[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.]
The short title of this chapter shall be "The Borough of Bellefonte
Air Pollution Control Ordinance of 1970."
As used in this chapter:
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.
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.
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.
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.
The boundaries of areas within the Borough as specified by
the Board.
The air surrounding residents of the Borough as distinct
from air contaminants emitted from a specific source.
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.
Includes cinders, fly ash or any other solid materials remaining
after combustion, and may include unburned combustibles.
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.
The Air Pollution Control Board and its duly authorized agents.
The members of the Centre County Board of Health.
The Borough of Bellefonte.
A passageway leading from a furnace to its 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.
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.
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.
The County of Centre, Pennsylvania.
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.
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.
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.
Any device for separating dust from the air or gas medium
in which it is carried.
The opacity which obscures vision to a degree equal to or
greater than smoke of an equivalent Ringelmann number.
Any duct, passage, stack, chimney or conduit through which
flue gases are emitted into the open air.
All gases which leave the combustion chamber by way of the
flue, including gaseous products of combustion, water vapor, excess
oxygen and nitrogen.
Solid particulate matter capable of being gasborne or airborne
and consisting essentially of fused ash and/or partially burned material.
Any form of combustible matter, whether solid, liquid, vapor
or gas, or combination thereof, intended for or used as a source of
heat.
Any person who sells or delivers solid fuel or fuel oil directly
to the consumer.
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.
Solid airborne particulate matter emitted from any source
other than a flue.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
A combustion device specifically designed for the destruction,
by burning, of solid, semisolid, liquid or gaseous combustible wastes.
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.
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.
That property of an air contaminant that affects the sense
of smell.
All spaces outside of buildings, chimneys, stacks or exterior
ducts.
Any fire from which the products of combustion are emitted
directly into the open air without passage through a stack or chimney.
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.
Material, other than uncombined water, which exists in a
finely divided form as a liquid or solid at standard atmospheric conditions.
The average hourly concentration of the indicated pollutant
times the number of hours constituting the indicated period.
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.
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.
Any real property.
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.
A rate established as follows:
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;
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.
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.
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.
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.
A heated process, such as rendering, cooking, drying, dehydrating,
digesting, evaporating and protein concentrating.
Garbage, rubbish and trade waste.
A device specifically designated for the combustion of waste
material.
A chart recommended by the United States Bureau of Mines
for grading the appearance, density or shade of smoke or other air
contaminants.
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.
Small gasborne particles resulting from incomplete combustion,
consisting predominantly, but not exclusively, of carbon and other
combustible material.
A measurement based on the reflectance properties of deposited
solid or liquid particles on a filter media.
Any material in its solid state capable of being consumed
by a combustion process.
Congealed particles consisting mainly of carbonaceous material.
The last operation preceding the emission of air contaminants
when this operation:
Any conduit, duct, vent, flue or opening of any kind arranged
to conduct flue gases to the atmosphere. It does not include breeching.
A gas temperature of 60° F. and a gas pressure of 29.92
inches of mercury absolute.
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.
The gaseous form of a substance normally in the liquid or
solid state.
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]
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.
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]
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.
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.
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:
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.
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:
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.
(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]
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.
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:
(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)
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.
(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.
