[HISTORY: Adopted by the Borough Council
of the Borough of Westmont as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-10-1991 by Ord. No. 689]
this article is enacted in the interest of the
health, safety and welfare of the residents of the Borough of Westmont
for the prevention of fires and to eliminate nuisances caused by smoke,
cinders and ashes.
Out-of-door fires shall be permitted upon private
property within the limits of the borough for the burning of nonoffensive
matter, subject to the following regulations and restrictions.
[Amended 10-13-1992 by Ord. No. 698]
A burning permit shall be required before any burning is commenced within the borough. The fee for said permit for one day shall be as set forth from time to time by resolution of the Borough Council. A twenty-four-hour extension shall be granted due to rain. The days and times that burning can take place within the jurisdiction of the borough are set forth in § 89-6 below.
No outside fires shall be kindled or maintained
within 15 feet of any building or the opening of any building or within
15 feet of any property line or street line.
The burning of any material is prohibited upon
any public street, alley, sidewalks or public grounds in the Borough
of Westmont.
No fire shall be kindled or maintained on Sunday
or on the following legal holiday: New Year's Day, Good Friday, Memorial
Day, Flag Day, July Fourth, Labor Day, Veterans Day, Columbus Day,
Thanksgiving and Christmas; but shall be permitted on Monday, Tuesday,
Wednesday, Thursday, Friday or Saturday of each week between the hours
of 8:00 a.m. and 7:00 p.m. All fires must be tended at all times until
the fire is out.
[Amended 6-12-2001 by Ord. No. 755]
The burning of garbage, vegetable waste, leaves,
rubber, plastics, furniture, glass, metals, car products or any other
materials which will cause nauseous or noxious fumes, smoke, toxic
chemicals or excessive fly ash is specifically prohibited.
Charcoal or wood fires kindled for the purpose
of outside barbecues shall be permitted.
Fireplaces and woodburning stoves within a private
residence are permitted for the purpose of providing heat or for use
as a barbecue, but in no event shall garbage, rubbish or trash be
burned in said fireplaces or woodburning stoves.
The burning of large brush piles or grass areas
for the purpose of clearing land shall be permitted, provided that
the borough's Fire Department is contacted in advance and advised
of such plans, so that the Fire Department may be aware of the location
of said land and be able to stand by in case of emergency.
A.
Any person who shall violate any of the provisions
of this article or fail to comply herewith shall, upon conviction
before a District Justice, be subject to a fine based upon the following
schedule:
B.
Any person so convicted shall also pay all costs of
prosecuting the action, investigating the case or any restitution
for damages caused through the use of an outdoor fire. In the event
that the fine and costs are not paid, the defendant shall be sentenced
to serve not more than 10 days in the Cambria County Jail. Each day
the violation exists shall constitute a separate offense.
[Adopted 1-13-2009 by Ord. No.804]
This article shall be known and may be cited
as the "Borough of Westmont Outdoor Wood-Fired Boiler Ordinance of
2009."
The Council of the Borough of Westmont, under
and by virtue of and pursuant to the authority granted by § 12
of the Pennsylvania Air Pollution Control Act, 35 P.S. 4012, do hereby
enact and ordain this article.
A.
This article applies to the installation and use of
all outdoor wood-fired boilers within the Borough of Westmont.
B.
Exceptions:
(1)
This article does not apply to grilling or cooking
using charcoal, wood, propane or natural gas in cooking or grilling
appliances.
(2)
This article does not apply to burning in a stove,
furnace, fireplace or other heating device within a building used
for human or animal habitation.
(3)
This article does not apply to the use of propane,
acetylene, natural gas, gasoline or kerosene in a device intended
for heating, construction or maintenance activities.
Whereas the Council of the Borough of Westmont
has determined that air pollution from outdoor wood-fired boilers
may be detrimental to the health, comfort, living conditions, welfare
and safety of the citizens of the Borough of Westmont, it is hereby
declared to be the policy of the Borough of Westmont to safeguard
the citizens of the Borough of Westmont from such air pollution.
The following words, terms and phrases, when
used in this article, unless the context clearly indicates otherwise,
shall have the following meanings ascribed to them:
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a furnace, especially that part of a structure
extending above a roof.
Natural wood that has no paint, stains or other types of
coatings, and natural wood that has not been treated with, including,
but not limited to, copper chromium arsenate, creosote or pentachlorophenol.
Borough Council.
The Borough of Westmont, a borough, created under state law,
having jurisdiction over the disposal of sewage, industrial wastes
or other wastes.
A fuel-burning device designed:
To burn clean wood or other approved solid fuels;
By the manufacturer specifically for outdoor
installation or installation in structures not normally intended for
habitation by humans or domestic animals (e.g., garages); and
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 wood-fired boilers are also known as
"outdoor wood-fired furnaces," "outdoor wood-burning appliances" or
"outdoor hydronic heaters," etc.
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.
Person designated by the municipality to be responsible for
the administration and enforcement of this article.
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery, and other vegetative material. This definition
could be revised slightly to exclude tree trimmings, if the municipality
will allow this to be burned as clean wood.
After February 1, 2009, an outdoor wood-fired
boiler may be installed or used in the Borough of Westmont only in
accordance with all of the following provisions:
A.
The outdoor wood-fired boiler shall not be used to
burn any of the following prohibited materials:
(1)
Any material that does not meet the definition of
"clean wood."
(2)
Furniture.
(3)
Garbage.
(4)
Tires.
(5)
Lawn clippings or yard waste.
(6)
Material containing plastic.
(7)
Material containing rubber.
(8)
Waste petroleum products.
(9)
Paints and paint thinners.
(10)
Chemicals.
(11)
Any hazardous waste.
(12)
Coal.
(13)
Glossy colored paper.
(14)
Construction and demolition debris.
(15)
Plywood.
(16)
Particleboard.
(17)
Saltwater driftwood.
(18)
Manure.
(19)
Animal carcasses.
(20)
Asphalt products.
B.
The outdoor wood-fired boiler shall be located at
least 500 feet from the nearest building that is not on the same property
as the outdoor wood-fired boiler, and/or the outdoor wood-fired boiler
shall be located a minimum of 300 feet from any property line.
C.
The outdoor wood-fired boiler shall have a permanent
chimney that extends at least a minimum height in accordance with
applicable building code regulations.
D.
The outdoor wood-fired boiler shall have an orange
hang tag that signifies that it meets the EPA's standards for Phase
1 air emission levels of 0.60 pounds of fine particulates per million
Btu heat input and qualifies for the EPA's voluntary program.
The owner or operator of the outdoor wood-fired
boiler shall obtain a permit from the Westmont Borough Building Code
Official/Zoning Officer prior to beginning construction or installation
of any wood-fired boiler unit or appurtenances thereto. Said permit
application and construction inspections shall be in accordance with
the current Pennsylvania Uniform Construction Code[1] and Westmont Borough Ordinance No. 777,[2] as amended, adopting and enacting said regulations.
The use of the outdoor wood-fired boiler shall
be prohibited between June 1 and September 1 of each calendar year.
The owner of a building or structure, office
or agency of the Borough, or any other person aggrieved from a decision
of the Building Code Official/Zoning Officer, may appeal to the Westmont
Borough Council. Any appeal shall be heard by the Westmont Borough
Council at a regularly scheduled or properly called and scheduled
special meeting, as requested by the appellant. The appeal shall be
advertised in a newspaper having general circulation in the Borough
of Westmont. The Borough Council shall uphold, affirm, reverse or
modify the decision of the Building Code Official/Zoning Officer.
The advertising costs and any other costs associated with the appeal
shall be the responsibility of the appellant, regardless a decision
in favor of or against the appellant.
A.
The Westmont Borough Building Code Official/Zoning
Officer shall have the power and duty to enforce the provisions of
this article.
B.
The Building Code Official/Zoning Officer may issue
such orders as are necessary to aid in the enforcement of the provisions
of this article. These orders shall include, but shall not be limited
to: orders requiring persons to cease unlawful use of outdoor wood-fired
boilers, which is in violation of any provision of this article; orders
to take corrective action or to abate a public nuisance; or orders
requiring production of information. Such an order may be issued if
the municipality finds that any person is in violation of any provision
of this article.
C.
The municipality may, in its order, require compliance
with this article.
D.
An order issued under this section shall take effect
upon notice, unless the order specifies otherwise. Any appeal to the
Borough Council of the Borough of Westmont's order shall not act as
a supersedeas; provided, however, that, upon application and for cause
shown, the Borough Council may issue such a supersedeas under rules
established by the Borough Council.
E.
The authority of the Building Code Official/Zoning
Officer to issue an order under this section is in addition to any
remedy or penalty that may be imposed pursuant to this article. The
failure to comply with any such order is hereby declared to be a public
nuisance.
A.
Whenever the Building Code Official/Zoning Officer finds that illegal operation of an outdoor wood-fired boiler is occurring in the Borough of Westmont in contravention of the requirements of § 89-18, § 89-19 and/or § 89-20 above, the Building Code Official/Zoning Officer may order the owner or operator to take corrective action in a manner satisfactory to the Borough of Westmont, or the Building Code Official/Zoning Officer may order the owner or operator to allow access to the land by the Building Code Official/Zoning Officer or a third party to take such action.
B.
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, the Borough of Westmont 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 § 89-25 of this article.
A.
Any person who violates any provision of this article
or any order of the Borough of Westmont issued pursuant to this article
commits a summary offense and shall, upon conviction, be sentenced
to pay a fine of not less than $250 nor more than $1,000 for each
separate offense and, in default of the payment of such fine, may
be sentenced to imprisonment for 90 days for each separate offense.
B.
Employees of the Borough of Westmont 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 article, and the Westmont Borough Solicitor
is hereby authorized to prosecute these offenses. For purposes of
this section, a summary offense may be prosecuted before any district
justice serving the Borough of Westmont. There is no accelerated rehabilitative
disposition authorized for a summary offense.
A.
In addition to proceeding under any other remedy available
at law or in equity for a violation of a provision of this article
or any order issued pursuant to this article, the Borough of Westmont
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 Westmont Borough Council shall consider
the willfulness of the violation; damage to air, soil, water or other
natural resources of the municipality or their uses; financial benefit
to the person in consequence of the violation; deterrence of future
violations; cost to the Borough of Westmont; 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.
B.
When the Borough of Westmont 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 quasi judicial body 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
Westmont Borough Council 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 Borough
of Westmont. 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 Westmont Borough
Council 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 Westmont
Borough Council shall conduct a hearing to consider the appellant's
alleged inability to pay within 30 days of the date of the appeal.
The Westmont Borough Council may waive the requirement to prepay the
civil penalty or to post an appeal bond if the appellant demonstrates
and the Westmont Borough Council finds that the appellant is financially
unable to pay. The Westmont Borough Council 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
Borough of Westmont 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 (Public Law 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 Borough of Westmont. 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 of Cambria County. The Prothonotary shall promptly
enter upon the civil judgment or order docket, at no cost to the Borough
of Westmont, 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.
It shall be unlawful to fail to comply with
or to cause or assist in the violation of any of the provisions of
this article or to fail to comply with any order or other requirement
of the Borough of Westmont; or to cause a public nuisance; or to hinder,
obstruct, prevent or interfere with the Borough of Westmont or its
personnel in their performance of any duty hereunder, including denying
access to the Building Code Official/Zoning Officer to any source
or facility.
A violation of this article or of any order issued by the Borough of Westmont under this article shall constitute a public nuisance. The Borough of Westmont 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 Borough of Westmont may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 89-25. Whenever the nuisance is maintained or continued contrary to this article or any order issued pursuant to this article, the nuisance may be abatable in the manner provided by this article. Any person who causes the public nuisance shall be liable for the cost of abatement.
