[Ord. 764-2010, 2/17/2010, § I]
This Part shall be known and may be cited as the "East Pennsboro
Township Outdoor Hydronic Heater Ordinance of 2009."
[Ord. 764-2010, 2/17/2010, § I]
The Board of Commissioners of East Pennsboro Township, under
and by virtue of and pursuant to the authority granted by the Air
Pollution Control Act, 35 P.S. § 4012, and the First Class
Township Code, § 1502(29), 53 P.S. § 56529, "Smoke
Regulation," do hereby enact and ordain this Part.
[Ord. 764-2010, 2/17/2010, § I]
Whereas, the Board of Commissioners of East Pennsboro Township
has determined that the potential for fire hazards and air pollution
from outdoor hydronic heaters may be detrimental to the health, comfort,
living conditions, welfare, and safety of the citizens of East Pennsboro
Township, it is hereby declared to be the policy of East Pennsboro
Township to safeguard the citizens of East Pennsboro Township from
such air pollution.
[Ord. 764-2010, 2/17/2010, § I]
The following words, terms, and phrases, when used in this Part,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
East Pennsboro Township Board of Commissioners.
Natural wood that has been seasoned to reduce its water content
and provide more efficient combustion that has not been: (1) coated
with paint, stain, oil, resin or any other preservative, fire retardant
or decorative materials; (2) impregnated with preservatives or fire
retardants; (3) exposed to salt water; and (4) manufactured with the
use of adhesives, polymers or resins, such as strand, particle and
veneer lumber and recycled lumber.
Person designated by the municipality to be responsible for
the administration and enforcement of this Part.
A fuel-burning device designed: (1) to burn clean wood or
other fuels specifically tested and listed for use by the manufacturer;
(2) by the manufacturer specifically for outdoor installation or installation
in structures not normally intended for habitation by humans or domestic
annuals (e.g., garages); and (3) to heat building space and/or water
via distribution, typically through pipes, of a fluid heated in the
device, typically water or a water/antifreeze mixture. Outdoor hydronic
heaters are also known as outdoor wood-fired boilers, outdoor wood-fired
furnaces, and outdoor wood-burning appliances.
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the commonwealth or the federal
government, political subdivision, municipality, district, authority,
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
The time period beginning with flame stability after first
charge of wood fuel and is no longer than two-hour duration. This
definition only includes initial startup where no previous coal bed
exists, and does not include refueling.
[Ord. 764-2010, 2/17/2010, § I]
1.
After enactment of this Part, an outdoor hydronic heater may be installed
or used in East Pennsboro Township only in accordance with all of
the following provisions:
A.
The outdoor hydronic heater shall be installed, operated and maintained
in accordance with the manufacturer's instructions.
B.
The outdoor hydronic heater shall not be used to burn any material
that does not meet the definition of clean wood, with the following
exceptions: (1) wood pellets made from clean wood, if the device has
been tested and listed to utilize this fuel; and (2) home heating
oil meeting applicable sulfur content limit, propane or natural gas,
when used as auxiliary starter fuels for devices tested and listed
as dual-fired outdoor hydronic heaters.
C.
The outdoor hydronic heater shall have been tested, listed and tagged
as being compliant with the US Environmental Protection Agency (EPA)
voluntary program to reduce outdoor hydronic heater emissions with
Phase 2 qualified devices (white tag) shall not exceed the EPA limit
of 0.32 pounds of fine particle emissions per million BTU heat output.
D.
The outdoor hydronic heater shall be located at least 100 feet from
the nearest property line or 120 feet from the nearest off-premises
occupied dwelling, whichever is more stringent, if the device is EPA
Phase 2 qualified device with a white tag.
E.
The owner or operator of the outdoor hydronic heater shall obtain
a permit from the East Pennsboro Department of Housing and Community
Development prior to installation of the device. The permit applicant
shall demonstrate compliance with applicable building and zoning regulations
contained in the Township of East Pennsboro Code of Ordinances, in
addition to compliance with this Part.
F.
No person shall cause or allow the emission of a smoke plume from
any outdoor hydronic heater to exceed an average of 20% opacity for
six consecutive minutes in any one-hour period, except during the
startup period, when visible emissions may not exceed 40% opacity
for 20 consecutive minutes.
G.
Provisions should be made to child-proof access to the hydronic heater,
by both locking and/or securing the unit or by placing a fence around
the unit to exceed four feet in height with a lock.
[Ord. 764-2010, 2/17/2010, § I]
1.
The East Pennsboro Township Code Enforcement Officer shall have the
power and duty to enforce the provisions of this Part.
2.
The East Pennsboro Township may issue such orders as are necessary
to aid in the enforcement of the provisions of this Part. These orders
shall include, but shall not be limited to: orders requiring persons
to cease unlawful use of outdoor wood-fired boilers, which are in
violation of any provision of this Part; orders to take corrective
action or to abate a public nuisance; or, orders requiring production
of information. Such an order may be issued if East Pennsboro Township
finds that any person is in violation of any provision of this Part.
3.
East Pennsboro Township may, in its order, require compliance with
this Part.
4.
An order issued under this section shall take effect upon notice,
unless the order specifies otherwise. An appeal to the East Pennsboro
Township Regional Code Appeals of the Township order shall not act
as a supersedeas; provided, however, that, upon application and for
cause shown, the Capital Area Council of Governments UCC Board of
Appeals may issue such a supersedeas under rules established by the
East Pennsboro Township Regional Code Appeals.
5.
The authority of the East Pennsboro Township to issue an order under
this section is in addition to any remedy or penalty that may be imposed
pursuant to this Part. The failure to comply with any such order is
hereby declared to be a public nuisance.
[Ord. 764-2010, 2/17/2010, § I]
1.
Whenever the Code Enforcement Official finds that illegal operation of an outdoor wood-fired boiler is occurring in the East Pennsboro Township, in contravention of the requirements of § 10-405, above, the Code Enforcement Official may order the owner or operator to take corrective action in a manner satisfactory to the East Pennsboro Township, or the Code Enforcement Official may order the owner or operator to allow access to the land by the Code Enforcement Official or a third party to take such action.
2.
For purposes of collecting or recovering the costs involved in taking corrective action or pursuing a cost recovery action pursuant to an order or recovering the cost of litigation, oversight, monitoring, sampling, testing, and investigation related to a corrective action, East Pennsboro Township may collect the amount in the same manner as civil penalties are assessed and collected following the process for assessment and collection of a civil penalty contained in § 10-409 of this Part.
[Ord. 764-2010, 2/17/2010, § I]
Any person who violates any provision of this Part or any order
of the Township issued pursuant to this Part, upon conviction thereof,
shall be sentenced to pay a fine of not less than $100 nor more than
$1,000 for each separate offense. Employees of the Township authorized
to conduct inspections or investigations are hereby declared to be
law enforcement officers authorized to issue or file citations for
summary violations under this Part, and the Township Solicitor is
hereby authorized to prosecute these offenses. For purposes of this
section, a summary offense may be prosecuted before any magisterial
district judge in this Township. There is no accelerated rehabilitative
disposition authorized for a summary offense.
[Ord. 764-2010, 2/17/2010, § I]
1.
In addition to proceeding under any other remedy available at law
or in equity for a violation of a provision of this Part or any order
issued pursuant to this Part, the Township may assess a civil penalty
for the violation. The penalty may be assessed whether or not the
violation was willful. The civil penalty so assessed shall not exceed
$25,000 per day for each violation. In determining the amount of the
penalty, the Township shall consider the willfulness of the violation;
damage to air, soil, water, or other natural resources of the Township
or their uses; financial benefit to the person in consequence of the
violation; deterrence of future violations; cost to the Township:
the size of the source or facility; the compliance history of the
source; the severity and duration of the violation; degree of cooperation
in resolving the violation; the speed with which compliance is ultimately
achieved; whether the violation was voluntarily reported; other factors
unique to the owners or operators of the source or facility; and other
relevant factors.
2.
When the Township proposes to assess a civil penalty, it shall inform
the person of the proposed amount of the penalty. The person charged
with the penalty shall then have 30 days to pay the proposed penalty
in full; or if the person wishes to contest the amount of the penalty
or the fact of the violation to the extent not already established,
the person shall forward the proposed amount of the penalty to the
Township within the thirty-day period for placement in an escrow account
with the State Treasurer or any Commonwealth bank, or post an appeal
bond to the Township within 30 days in the amount of the proposed
penalty, provided that such bond is executed by a surety licensed
to do business in the Commonwealth and is satisfactory to the Township.
If, through administrative or final judicial review of the proposed
penalty, it is determined that no violation occurred or that the amount
of the penalty shall be reduced, the Township shall, within 30 days,
remit the appropriate amount to the person with any interest accumulated
by the escrow deposit. Failure to forward the money or the appeal
bond at the time of the appeal shall result in a waiver of all legal
rights to contest the violation or the amount of the civil penalty
unless the appellant alleges financial inability to prepay the penalty
or to post the appeal bond. The Township shall conduct a hearing to
consider the appellant's alleged inability to pay within 30 days
of the date of the appeal. The Township may waive the requirement
to prepay the civil penalty or to post an appeal bond if the appellant
demonstrates and the Township finds that the appellant is financially
unable to pay. The Township shall issue an order within 30 days of
the date of the hearing to consider the appellant's alleged inability
to pay. The amount assessed after administrative hearing or after
waiver of administrative hearing shall be payable to the Township
and shall be collectible in any manner provided by law for the collection
of debts, including the collection of interest on the penalty amount
computed in accordance with § 6621(a)(2) of the Internal
Revenue Code of 1986 (P.L. 99-514, 26 U.S.C. § 1 et seq.)
from the date of assessment of the penalty. If any person liable to
pay any such penalty neglects or refuses to pay the same after demand,
the amount, together with interest and any costs that may accrue shall
constitute a debt of such person, as may be appropriate, to the Township.
The debt shall constitute a lien on all property owned by said person
when a notice of lien incorporating a description of the property
of the person subject to the action is duly filed with the prothonotary
of the court of common pleas where the property is located. The prothonotary
shall promptly enter upon the civil judgment or order docket, at no
cost to the Township, the name and address of the person, as may be
appropriate, and the amount of the lien as set forth in the notice
of lien. Upon entry by the prothonotary, the lien shall attach to
the revenues and all real and personal property of the person, whether
or not the person is solvent. The notice of lien, filed pursuant to
this section, which affects the property of the person shall create
a lien with priority over all subsequent claims or liens which are
filed against the person, but it shall not affect any valid lien,
right, or interest in the property filed in accordance with established
procedure prior to the filing of a notice of lien under this section.
[Ord. 764-2010, 2/17/2010, § I]
It shall be unlawful to fail to comply with or to cause or assist
in the violation of any of the provisions of this Part or to fail
to comply with any order or other requirement of the Township; or
to cause a public nuisance; or to hinder, obstruct, prevent, or interfere
with the Township or its personnel in their performance of any duty
hereunder, including denying the Code Enforcement Official access
to the source or facility.
[Ord. 764-2010, 2/17/2010, § I]
A violation of this Part or of any order issued by the Township under this Part shall constitute a public nuisance. The Township shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Township may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 10-409. Whenever the nuisance is maintained or continued contrary to this Part or any order issued pursuant to this Part, the nuisance may be abatable in the manner provided by this Part. Any person who causes the public nuisance shall be liable for the cost of abatement.
