as the community at large, by affecting the quality of both indoor
and outdoor environments. The relative composition of large quantities
of fine particulate matter (PM2.5) presents the most serious health
threat. Scientific studies have demonstrated relationships between
fine particulate matter and certain health problems, including asthma
and chronic bronchitis, decreased lung function and shortness of breath,
and other acute respiratory problems, including coughing and chest
tightness. Other public health threats include the exposure to other
toxic chemicals, including air pollutants such as carbon monoxide
and nitrogen oxides, irritants toxic to respiratory cilia such as
phenols, cresols, scrolein and acetaldehyde, carcinogenic volatile
organics (volatile organic compounds (VOCs) such as benzene, formaldehyde
and 1, 3 butadiene, carcinogenic cyclic compounds such as polyaromatic
hydrocarbon.
B.
Whereas; The Belchertown Board of Heath does hereby find that: The
firing and general operation of OWB/F produces smoke often with an
opacity in excess of that allowed by 310 CMR 7.06(1) (20%, two minutes
during one hour/40% at any time) and therefore significantly contribute
to the development of nuisance conditions.
C.
Accordingly, the BOH finds and declares that the purpose of this
regulation is to protect the public health and welfare by assuring
the optimal siting and operation of these devices and the education
of owner-operators in techniques to minimize the production of noxious
wood smoke.
By the authority granted to the Board of Health, pursuant to
and in accordance with, MGL c. 111, §§ 31, 31C and
122, the Belchertown Board of Health hereby enacts the following regulations.
These regulations shall apply to each OWB/F installed on or
after October 1, 2007. In addition, any existing OWB/F installed and/or
in use prior to the effective date of these regulations have until
January 1, 2008, to come into compliance with these regulations.
A wood-fired boiler surrounded by a water jacket, in an insulated
freestanding shed with a smoke stack and used to heat water that is
carried by underground pipes to provide heat to a building. This definition
does not include industrial-sized furnace/boiler plants regulated
and permitted by the MA Department of Environmental Protection and
which utilized best available control technology (BACT) for emission
control.
An accessory structure or appliance designed to be located
outside space ordinarily used for residential, business or industrial
purposes which is designed to provide heat, via liquid or other means,
through the burning of wood, for heating spaces other than where such
structure or appliance is located, or for heating domestic, swimming
pool, hot tub or Jacuzzi water. "Outdoor wood-burning furnace" does
not include a fire pit, wood-fired barbecue or chimney. This definition
does not include industrial-sized furnace/boiler plants regulated
and permitted by the MA Department of Environmental Protection and
which utilized best available control technology (BACT) for emission
control.
Wood that has been cut a year and dried at least six months,
or by other means, to achieve moisture content (MC) less than 20%
by weight.
All wood intended to be used as fuel, including but not limited
to trees, cordwood, logs, lumber, sawdust, and wood from manufacturing
processes (butt offs, shavings, turnings, sander dust), wood pellets,
slabs, clean and untreated pallets. This definition does not include
materials chemically treated with any preservative such as paint,
oil-base product or pressure treated, trash or garbage, paper products,
or demolition material.
A.
A permit is required from the Board of Health to use an OWB/F in
the Town of Belchertown.
B.
Any person desiring to install an OWB/F on or after October 1, 2007,
shall apply for a permit from the Board of Health prior to applying
for and/or obtaining a permit from the Department of Inspection Services
to install and/or use of such OWB/F in the Town of Belchertown. The
Board of Health permit process shall include submission of a written
application form and payment of the permit fee established by the
Board of Health. The application must be accompanied by a site plan
prepared by a professional land surveyor or professional engineer
indicating the proposed OWB/F location, property identification by
tax map and parcel, property lines, acreage and zone designation of
the parcel to be served by the OWB/F, separation distances between
the OWB/F and all buildings and outbuildings on the site of the OWB
and all neighboring houses within 500 feet, as well as elevations
of the proposed chimney height, and the peaks of all buildings within
500 feet of the proposed OWB/F, together with identification of all
roads adjacent to the site, and the distance from the OWB to wooded
areas, brush, and flammable structures. Because the provision regarding
chimney heights is intended to limit the envelopment of downwind residences
by the smoke plume from an outdoor wood-fired boiler/furnace, the
comparative heights must be referenced to mean sea level (MSL) or
by an identified, permanent bench mark established on the property.
C.
Any person using an OWB/F prior to the effective date of this regulation may continue to use said OWB/F until January 1, 2008. No later than October 1, 2007, any person using an OWB/F prior to the effective date of this regulation shall apply for a permit from the Board of Health to continue using said OWB/F after January 1, 2008. Said application shall be submitted in accordance with the process set forth in Subsection B above and shall demonstrate compliance with all sections of these regulations.
D.
After the effective date of these regulations, no person shall use,
install, allow the installation, or acquire through property transfer,
an outdoor wood-fired boiler/furnace (or replace an existing outdoor
wood-fired boiler/furnace that has become inoperable) in the Town
of Belchertown, nor shall permits be sought from or issued by the
Department of Inspection Services for the installation or substantial
modification of an outdoor wood-fired boiler/furnace unless in full
accordance with all of the following provisions:
(1)
The outdoor wood-fired boiler/furnace shall be installed and used
only in areas of Belchertown zoned Ag-A and Ag-B as delineated on
the most current Town of Belchertown Zoning Map.
(2)
The OWB/F shall meet EPA Phase I emission standards certified to
meet a particulate matter emission limit of 0.60 pounds per million
British thermal units (lb/MMBtu).
(3)
The facility served by the outdoor wood-fired boiler/furnace shall
be located on a parcel of at least four acres in size, and
(4)
The outdoor wood-fired boiler/furnace shall be located at least 200
feet from the nearest property line and structure other than that
served by the OWB/F, and
(5)
Has an attached permanent stack extending at least two feet higher
than the peak of the roof of the structure(s) being served by the
OWB, and any residence located within 500 feet from the OWB/F, provided
the chimney height is not more than 55 feet.
(6)
The owner and the operator of the OWB/F has 1.) Successfully passed
an examination administered by the Belchertown Board of Health on
proper wood-burning practices, and 2.) Signed an acknowledgement that
outdoor wood-fired boilers furnaces, even if operated in accordance
with these regulations, may still create nuisance conditions or violate
existing visible smoke regulations and therefore may be subject to
private nuisance action and/or local or state enforcement action.
E.
Outdoor wood-fired boilers/furnaces shall be operated only between
September 15 and April 30.
F.
Only dry (moisture content of less than 20%), seasoned, untreated
wood fuel as defined above may be burned in the outdoor wood-fired
boiler/furnace. Under no circumstances may any starter chemical such
as gasoline be used in the outdoor wood-burning boiler/furnace.
G.
No person shall operate an outdoor wood-fired boiler/furnace in any
manner which causes a nuisance by interfering with the use and enjoyment
of neighboring properties. The outdoor wood-fired boiler/furnace shall
be operated in a manner to prevent or minimize the occurrence of visible
emissions.
A.
The Town of Belchertown Board of Health, and its agents, are authorized
to enforce this regulation. Furthermore, consistent with existing
Commonwealth of Massachusetts Regulations, 310 CMR 7.00, the Town
of Belchertown Fire Department, Police Department, and Building Inspector(s)
are also authorized to enforce this regulation.
B.
Permit suspension or revocation: The Board of Health may suspend
or revoke any permit issued pursuant to these regulations for any
violation of these regulations, or any other applicable General Law,
regulation or bylaw. Such revocation or suspension may take place
after a hearing held by the Board of Health of which the permit holder
is given seven days' written notice. Such notice shall be deemed
given upon mailing same, certified mail, return receipt requested,
to the address listed on the permit application.
C.
Noncriminal disposition: A noncriminal disposition process as provided
in MGL c. 40, § 21D, and the Town's noncriminal disposition
bylaw may penalize whoever violates any provision of this regulation.
(1)
For the first offense by a written warning.
(2)
For the second offense by a fine of $100.
(3)
For the third offense by a fine of $200.
(4)
For subsequent offense by a fine of $300 per violation.
(5)
Each day or portion thereof shall constitute a separate offense.
If more than one, each condition violated shall constitute a separate
offense.
D.
Other: Whoever violates any provision of this regulation may be penalized
by indictment or on complaint brought in court. Violations of any
order, rule or regulation promulgated or adopted under the provisions
of MGL c. 111, § 31C, shall be punished, for the first offense,
by a fine of not less than $1,000 nor more than $5,000 and for a subsequent
offense, by a fine of not less than $5,000 nor more than $10,000.
For the purpose of this subsection, each day or part thereof of violation
of such an order, rule or regulation, whether such violation is continuous
or intermittent, shall be construed as a separate and succeeding offense.
Any person aggrieved by the failure of the owner and/or operator of
an outdoor wood-fired boiler/furnace to comply with any provision
of these regulations may apply for injunctive relief to enforce the
provisions of these regulations in any court of competent jurisdiction.
E.
The Board of Health may enforce these regulations or enjoin violations
thereof through any lawful process, and the election of one remedy
by the Board of Health shall not preclude enforcement through any
other lawful means.
An owner may appeal an order to correct a violation of these
regulations provided that a written request for a hearing is filed
with the Board of Health within seven days of receipt of the violation
notice.
If any part, paragraph, provision or section of this regulation
is determined by any court to be invalid, against public policy, or
unconstitutional, said finding shall not affect the legality of the
remaining part(s), paragraph(s), provision(s) or section(s) of this
regulation which shall continue in full force and effect.
The Board of Health may vary any provision of these regulations
with respect to any particular case when, in its opinion, (1) the
enforcement thereof would do manifest injustice, and (2) the applicant
has proved that the same degree of protection can be achieved without
strict application of the particular provision. All variances shall
be considered at a hearing by the Board of Health.
