Borough of Bellefonte, PA
Centre County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Bellefonte 12-7-1970 by Ord. No. 663 (Ch. 1814 of the 1979 Codified Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Mines, collieries and quarries — See Ch. 360.
Outdoor fuel-burning appliances — See Ch. 384.
Solid waste — See Ch. 482.
The short title of this chapter shall be "The Borough of Bellefonte Air Pollution Control Ordinance of 1970."
As used in this chapter:
ACTUAL OPERATING CAPACITY
The total weight of all materials processed in a source operation, including solid fuels, but excluding liquids and gases used solely as fuels, and excluding air introduced for purposes of combustion.
AIR CONTAMINANT
Any smoke, soot, fly ash, dust, cinders, dirt, noxious liquid or gaseous matter, or any other materials in the open air, but excluding uncombined water.
AIR POLLUTION
The presence in the open air of one or more air contaminants or combinations thereof in such place, manner or concentration that they are or may tend to be inimical to the health, safety or welfare of the public or in excess of the limitations established in this chapter.
AIR POLLUTION CONTROL DEVICE
Any chemical, article, machine, equipment or other contrivance, the use of which may eliminate, reduce or control the emission of air contaminants in the open air.
AIR BASIN
The boundaries of areas within the Borough as specified by the Board.
AMBIENT AIR
The air surrounding residents of the Borough as distinct from air contaminants emitted from a specific source.
AMBIENT AIR QUALITY or AMBIENT AIR QUALITY STANDARDS
Refers to those terms as used in the Federal Air Quality Act of 1967 and in the Commonwealth of Pennsylvania Ambient Air Quality Standards promulgated pursuant thereto.
ASH
Includes cinders, fly ash or any other solid materials remaining after combustion, and may include unburned combustibles.
AUTHORIZED REPRESENTATIVE
An individual, firm or corporation designated by a person, who shall be given authority to act in all matters pertaining to the Air Pollution Control Board. Such authorization must be transmitted in writing to the Board.
BOARD
The Air Pollution Control Board and its duly authorized agents.
BOARD OF HEALTH
The members of the Centre County Board of Health.
BOROUGH
The Borough of Bellefonte.
BREECHING
A passageway leading from a furnace to its chimney or stack.
CHIMNEY or STACK
Any conduit, duct, vent, flue or opening of any kind whatsoever arranged to conduct flue gases to the open air. It does not include breeching.
CINDERS
Particles not ordinarily considered as fly ash or dust because of their greater size. These particles consist essentially of fused ash and/or other solid matter.
CONDENSED FUMES
Minute solid particles generated by the condensation of vapors from solid matter after volatilization from the molten state, or generated by sublimation, distillation, calcination or chemical reaction when these processes create airborne particles.
COUNTY
The County of Centre, Pennsylvania.
DOMESTIC HEATING PLANT
A plant generating heat for a single-family residence or for multiple-dwelling units in which such plant serves fewer than three apartments. Under this designation are hot water heaters, stoves and space heaters used in connection with the foregoing establishments or to heat temporary buildings, such as those used by railroad and construction industries. Similar equipment used in multiple-dwelling units other than herein described or in permanent buildings of commercial or industrial establishments is not included under this designation.
DOMESTIC REFUSE-BURNING EQUIPMENT
Any refuse-burning equipment or incinerator used for a single-family residence or for multiple-dwelling units in which such equipment or incinerator serves fewer than three apartments.
DUST
Solid particulate matter released into the air, or carried in the air by natural forces, or by any fuel-burning, combustion or process equipment or device, or from construction or demolition work, or by mechanical or industrial processes, or emitted from any source other than a flue.
DUST-COLLECTING EQUIPMENT
Any device for separating dust from the air or gas medium in which it is carried.
EQUIVALENT OPACITY
The opacity which obscures vision to a degree equal to or greater than smoke of an equivalent Ringelmann number.
FLUE
Any duct, passage, stack, chimney or conduit through which flue gases are emitted into the open air.
FLUE GASES
All gases which leave the combustion chamber by way of the flue, including gaseous products of combustion, water vapor, excess oxygen and nitrogen.
FLY ASH
Solid particulate matter capable of being gasborne or airborne and consisting essentially of fused ash and/or partially burned material.
FUEL
Any form of combustible matter, whether solid, liquid, vapor or gas, or combination thereof, intended for or used as a source of heat.
FUEL DEALER
Any person who sells or delivers solid fuel or fuel oil directly to the consumer.
FUEL-BURNING OR COMBUSTION EQUIPMENT
Any furnace, boiler, apparatus, stack, and all appurtenances thereto, used in the process of burning fuel for the primary purpose of producing heat or power by indirect heat transfer.
FUGITIVE DUST
Solid airborne particulate matter emitted from any source other than a flue.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
INCINERATOR
A combustion device specifically designed for the destruction, by burning, of solid, semisolid, liquid or gaseous combustible wastes.
INDEX
The summation of the products of the sampling time periods multiplied by the concentration measured in those respective periods over the total time interval specified. Indexes are expressed in "parts per million-hours," which is abbreviated "ppm-hours," or in RUD hours per 1,000 linear feet.
MULTIPLE-CHAMBER INCINERATOR
Any article, machine, equipment, contrivance, structure or part of a structure used to dispose of combustible refuse by burning, consisting of three or more refractory-lined combustion furnaces in series, physically separated by refractory walls, interconnected by gas passage ports or ducts and employing adequate design parameters necessary for maximum combustion of the material to be burned.
ODOR
That property of an air contaminant that affects the sense of smell.
OPEN AIR
All spaces outside of buildings, chimneys, stacks or exterior ducts.
OPEN FIRE
Any fire from which the products of combustion are emitted directly into the open air without passage through a stack or chimney.
OWNER
The person who has title to the premises, with or without possession of the premises, or has possession, charge, care or control of the premises, either as agent of the owner or as administrator, administratrix, executor, executrix or guardian of the estate of the owner, or is the lessee of the premises.
PARTICULATE MATTER
Material, other than uncombined water, which exists in a finely divided form as a liquid or solid at standard atmospheric conditions.
PARTS PER MILLION-HOURS
The average hourly concentration of the indicated pollutant times the number of hours constituting the indicated period.
PERSON
Any individual natural person, syndicate, association, partnership, firm, corporation, institution, agency, authority, department, bureau or instrumentality of federal, state or local government, or other entity recognized by law as the subject of rights and duties.
POTENTIAL EMISSION
The quantity of air contaminants which may be emitted into the atmosphere from an air contamination source when such source is operated at its maximum rated capacity. The potential emission may be determined by sampling in a flue prior to the inlet of the air pollution control device, if any, or by estimating the weight of emission by performing a material balance (difference between process input weight and output weight) for the process or operation, or by estimating the weight of emission using estimating techniques approved by the Air Pollution Control Board.
PREMISES
Any real property.
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 excluding 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 unit operations or unit processes, 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 a period.
C. 
Where the nature of any process or operation or the design of any equipment is such as to permit more than one interpretation of this definition, the interpretation that results in the minimum value of allowable emission shall apply.
PROCESSES OR PROCESS EQUIPMENT
Any equipment, device or contrivance for changing any materials whatever or for storage or handling of any materials, and all appurtenances thereto, including ducts, stacks, etc., the use of which may cause any discharge of an air contaminant into the outdoor open air, but not including that equipment specifically defined as fuel-burning equipment or refuse-burning equipment.
RECONSTRUCTION
Any material change or alteration of any existing fuel-burning, combustion or process equipment or device from that physical or operating condition for which approval was last obtained or the addition, removal or replacement of any appurtenances or devices which materially affect the method or efficiency of preventing the discharge of air contaminants into the open air.
REDUCTION
A heated process, such as rendering, cooking, drying, dehydrating, digesting, evaporating and protein concentrating.
REFUSE
Garbage, rubbish and trade waste.
REFUSE-BURNING EQUIPMENT
A device specifically designated for the combustion of waste material.
RINGELMANN CHART
A chart recommended by the United States Bureau of Mines for grading the appearance, density or shade of smoke or other air contaminants.
RUBBISH
Solids, including, but not limited to, rags, old clothes, leather, rubber, carpets, wood, plastic, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar materials.
SMOKE
Small gasborne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon and other combustible material.
SOILING INDEX
A measurement based on the reflectance properties of deposited solid or liquid particles on a filter media.
SOLID FUEL
Any material in its solid state capable of being consumed by a combustion process.
SOOT
Congealed particles consisting mainly of carbonaceous material.
SOURCE OPERATION
The last operation preceding the emission of air contaminants when this operation:
A. 
Results in the separation of the air contaminants from the process materials or in the conversion of the process materials into air contaminants, as in the case of fuel combustion; and
B. 
Is not an air pollution abatement operation.
STACK or CHIMNEY
Any conduit, duct, vent, flue or opening of any kind arranged to conduct flue gases to the atmosphere. It does not include breeching.
STANDARD ATMOSPHERIC CONDITIONS
A gas temperature of 60° F. and a gas pressure of 29.92 inches of mercury absolute.
TRADE WASTE
All solid or liquid material or rubbish resulting from construction, building operations, demolition or the prosecution of any business, trade or industry, including, but not limited to, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials.
VAPOR
The gaseous form of a substance normally in the liquid or solid state.
VARIANCE
Any exception to this chapter approved for a limited period of time by the Air Pollution Control Board.
A. 
There is hereby established an Air Pollution Control Board, to consist of five members, all of whom shall be appointed by Council.
B. 
The term of the appointed members shall be for a period of three years. However, of those initially appointed, one member shall be appointed for a term of one year, two members for a term of two years, and two members for a term of three years. Thereafter, appointments or reappointments shall be for the full term of three years. Not more than one member shall be an industry representative. The members shall receive no compensation for their services as members of the Board. The Board shall elect Council to act as Secretary of the Board. A majority of all members shall constitute a quorum for the transaction of business.
C. 
Council may, at its discretion, act as the interim Air Pollution Control Board from the effective date of this chapter (Ordinance No. 663, adopted December 7, 1970) until such time as Council appoints the individual Air Pollution Control Board members.
The Air Pollution Control Board shall have the following powers and duties:
A. 
It shall elect its own Chairman.
B. 
It shall meet at the call of the Chairman or the written request of two members or at the request of Council. The Board shall conduct not less than four meetings a year.
C. 
It shall recommend to Council proposed changes in the rules and regulations when new technical advances are developed which improve this chapter.
D. 
It shall inform Council of enforcement problems that have been brought to its attention.
E. 
It shall coordinate activities and recommend solutions to problems brought to its attention by citizen groups or any member of the Board.
F. 
It shall conduct studies to improve present technology.
G. 
All hearings conducted by the Board shall be open to the public, and the meetings shall be publicized beforehand. Any person may appear and testify at a hearing, either in person or by a duly authorized representative or attorney.
H. 
The Board shall conduct hearings where petitions are received for a variance from this chapter. A fee determined by the Borough Council by resolution, in cash or certified check, payable to the Treasurer of the Borough, shall accompany the petition for a variance. After a petition is filed with the Board, the Chairman may grant a stay of all proceedings pursuant to this chapter pending the decision of the Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I. 
All hearings must be conducted in the presence of a quorum. The Chairman may appoint any member to conduct the hearing, and the Chairman or member conducting the hearing shall have authority to administer oaths and to do all things necessary and proper in the conduct of a hearing.
J. 
At a Board hearing, the parties involved and the Chairman may appear with counsel, file written arguments, offer testimony, cross-examine the witnesses, or take any combination of such actions.
K. 
All testimony taken before the Board shall be under oath and may be recorded stenographically, except that the Board may require submission of exhibits. The transcripts of the record shall be made available to any person upon payment of the fair charges therefor.
L. 
Any member conducting the hearing may issue subpoenas for the attendance and testimony of witnesses and the submission of any relevant books and records.
M. 
The Board may grant or modify or deny petitions for a variance or may revoke a variance already granted. The concurrence of any three members of the Board shall be necessary for the decision described above.
N. 
The Board shall hold a hearing within 30 days after the filing of a petition for a variance and shall make the decision within 30 days after the conclusion of the hearing and shall notify all parties of record and their counsel of its decision. The Chairman shall issue appropriate orders requiring compliance with the decision of the Board. Any decision of the Board rendered pursuant to this chapter shall be final and any appeal therefrom shall be made to the Court of Common Pleas of Centre County. Such appeal to the Court of Common Pleas shall be made within 30 days after service of a decision of the Board. Such appeal to the Court of Common Pleas may be made by any person suffering legal wrong or adversely affected or aggrieved by the decision.
O. 
Any party or the Chairman may petition the Board to modify or cancel variances.
A. 
Any person may submit a petition to the Air Pollution Control Board for a variance from the provisions of this chapter governing the quality, nature, duration or extent of discharges of air contaminants. The petition shall be filed with the Chairman, who shall act for the Board in receiving such petition. The petition shall be accompanied by the fee provided in Subsection D hereof and shall include the following information:
(1) 
The name, address and telephone number of the petitioner or other person authorized to receive service of notices;
(2) 
The type of business or activity involved in the application and the street address at which it is conducted;
(3) 
A brief description of the article, machine, equipment or other contrivance or process involved in the application and the emissions occurring therefrom;
(4) 
The signature of the petitioner or of some person on his behalf, including, where the person signing is not the petitioner, the authority of such person to sign;
(5) 
The section, rule or order from which a variance is sought;
(6) 
The facts showing why compliance with this chapter or an order cannot be attained;
(7) 
The period of time and the reasons for which the variance is sought;
(8) 
A description of damage or harm that would result to the petitioner from compliance with this chapter or an order;
(9) 
The requirements that the petitioner can meet and the date when the petitioner can comply with all requirements, including the abatement of emissions that will result;
(10) 
The advantages and disadvantages to the residents of the Borough that would result from requiring compliance or that would result from granting a variance;
(11) 
A statement as to whether or not any case involving the same equipment or process is pending in any court, civil or criminal;
(12) 
A statement as to whether or not the subject equipment or process is covered by a permit to install and operate issued by the Borough and the number of such permit; and
(13) 
Such other information and data required by the Board in conformity with the provisions of this chapter.
B. 
The Board may grant such variance if it finds that:
(1) 
The emission occurring or proposed to occur does not constitute a hazard to public health or safety; and
(2) 
To require compliance with the provisions of this chapter from which the variance is sought would not be in the public interest.
C. 
In determining whether a variance should be granted, certain factors shall be taken into consideration by the Board. These factors include, but are not limited to:
(1) 
Action taken by the applicant to control the emission of air contaminants;
(2) 
The efficiency of any control equipment relative to that which would be required to meet the standards set forth in this chapter;
(3) 
Any interim control measure;
(4) 
The effect of the emission on ambient air quality;
(5) 
The degree of control relative to similar facilities; and
(6) 
The age and degree of obsolescence of the facility in question.
D. 
A variance may be granted for a period of time not to exceed one year and under such terms and conditions as are specified by the Board. The variance may be renewed by the Board upon application made at least 60 days prior to the expiration of the term. A renewal application shall be considered in the same manner as the initial petition for the variance, and the petition for renewal of the variance shall be accompanied by a fee determined by the Borough Council by resolution, in cash or certified check, payable to the Treasurer of the Borough.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
A variance may require a gradual decrease of emissions during the variance period and periodic reports of the improvement program and of compliance with the terms and conditions attached to the variance. Such variance may be revoked or modified for failure to comply with the terms and conditions thereof or for failure to make a periodic report if such is required. Reports on the progress of the program shall be required within such period as may be specified by the Board.
F. 
Nothing in this section, and no variance or renewal granted pursuant hereto, shall be construed to prevent or limit the application of the emergency provisions and procedures of this chapter.
A. 
General.
(1) 
The Ringelmann Chart, hereby made a part of this chapter by reference, shall be used for grading the appearance, density or shade of smoke. Devices approved by the Air Pollution Control Board may be used to evaluate the appearance, density or shade of smoke and may be substituted for the Ringelmann Chart.
(2) 
Where the presence of uncombined water is the only reason for failure of an emission to meet the requirements of Subsection B hereof, such subsection shall not apply.
B. 
Limitations.
(1) 
No person shall cause, suffer or allow to be omitted into the open air from any fuel-burning, combustion or process equipment or device, incinerator, internal combustion engine, premises, chimney or stack air contaminants, the appearance, density or shade of which exceeds No. 1 of the Ringelmann Chart or an equivalent opacity. Except that:
(a) 
For fuel-burning and combustion equipment:
[1] 
Air contaminants may be emitted of an appearance, density or shade which exceeds No. 2 of the Ringelmann Chart, or an equivalent opacity, but is less than No. 3 of such chart, or an equivalent opacity, for a period not to exceed four minutes in any sixty-minute period.
[2] 
Air contaminants may be emitted of an appearance, density or shade which exceeds No. 1 of the Ringelmann Chart, or an equivalent opacity, but is less than No. 2 of such chart, or an equivalent opacity, for a period not to exceed two additional minutes in any sixty-minute period.
[3] 
The above exceptions shall not be permitted more than three times in any twenty-four-hour period.
(b) 
For coke plants: When charging or pushing a battery of coke ovens, air contaminants may be emitted of an appearance, density or shade which exceeds No. 2 of the Ringelmann Chart, or an equivalent opacity, for a period not to exceed eight minutes in any sixty-minute period.
(c) 
For heating and reheating furnaces:
[1] 
Air contaminants may be emitted of an appearance, density or shade in excess of No. 2 of the Ringelmann Chart, or of an equivalent opacity, for a period not to exceed six minutes in any sixty-minute period.
[2] 
The above exception shall not be permitted more than three times in any twenty-four-hour period.
(d) 
For air furnaces:
[1] 
Air contaminants may be emitted of an appearance, density or shade in excess of No. 2 of the Ringelmann Chart, or of an equivalent opacity, for a period not to exceed six minutes in any sixty-minute period.
[2] 
The above exception shall not be permitted more than three times in any twenty-four-hour period.
(2) 
Persons responsible for equipment covered by the exceptions set forth in Subsection B(1)(a), (c) and (d) hereof shall maintain records of the time when all such exceptions occur and the duration thereof. Such records shall be submitted to the Board upon request.
A. 
In general.
(1) 
The amount of particulate matter that may be emitted from any fuel-burning, combustion or process equipment or device, incinerator, internal combustion engine, premises, chimney or stack is set forth in this section, provided that:
(a) 
If two or more existing fuel-burning units are connected to a single flue, their total capacity rating shall be used to compute the amount of particulate matter that may be emitted.
(b) 
The amount of particulate matter which may be emitted from equipment or processes having an intermediate capacity rating other than those shown in Subsection B hereof shall be determined by linear interpolation.
(c) 
Process weight per hour is the total weight per hour of all materials introduced into any specific process which may cause any discharge of particulate matter. Solid fuels charged will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not. For a cyclical or batch operation, the process weight per hour will be derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any process to the completion thereof, excluding any time during which the equipment is idle. For a continuous operation, the process weight per hour will be derived by dividing the process weight for a typical period of time by such time period.
(d) 
The process weight per hour referred to in this section shall be based upon the actual operating capacity of the equipment, and if such operating capacity should be increased by process or equipment changes, the new actual operating capacity shall be used in determining allowable emissions.
(e) 
If more than one piece of process equipment is connected to a single chimney or stack, the total weight for all such processes or pieces of process equipment shall be used in determining the total process weight and the allowable rate of emission.
(2) 
In any air basin, when either a single source or multiple sources cause the concentrations in the ambient air to exceed the standards set forth by the Commonwealth Department of Environmental Protection Air Pollution Commission, the Air Pollution Control Board shall determine the source and its effect upon the ambient air quality of the air basin, as well as the effectiveness of the control methods employed at each contributing source. Based upon this study, if the Board determines that the source that causes the air quality standards to be exceeded is:
(a) 
Located within the Borough, the Board shall order the institution of additional control measures as required at each contributing source to meet the ambient air quality requirements set forth in such standards; or
(b) 
Located outside the Borough, the Board shall notify the County Board of Health, which shall request the cooperation of the Pennsylvania Department of Environmental Protection to take the necessary action to meet the ambient air quality requirements set forth in such standards.
B. 
Limitations.
(1) 
Existing fuel-burning and combustion equipment. No person shall cause, suffer or allow the emission of particulate matter from existing fuel-burning or combustion equipment as measured in the flue in excess of the following weights:
(a) 
Not more than 0.60 pounds for each 1,000,000 BTU input from equipment having a capacity rating of less than 10,000,000 BTU per hour;
(b) 
Not more than 0.46 pounds for each 1,000,000 BTU input from equipment having a capacity rating of 50,000,000 BTU per hour;
(c) 
Not more than 0.40 pounds for each 1,000,000 BTU input from equipment having a capacity rating of 100,000,000 BTU per hour;
(d) 
Not more than 0.30 pounds for each 1,000,000 BTU input from equipment having a capacity rating of 500,000,000 BTU per hour;
(e) 
Not more than 0.26 pounds for each 1,000,000 BTU input from equipment having a capacity rating of 1,000,000,000 BTU per hour; and
(f) 
Not more than 0.20 pounds for each 1,000,000 BTU input from equipment having a capacity rating in excess of 5,000,000,000 BTU per hour.
(2) 
New fuel-burning or combination equipment. No person shall cause, suffer or allow the emission of particulate matter from new fuel-burning or combustion equipment as measured in the flue in excess of the following weights:
(a) 
Not more than 0.60 pounds for each 1,000,000 BTU input from equipment having a capacity rating of less than 10,000,000 BTU per hour;
(b) 
Not more than 0.46 pounds for each 1,000,000 BTU input from equipment having a capacity rating of 50,000,000 BTU per hour;
(c) 
Not more than 0.35 pounds for each 1,000,000 BTU input from equipment having a capacity rating of 100,000,000 BTU per hour;
(d) 
Not more than 0.26 pounds for each 1,000,000 BTU input from equipment having a capacity rating of 500,000,000 BTU per hour;
(e) 
Not more than 0.20 pounds for each 1,000,000 BTU input from equipment having a capacity rating of 1,000,000,000 BTU per hour; and
(f) 
Not more than 0.12 pounds for each 1,000,000 BTU input from equipment having a capacity rating of 5,000,000,000 BTU per hour.
(3) 
Incinerators. No person shall cause, suffer or allow to be emitted into the open air from any incinerator or to pass a convenient measuring point near the stack outlet fly ash in the gases to exceed 0.125 pounds per 100 pounds per hour of rated capacity except that, for incinerators rated at four tons per hour or greater, the emissions shall not exceed those shown in the following table:
Tons per Hour
Pounds per Hour
4
10.0
8
15.0
12
20.0
18
27.0
24
33.0
32
40.0
40
48.0
(4) 
Process or process equipment. Except as provided in Subsection C hereof, no person shall cause, suffer or allow the emission of particulate matter in any one hour from any process or process equipment in excess of the amounts shown in the following table:
Process Weight Rate
(pounds per hour)
Process Weight Rate
(tons per hour)
Rate of Emission
(pounds per hour)
100
0.05
0.6
200
0.10
0.9
400
0.20
1.4
600
0.30
1.8
800
0.40
2.2
1,000
0.50
2.6
1,500
0.75
3.4
2,000
1.00
4.1
2,500
1.25
4.8
3,000
1.50
5.4
3,500
1.75
6.0
4,000
2.00
6.5
5,000
2.50
7.6
6,000
3.00
8.6
7,000
3.50
9.5
8,000
4.00
10.4
9,000
4.50
11.2
10,000
5.00
12.0
12,000
6.00
13.6
16,000
8.00
16.5
18,000
9.00
17.9
20,000
10.00
19.2
30,000
15.00
25.2
40,000
20.00
30.5
50,000
25.00
35.4
60,000
30.00
40.0
70,000
35.00
41.3
80,000
40.00
42.5
90,000
45.00
43.6
100,000
50.00
44.6
120,000
60.00
46.3
140,000
70.00
47.0
160,000
80.00
49.0
200,000
100.00
51.2
1,000,000
500.00
69.0
2,000,000
1,000.00
77.6
6,000,000
3,000.00
92.7
C. 
Blast furnaces. Subsection B(4) hereof shall not apply when, during irregular movements of the furnace burden, it becomes necessary to open the automatic relief valve at the top of the furnace for safe operation, provided that all such furnaces shall be equipped with devices which present a graphic record of the time and duration of all such irregular movements of the burden and of the time and duration of all openings of the automatic relief valves. Such information shall be submitted to the Board upon request.
A. 
The amounts of sulfur compounds which can be emitted into the open air from any fuel-burning or combustion equipment or process or process equipment are set forth in this section and in § 180-9.
B. 
In any air basin, when either a single source or multiple sources cause the concentrations in the ambient air to exceed the standards set forth by the Commonwealth Department of Environmental Protection Air Pollution Commission, the Air Pollution Control Board shall determine the source or sources and their effect upon the ambient air quality of the air basin as well as the effectiveness of the control methods employed at each contributing source. Based upon this study, if the Board determines that the source which causes the air quality standards to be exceeded is:
(1) 
Located within the Borough, the Air Pollution Control Board shall order the institution of additional control measures as required at each contributing source to meet the ambient air quality requirements set forth in such standards; or
(2) 
Located outside the Borough, the Board shall notify the County Board of Health, which shall request the cooperation of the Pennsylvania Department of Environmental Protection to take the necessary action to meet the ambient air quality requirements set forth in such standards.
C. 
All fuel-burning or combustion installations are limited to an emission of not greater than 2.5 pounds of sulfur dioxide per 1,000,000 BTU of heat input to the equipment.
D. 
No person shall cause, suffer or allow the emission into the ambient air of process or process equipment gases containing more than 1,250 parts per 1,000,000 by volume of sulfur dioxide from any existing source or 500 parts per million by volume of sulfur dioxide from any new source; except that, in the case of existing sulfuric acid plants, the limitation shall be 2,000 parts per 1,000,000 by volume of sulfur dioxide.
A. 
Coke plants.
(1) 
When charging or pushing a battery of coke ovens, air contaminants may be emitted of an appearance, density or shade which exceeds No. 2 of the Ringelmann Chart or an equivalent opacity for a period not to exceed eight minutes in any sixty-minute period.
(2) 
The water utilized for the quenching of coke, prior to use as a quenching agent, shall be of a quality as may be discharged into the nearest stream or river in accordance with the acts of the commonwealth.
(3) 
During charging and pushing operations, all reasonable precautions shall be taken to eliminate the emission of air contaminants into the open air. Such precautions shall include, but are not limited to, the prompt replacement of the involved closures immediately following the conclusion of the operation, alignment of all closures to prevent leakage, and sealing of all openings.
(4) 
All quenching towers shall be equipped with interior baffles.
B. 
Hydrogen sulfide. The water-quenching of slag at all slag handling locations or processing operations is prohibited unless the water-quenching of slag is performed under conditions which prevent the discharge of all hydrogen sulfide or other air contaminants into the open air.
C. 
Windborne pollutants. No person shall cause, suffer or allow the handling, transporting or disposition of any substance or material which is likely to be scattered by the wind or is susceptible to being windborne. No person shall operate, maintain or cause to be operated or maintained any premises, open area, right-of-way, storage pile of materials, vehicle, construction, alteration, demolition or wrecking operation or any other enterprise that involves any material or substance likely to be scattered by the wind or susceptible to being windborne without taking precautions or measures to control atmosphere pollution. No person shall maintain, conduct or cause to be maintained or conducted any parking lot or automobile and/or truck sales lot or cause or permit the use of any roadway under his control unless such lot or roadway is maintained in such manner as to minimize air pollution.
A. 
In general.
(1) 
This section shall apply to any incinerator used to dispose of refuse or other wastes by burning and to the processing of salvageable material by burning. As used in this section, the word "refuse" includes, but is not limited to, garbage, rubbish, trade wastes, leaves, salvageable material, agricultural wastes and other wastes.
(2) 
The burning capacity of an incinerator shall be the manufacturer's or designer's guaranteed maximum rate or such other rate as may be determined by the Air Pollution Control Board in accordance with good engineering practice. In case of conflict, the Board's determination shall govern.
(3) 
No residential or commercial single-chamber incinerator shall be used for the burning of refuse for a period in excess of 18 months after the effective date of this chapter (Ordinance No. 663, adopted December 7, 1970), provided that this section shall not exempt any person from being held in violation of any provision of this chapter during this eighteen-month period. Notwithstanding the preceding sentence, the Board may approve any other type of existing incinerator if it is found that the emissions are not greater than those allowed in this chapter.
(4) 
All new incinerators shall be multiple-chamber incinerators, provided that the Board may approve any other type of incinerator if it finds that the emissions do not exceed those allowed in this chapter. All new incinerators shall contain appropriate smoke density meters and carbon dioxide recorder instrumentation.
(5) 
No person shall operate or cause or permit the operation of any incinerator at any time other than between the hours of 10:00 a.m. and 4:00 p.m. This restriction shall not apply to incinerators having a refuse-burning capacity of five tons per hour or more.
B. 
Limitations.
(1) 
No person shall cause, suffer or allow to be emitted into the open air from any incinerator air contaminants, the appearance, density or shade of which exceeds No. 1 of the Ringelmann Chart or an equivalent opacity.
(2) 
No person shall cause, suffer or allow to be emitted into the atmosphere from any incinerator or to pass a convenient measuring point near the stack outlet fly ash in the gases to exceed 0.125 pounds per 100 pounds per hour of rated capacity, except that, for incinerators rated at four tons per hour or greater, the emission shall not exceed those shown in the following table:
Tons per Hour
Pounds per Hour
4
10.0
8
15.0
12
20.0
18
27.0
24
33.0
32
40.0
40
48.0
A. 
No person shall operate or use any device, machine, equipment or other contrivance for the reduction of animal matter unless all gases, vapors and gas-entrained effluents from such facility are incinerated at a temperature of 1,600° F. for a period of not less than 0.5 second, or processed in such a manner as determined by the Air Pollution Control Board to be equally or more effective for the purpose of air pollution control.
B. 
Effective devices and measures shall be installed and operated in a manner such that no vent, exhaust pipe, blowoff pipe or opening of any kind shall discharge into the open air or atmosphere any odorous matter, air contaminants, dusts or any combination thereof which creates odors or other nuisances.
C. 
Odor-producing materials shall be confined and handled in a manner such that odors produced within or outside the plant from such materials are controlled. Accumulation of odor-producing materials resulting from spillage or other means is prohibited.
D. 
Odor-bearing air contaminants arising from materials in process shall be confined at the point of origin so as to prevent liberation of odorous matter into the workroom, and the confined air contaminants shall be treated before discharge into the atmosphere as required in Subsection B hereof.
E. 
Whenever air contaminants escape from a building used for processing, handling or storage of animal matter in such a manner and amount as to cause a nuisance or to violate this section, the Board shall order that such building be tightly closed and ventilated in such a way that all air contaminants are treated by incinerator or other means effective for their removal or destruction before discharge into the open air.
A. 
In general.
(1) 
The provisions of this section shall apply to trucks, buses, automobiles, locomotives, boats and other vehicles.
(2) 
The Air Pollution Control Board shall report to Council periodically relative to the problem of air pollution from all highway motor vehicles and the current technological progress and scientific research dealing with effective means of reducing or controlling such pollution.
(3) 
This section shall not apply when the presence of uncombined water is the only reason for the failure of an emission to meet the requirements of this section.
B. 
Limitations. No person shall cause, suffer or allow visible emissions from motor vehicles or from internal combustion engines of:
(1) 
Portable or stationary equipment for longer than 10 consecutive seconds;
(2) 
A motor vehicle while the vehicle is stationary for longer than 10 seconds; or
(3) 
A motor vehicle after the vehicle has moved more than 100 yards from a place where the vehicle was stationary.
C. 
Exceptions. The following exceptions to the provisions of this section shall be permitted:
(1) 
Immediately after starting the engine of a diesel locomotive, boat or other vehicle, air contaminants may be emitted of an appearance, density or shade in excess of No. 2 of the Ringelmann Chart, or of an equivalent opacity, but less than No. 3 of such chart, or an equivalent opacity, for a period or periods aggregating not more than four minutes during the first fifteen-minute period.
(2) 
Immediately after starting the steam generator on a diesel locomotive, air contaminants may be emitted of an appearance, density or shade in excess of No. 2 of the Ringelmann Chart, or of an equivalent opacity, but less than of No. 3 of such chart, or an equivalent opacity, for a period aggregating not more than two minutes, but not thereafter.
(3) 
After a diesel locomotive, boat or other vehicle is ready for service or in service, air contaminants may be emitted of an appearance, density or shade in excess of No. 2 of the Ringelmann Chart, or of an equivalent opacity, but less than No. 3 of such chart, or an equivalent opacity, for not to exceed one minute at each startup.
A. 
Open fires are hereby prohibited in the Borough except for recreational purposes or where approval is granted by the Air Pollution Control Board.
B. 
In the case of an open fire connected with refuse from a coal mine, coal preparation plant or other coal mining or coal processing operation, in the event that the owner fails to do so, the Board shall request the assistance of the Pennsylvania Department of Environmental Protection, the Bureau of Mines and Quarries, in extinguishing such open fire.
A. 
No person shall cause, suffer or allow air contaminants to escape into the open air in such amounts as to be objectionable or offensive to the public or cause annoyance, discomfort or injury or be a health hazard.
B. 
Any violation of any specific section of this chapter shall constitute a nuisance.
A. 
In the case of a shutdown of air pollution control equipment for necessary scheduled maintenance, the intent to shut down such equipment shall be reported to the Air Pollution Control Board at least 24 hours prior to the planned shutdown. Such prior notice shall include, but is not limited to, the following:
(1) 
Identification of the specific facility to be taken out of service as well as its location and permit number;
(2) 
The expected length of time that the air pollution control equipment will be out of service;
(3) 
The nature and quantity of emissions of air contaminants likely to occur during the shutdown period;
(4) 
Measures such as the use of off-shift labor and equipment that will be taken to minimize the length of the shutdown period; and
(5) 
The reasons that it would be impossible or impractical to shut down the source operation during the maintenance period.
B. 
In the event that any air pollution control equipment or related facility breaks down in such a manner as to cause the emission of air contaminants in violation of this chapter, the person responsible for such equipment shall immediately notify the Board of such failure or breakdown and provide a statement giving all pertinent facts, including the estimated duration of the breakdown. The Board shall be notified when the condition causing the failure or breakdown has been corrected and the equipment is again in operation.
C. 
Failure to report a shutdown for scheduled maintenance or a breakdown, as required in Subsections A and B hereof, shall constitute a violation of this section. Immunity from prosecution for scheduled maintenance or breakdown shall be at the discretion of the Board.
A. 
If there is reasonable cause to believe that any equipment or process is in violation of any provision of this chapter, the Air Pollution Control Board may conduct such tests or may order the owner or lessee of the equipment or process or his agent to conduct and complete, within a specified period of time, such tests as the Board deems necessary or desirable to determine whether or not the equipment or process is in violation, and to submit the test results to the Board within 10 days after the tests have been completed.
B. 
The responsibility for providing adequate openings, scaffolds and other conditions pertinent to equipment and stack tests shall rest upon the owner of the premises.
C. 
The owner or his authorized representative shall notify the Board of the time and place of a test at least five days before the commencement of a test. Reasonable facilities shall be made available for representatives of the Board to witness the tests at the time they are made.
D. 
All tests shall be made and the results calculated in accordance with approved test procedures. Approved test procedures are shown in Appendix I following this chapter. All tests shall be made under the direction of persons qualified by training and/or experience in the field of air pollution control. If the Board is not satisfied with these tests, it may request that new tests be made under the direction of one or more of the following qualified professionals and that the results thereof be certified by him:
(1) 
A registered professional engineer;
(2) 
A professional chemist accredited by the American Institute of Chemists; or
(3) 
An industrial hygienist certified by the American Board of Industrial Hygiene.
Any person who operates or intends to operate an actual or potential source of air pollution, as determined by this chapter, shall furnish pertinent available information on the actual or potential extent and nature of emissions from such sources into the open air of the Borough. Any modification proposed to be made to such source shall be reported to the Air Pollution Control Board prior to implementation.
A. 
In general.
(1) 
This section shall apply to the issuance of permits and the charging of fees for:
(a) 
All types of fuel-burning and combustion equipment or process and process equipment except domestic installations;
(b) 
The sale, delivery or distribution of solid fuel; and
(c) 
Open burning.
(2) 
Installation permits, operating permits, periodic inspection certificates, open burning permits and solid fuel dealers' licenses shall be displayed in a conspicuous location and suitably protected against damage.
(3) 
When it becomes necessary for maintenance purposes to perform work or replace parts on any equipment which does not change the capacity of such equipment or adversely affect the emission of air contaminants therefrom, such work may be performed without obtaining an installation permit.
(4) 
It shall be the duty of the owner of any fuel-burning and combustion equipment or process or process equipment coming under the jurisdiction of this section to report to the Air Pollution Control Board within 30 days the permanent discontinuance or dismantlement of such equipment.
(5) 
The approval of plans and specifications or the issuance of an installation or operating permit or inspection certificate by the Board shall not be held to exempt the owner of the premises from prosecution for violation of any of the provisions of this chapter.
(6) 
Plans and specifications are not required for domestic heating plants or domestic refuse-burning equipment. However, plans and specifications are required for domestic incinerators.
B. 
Installation permits.
(1) 
No person shall construct, install, alter or operate any fuel-burning or combustion equipment rated at 150,000 BTU per hour or more input capacity, or any process or process equipment, or any equipment pertaining thereto, for use within the Borough until he or his authorized representative has:
(a) 
Filed, in duplicate, an application for installation and operating permits on forms supplied by the Board;
(b) 
Submitted supporting plans and specifications for the fuel-burning and combustion equipment or processes or process equipment, stack, structure, building or portion of a building used functionally therewith, which plans and specifications submitted as part of an application shall conform to the following requirements:
[1] 
Plans shall be of professional quality and shall clearly show, in adequate detail, the proposed arrangement, location and size of all fuel-burning and combustion equipment or processes or process equipment or devices, including fresh air supply ducts, piping, valves, breeching, stacks and chimneys, and shall show plan and elevation cross sections of the fuel-burning and combustion equipment or processes or process equipment and construction thereof.
[2] 
Separate specifications shall be filed with each set of plans.
[3] 
Specifications shall be in sufficient detail to clearly reveal, when read in conjunction with the plans, the proposed means for the control of the emission of air contaminants to the open air and the extent of such control anticipated in the design of the control equipment, together with such conforming and supporting data as the Board may require. The specifications shall include a statement showing the calculated heating, power, process or other loads on and the capacity of the equipment and the type and quality of fuel used, if any.
(c) 
Provided such other pertinent data and information as may be requested by the Board.
(2) 
The Board shall approve or reject the application within 10 days after it has been filed and after the fee as provided in Subsection B(5) hereof has been paid.
(a) 
Before an installation permit is granted, the Board shall require the person to make reasonable provision for facilities necessary for sampling and testing purposes in order to secure information that will disclose the nature and degree of air contaminants that may be emitted from the fuel-burning and combustion equipment or processes or process equipment or device. If construction, installation or alteration is not started within one year from the date of the installation permit and diligently pursued thereafter, the permit shall become void and all fees forfeited, unless an extension of time is secured, in writing, from the Board.
(b) 
The application may be rejected by the Board if:
[1] 
The proposed construction, installation or alteration or the expected emission of air contaminants does not meet the provisions of this chapter; or
[2] 
The Board determines that any additional emissions into the ambient air of the air basin would cause those air quality standards adopted by the Commonwealth Department of Environmental Protection Air Pollution Commission to be exceeded.
(3) 
If any installation, or part thereof, of any fuel-burning, combustion and refuse-burning equipment, or process equipment pertaining thereto, does not conform to the installation permit issued, the Board is hereby authorized to stop all work on the installation in question and to seal the installation in question. Further use of such fuel-burning or combustion equipment shall not proceed until the Board is assured that the violation in question is corrected, and that the work will proceed in accordance with the installation permit. Such work shall not proceed until authority to do so is secured in writing from the Board. A separate offense shall be deemed committed each day that work of such construction, installation or alteration continues in violation of the provisions of this section.
(4) 
Upon failure of the owner or his authorized representative to make such application and to obtain the required permits as provided in Subsection B(1) hereof, it shall be the duty of the Board to seal such equipment forthwith and to stop all work on the installation until the requirements of this chapter have been met.
(5) 
Fees, payable in advance, for the issuance of installation permits for all incinerators and domestic fuel-burning equipment, for the examination of plans and specifications for fuel-burning and combustion equipment or processes or process equipment and appurtenances thereto (other than domestic), for the issuance of installation and operating permits, for the examination of applications as may be necessary, and for the issuance of an operating permit shall be as established by the Borough Council by resolution, based on the following characteristics:[1]
(a) 
Domestic. All domestic incinerators and domestic fuel-burning equipment rated at 150,000 BTU per hour input or more.
(b) 
Nondomestic. All other incinerators and fuel-burning equipment, other than domestic, having the following rated input capacities:
[1] 
One hundred fifty thousand BTU per hour up to and including 2,000,000 BTU per hour.
[2] 
Two million and one BTU per hour up to and including 10,000,000 BTU per hour.
[3] 
Over 10,000,000 BTU per hour.
(c) 
Process weight.
[1] 
Less than 100 pounds per hour.
[2] 
One hundred tons per hour.
[3] 
One hundred tons per hour up to and including 200 tons per hour.
[4] 
Over 200 tons per hour.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Operating permits.
(1) 
After completion of such construction, installation or alteration, the Board shall be notified.
(2) 
If upon inspection it is found that the construction, installation or alteration is in conformity with the application, plans and specifications, and the tests, if required, indicate that the construction, installation or alteration complies with all the provisions of this chapter, the Board shall issue an operating permit forthwith.
(3) 
If upon inspection it is found that the construction, installation or alteration is not in conformity with the application, plans and specifications, or if tests, as required, indicate that the construction, installation or alteration does not comply with all the provisions of this chapter, the Board shall seal the equipment forthwith. The seal shall remain intact and the equipment shall not be placed in service until all provisions of the approved application have been met.
D. 
Periodic inspection certificates.
(1) 
All fuel-burning and combustion equipment or processes or process equipment except domestic shall be inspected periodically by the Board.
(a) 
In the event that the equipment is found to be in an approved condition, the Board shall issue a periodic inspection certificate granting permission to continue operation of the equipment.
(b) 
If for any reason the condition is such that the equipment cannot be approved, the person responsible for the premises shall be so notified, in writing, together with the reasons for disapproval and the date by which the condition must be corrected. If the condition is not corrected on or before such date, the Board may seal the equipment until the condition which was the cause of the disapproval has been corrected.
(2) 
At the time of each inspection, the person responsible for the premises shall inform the Board, on forms supplied by it, of the average amount of fuel consumed and the operating days for each month of the previous year for each piece of fuel-burning equipment.
E. 
Solid fuel permits. This subsection shall apply to all persons who sell, deliver or distribute solid fuel for use in the Borough.
(1) 
No person shall sell, deliver or distribute solid fuel for use in the Borough until he has obtained a solid fuel dealer's license. Applications for the license required hereunder shall be made on a form prescribed by the Board. The Board shall act upon the application within 30 days after it has been filed and after the proper fee, as provided for in Subsection B(5) hereof, has been paid. Upon approval by the Board, the license shall be issued forthwith. The person holding such license shall be responsible for any fuel transported in any vehicle in violation of this chapter.
(2) 
All solid fuels sold, delivered or distributed for use in the Borough shall be in conformity with the directives issued by the Board.
(3) 
The person holding a dealer's license shall display it upon his vehicle or vehicles used in the transportation, delivery or distribution of solid fuels, in a manner and form prescribed by the Board.
(4) 
The Board, upon proper identification, may detain and inspect any vehicle used on a public highway for the sale, delivery or distribution of solid fuel, which vehicle is at a stop, and may examine the fuel and ascertain its destination and other pertinent information by examination of the weigh slips or otherwise.
(5) 
Fees for a solid fuel dealer's license shall be as established by the Borough Council by resolution and required for the following:[2]
(a) 
Fuel peddler, meaning any person who lawfully stores, distributes, advertises, sells, offers for sale or delivers solid fuel in quantities of less than 1,000 pounds in bag, basket or bushel measures, and who operates only one vehicle per year;
(b) 
All other persons operating one or more vehicles per year; and
(c) 
Each additional vehicle per year.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Open burning permits.
(1) 
It is the policy of the Board not to issue open burning permits unless the applicant can furnish documented evidence that alternate methods of disposal are unavailable or impractical. Such alternate methods may include, but are not limited to:
(a) 
Incineration in an approved permanent, temporary or portable incinerator;
(b) 
Sanitary landfill; or
(c) 
Burial on site.
(2) 
When it has been shown that alternate methods of disposal are unavailable or impractical, an open burning permit may be issued by the Board in accordance with Board directives. Fees for such open burning permits shall be per day per fire as established by Borough Council by resolution.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Requests for open burning permits for periods in excess of 30 days will not be considered by the Board.
Any record or other information furnished to the Air Pollution Control Board concerning one or more air contaminant sources shall be only for the confidential use of the Board in the administration of this chapter, unless the person furnishing such information expressly agrees to their publication or availability to the general public. Nothing herein shall be construed to prevent the use of such records or information by the Board in any recognized court of law in the enforcement of this chapter or in compiling or publishing analyses or summaries relating to the general condition of the ambient atmosphere, provided that such analyses or summaries do not identify, directly or indirectly, any person or reveal any information otherwise confidential under this section.
A. 
In the performance of its duties, the Air Pollution Control Board may enter any premises by contacting the person in charge or his designated representative where the Board has reason to believe that air contaminants have been or are being emitted, or equipment, operations or processes exist or are being constructed that the Board has reason to believe are or will be an air contaminant source, or for which the required permits have not been obtained. The Board may inspect the premises and all devices, contrivances, processes or operations thereon and the records, charts, readings and data associated with such processes or operations thereon and the records, charts, readings and data associated with such processes or operations relevant to the emission of air contaminants.
B. 
No person shall refuse entry or access to the Board, nor shall any person obstruct, hamper or interfere with the Board in its official duty.
The Air Pollution Control Board shall have the authority to install or order any person or owner to install monitoring equipment or devices at the expense of such person or owner on any premises in order to determine the quantity and quality of air contaminants emitted into the open air.
A. 
Issuance of notice or order.
(1) 
Whenever a notice or order is given under any provision of this chapter, the Air Pollution Control Board shall give such notice or order in the manner provided in this section.
(2) 
The notice or order shall:
(a) 
Be in writing;
(b) 
Include a statement of the reasons why it is being issued;
(c) 
Specify a reasonable time for performance of any act it requires; and
(d) 
Inform the person responsible for compliance of his right to appeal for a hearing as provided in this chapter.
(3) 
The notice or order shall be served upon the person responsible:
(a) 
By handing him a copy personally;
(b) 
By handing a copy to persons designated in Rule 1009 (b) (2) of the Rules of Civil Procedure promulgated by the Supreme Court of Pennsylvania; or, if service cannot be accomplished in this manner;
(c) 
By sending a copy to his last known address, by registered or certified mail, postage prepaid, accompanied by a request for a return receipt; or, if service cannot be accomplished in this manner;
(d) 
By posting a copy in a conspicuous place in or about the premises.
B. 
Emergency orders. Whenever the Board determines that an emergency exists that necessitates immediate action to protect the health, safety or welfare of the public, it shall, without prior notice, issue a written order reciting the existence of the emergency and requiring whatever action it deems advisable to meet the emergency. Notwithstanding other provisions of this chapter, the emergency order shall be effective upon service and shall be complied with immediately.
C. 
Hearing. Any person or owner who is aggrieved by a notice or order from the Board may request and shall be granted a hearing. The person requesting a hearing shall, within 10 days from the date the notice was served, file in the office of the Chairman a petition for a hearing on forms provided by the Board. A time and place for the hearing shall be set, and the petitioner shall be given written notice thereof. This provision shall not apply to § 180-5 and Subsection B hereof.
A. 
In addition to any other remedy provided for in this chapter, the Air Pollution Control Board may request Council to petition the Centre County Court of Common Pleas for an injunction to restrain a violation of any provision of this chapter.
B. 
The penalties and remedies prescribed by this chapter shall be deemed concurrent, and the existence or exercise of any remedy shall not prevent the Board from exercising any other remedy hereunder at law or in equity.
Nothing in this chapter shall be construed as impairing any right or remedy now or hereafter existing in equity or under common or statutory law to abate private or public nuisances. No court having jurisdiction to abate any private or public nuisance shall be deprived of such jurisdiction for the reason that such nuisance constitutes air pollution.
A. 
Whoever violates or fails to comply with any of the provisions of this chapter or any rule or regulation of the Commonwealth relating to air pollution, or interferes with the Air Pollution Control Board in the discharge of its official duties, shall be punished as provided in Chapter 1, General provisions, Article III, of this Code. All prosecutions shall be brought in the name of the Borough.
B. 
Whenever any Act of the General Assembly of the Commonwealth provides a penalty for a violation of any rule or regulation promulgated under the Act of August 24, 1951 (the Local Health Administration Law), P.L. 1304, as amended,[1] other than as provided in this section, such Act shall immediately become effective with respect to this chapter.
[1]
Editor's Note: See 16 P.S. § 12001 et seq.