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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.