Borough of Old Forge, PA
Lackawanna County
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Table of Contents
Table of Contents
As used in this chapter, the following terms shall have the meanings indicated:
AIR POLLUTION CONTROL EQUIPMENT
Any operation that has, as its essential purpose, a significant reduction in the emission of air contaminants or the effect of such emission.
AREA OF AN OPENING OR CONTAINING DEVICE
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.
ATMOSPHERE
That air that surrounds the earth, and includes the general volume of gases contained within any building or structure, but excludes both:
A. 
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
B. 
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.
AUXILIARY FUEL
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.
COMBUSTION
The rapid exothermic reaction of any material with oxygen.
CONTAINING DEVICE
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.
EMISSION
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.
EMISSION POINT
The location (place in horizontal plane and vertical elevation) at which an emission enters the atmosphere.
EXHAUST GAS VOLUME
The total volume of gases emitted from an emission point.
GENERAL COMBUSTION OPERATION
Any source operation in which combustion is carried on, exclusive of heat transfer operations, incineration operations and salvage operations.
GENERAL OPERATION
Any source operation not included in the definitions of "general combustion operation," "heat transfer operation," "incineration operation" and "salvage operation" hereof, inclusive.
HEAT TRANSFER OPERATION
The combustion side of any source operation that:
A. 
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
B. 
Does not transfer a significant portion of heat by direct contact between the combustion-product gases and the process material.
INCINERATION OPERATION
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.
OPERATION
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.
PARTICULATE MATTER
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.
PERSON
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.
PPM(VOL)
Parts per million by volume.
PROCESS WEIGHT
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.
PROCESS WEIGHT RATE
A rate established as follows:
A. 
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.
B. 
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.
QUANTITY OF EMISSION FROM A TYPE B EMISSION POINT
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.
SALVAGE OPERATION
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.
SIGNIFICANT DIMENSION OF AN AREA
The square root of the numerical value of the area.
SOURCE OPERATION
The last operation preceding the emission of an air contaminant, which operation:
A. 
Results in the separation of the air contaminant from the process materials or in the conversion of the process materials into air contaminants, as in the case of combustion of fuel; and
B. 
Is not an air pollution abatement operation.
SOURCING GAS VOLUME
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.
STANDARD CONDITIONS
A pressure of 14.7 pounds per square inch, absolute, in a temperature of 60° F.
STANDARD CUBIC FOOT OF GAS
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.
STANDARD DRY CUBIC FOOT OF A GAS
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.
SUNSET and SUNRISE
The times of civil sunset and civil sunrise in the Borough of Old Forge.
TYPE A EMISSION POINT
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.
TYPE B EMISSION POINT
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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CAMPFIRE
A small outdoor fire intended for recreation or cooking but not including a fire intended for disposal of waste wood or refuse.
CLEAN WOOD
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.
CONSTRUCTION AND DEMOLITION WASTE
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.
OUTDOOR FIREPLACE
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:
(a) 
The patio wood-burning unit shall not be used to burn refuse.
(b) 
The patio wood-burning unit shall burn only clean wood.
(c) 
The patio wood-burning unit shall be located at least 25 feet from the nearest structure.
(d) 
The patio wood-burning unit shall not cause a nuisance to neighbors.
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.
(1) 
First offense within three-year period: $75 to $500.
(2) 
Second offense within three-year period: $150 to 500.
(3) 
Third offense within three-year period: $325 to $500.
(4) 
Fourth or more offense within three-year period: $500 to $1,000.
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
(2) 
Of such capacity as to obscure an observer's view to a degree equal to or greater than the smoke described in Subsection B(1). The determination of such capacity shall be according to procedures in § 90-4.
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.
(5) 
The emission does not contain material other than the particulate matter determined in Subsection E(4) or uncombined water, or both, that contributes significantly to the failure of the emission to meet the limitations of Subsection B.
(6) 
Only emissions of that darkness of shade, degree of opacity or appearance of plume which have been observed pursuant to Subsection E(3) and (4) and have been found to comply with the limitations of Subsection E(4) are permitted by this subsection.
(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.