[HISTORY: Adopted by the Board of Supervisors of the Township
of Marlborough 9-9-2015 by Ord. No. 2015-06.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 271,
Wood-Fired Boilers, Outdoor, adopted 11-14-2012 by Ord. No. 2012-02.
This chapter shall be known and may be cited as the "Marlborough
Township Outdoor Wood-Fired Boiler Ordinance."
A.
It is hereby declared to be the policy of Marlborough Township to
safeguard the citizens of Marlborough Township from such air pollution
under the police powers granted pursuant to the Second Class Township
Code.
B.
The Pennsylvania Department of Environmental Protection has determined
that air pollution from outdoor wood-fired boilers may be detrimental
to the health, comfort, living conditions, safety, and welfare of
the citizens of the commonwealth.
This chapter applies to the installation and use of all outdoor
wood-fired boilers within Marlborough Township.
The following words, terms, and phrases, when used in this chapter,
unless the context clearly indicates otherwise, shall have the following
meanings:
The Air Pollution Control Act, 35 P.S. § 4001 et
seq.
The amount of thermal energy necessary to raise the temperature
of one pound of pure liquid water by 1° F. at the temperature
at which water has its greatest density (39° F.).
Natural wood that has no paint, stains, or other types of
coatings, and natural wood that has not been treated with preservatives
or chemicals, including, but not limited to, copper, chromium arsenate,
creosote, or pentachlorophenol.
The United States Environmental Protection Agency.
A Phase 2 outdoor wood-fired boiler that is installed on
or after the effective date of this chapter.
An outdoor wood-fired boiler that has not been certified
or qualified by the EPA as meeting a particulate matter emission limit
of 0.32 pounds per million BTU output.
A fuel-burning device designed:
To burn clean wood or other approved solid fuels;
By the manufacturer specifically for outdoor installation or
installation in structures not normally intended for habitation by
humans or domestic animals (e.g., a garage); and
To heat building space and/or water via distribution, typically
through pipes, of a fluid heated in the device, such as water or a
water/antifreeze mixture.
Outdoor wood-fired boilers are also known as "outdoor wood furnaces,"
"outdoor wood-burning appliances," "outdoor hydronic heaters," and
"outdoor solid-fuel-fired boilers," among other similar devices.
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau, or agency of the commonwealth, the federal
government, a political subdivision, municipality, district, authority,
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
An outdoor wood-fired boiler that has been certified or qualified
by the Environmental Protection Agency as meeting a particulate matter
emission limit of 0.32 pounds per million BTU output and is labeled
accordingly.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from an outdoor wood-fired boiler.
On or after the effective date of this chapter, an outdoor wood-fired
boiler shall be installed, used and/or operated in Marlborough Township
in accordance with the following provisions:
A.
No person may install an outdoor wood-fired boiler unless, at a minimum,
it is a Phase 2 outdoor wood-fired boiler or current EPA model standard.
B.
A non-Phase-2 outdoor wood-fired boiler that is installed and in
use before the effective date of this chapter may continue in use
by the original or present property owner.
C.
All outdoor wood-fired boilers shall be operated for the sole purpose
of furnishing heat and/or hot water to a principal or accessory structure.
D.
All outdoor wood-fired boilers and their stacks shall be located
a minimum of 100 feet from all property lines.
E.
The use of an outdoor wood-fired boiler shall be prohibited between
May 15 and September 15. The outdoor wood-fired boiler's fire
box shall be cleaned and sealed for the duration of this time period.
F.
All outdoor wood-fired boilers must have a permanent stack installed
to manufacturer's specifications. The stack must also meet the
following height requirements:
G.
No person that operates a new or existing outdoor wood-fired boiler
may use a fuel other than:
(1)
Clean wood.
(2)
Wood pellets made from clean wood.
(3)
Home heating oil, natural gas, propane, or fuel which complies with
all applicable sulfur limits and is used as a starter or supplemental
fuel for dual-fired outdoor wood-fired boilers.
(4)
Other types of fuel approved in writing by the Department of Environmental
Protection upon receipt of a written request.
H.
No person may burn any of the following items in an outdoor wood-fired
boiler:
(2)
Treated or painted wood.
(3)
Furniture.
(4)
Garbage.
(5)
Tires.
(6)
Lawn clippings or yard waste.
(7)
Material containing plastic.
(8)
Material containing rubber.
(9)
Waste petroleum products.
(10)
Paints and paint thinners.
(11)
Chemicals.
(12)
Any hazardous waste.
(13)
Coal.
(14)
Glossy colored paper.
(15)
Construction and demolition debris.
(16)
Plywood.
(17)
Particleboard.
(18)
Saltwater driftwood.
(19)
Manure.
(20)
Animal carcasses.
(21)
Asphalt products.
(22)
Newspapers.
I.
The disposal of ash or any other waste material produced by the operation
of an outdoor wood-fired boiler must be done in a responsible and
safe manner in accordance with manufacturer's recommendations
and within the owner's property where the boiler is installed,
in use, and operating.
J.
No person may use or operate a new or existing outdoor wood-fired
boiler unless it complies with all applicable federal, state, county,
and local laws and regulations, as amended, including, but not limited
to:
(1)
25 Pa. Code § 121.7, Prohibition of Air Pollution.
(2)
25 Pa. Code § 123.1, Fugitive Emissions.
(3)
25 Pa. Code § 123.31, Odor Emissions.
(4)
25 Pa. Code § 123.41, Visible Emissions.
(5)
Section 8 of the APCA, 35 P.S. § 4008, Unlawful Conduct.
(6)
Section 13 of the APCA, 35 P.S. § 4012, Public Nuisances.
A.
Permits. A permit shall be secured from the designated Code Enforcement
Officer prior to the installation, structural repair, alteration and
relocation of any outdoor wood-fired boiler within the Township. For
purposes of obtaining a permit, the applicant shall make application
in writing and shall submit the following:
(1)
Name and address of the owner.
(2)
Name and address of the applicant.
(3)
A plot plan showing the location of the lot, building, and proposed
outdoor wood-fired boiler in relation to each public right-of-way,
building, and driveway. The plot plan shall indicate all existing
structures on the property where the wood-fired boiler is proposed,
as well as all residences on abutting properties (including properties
across public and private roads) within 100 feet of the proposed wood-fired
boiler.
(4)
Construction plans, including all pertinent engineering data.
B.
Fees and deposits. Permit fees and escrow deposit amounts, as required
herein, shall be set by resolution of the Township.
C.
In the event that the outdoor wood-fired boiler is damaged more than
50% or physically deteriorated or decayed, the outdoor wood-fired
boiler must be removed and/or replaced with a new unit within 30 days
of the date that notice is received from the Township. In such event,
all provisions of this chapter, including but not limited to permitting
procedures, shall be complied with.
D.
Any person who has secured a permit to install an outdoor wood-fired
boiler consents to inspections by the Township Code Enforcement Officer
or any other person designated by the Township to inspect the outdoor
wood-fired boiler if a written complaint is filed relative to a claimed
violation of this chapter.
E.
The Township reserves the right to suspend the use of all outdoor
wood-fired boilers if weather conditions warrant, based upon air quality
warnings which may be issued by monitoring agencies.
F.
A person utilizing or maintaining an outdoor wood-fired boiler shall
be responsible for all fire-suppression costs and any other liability
resulting from damage caused by fire.
G.
Any existing noncomplying outdoor wood-fired boiler shall be removed,
replaced, or modified within a period of 60 days from the receipt
of a notice from the Code Enforcement Officer.
H.
Permits are not transferable. Upon the sale, conveyance or lease
of any real property, the permit shall be renewed after reapplication.
All outdoor wood-fired boilers not meeting applicable emissions, setback
or chimney height requirements shall be repaired, replaced, removed
or rendered permanently inoperable.
A.
A violation of this chapter or of any notice or order issued by Marlborough
Township under this chapter shall constitute a public nuisance. The
Township shall have the authority to order any person causing a public
nuisance to abate the public nuisance. In addition, when abating a
public nuisance, the Township may recover the expenses of abatement
following the process for assessment and collection of a civil penalty.
Whenever the nuisance is maintained or continued contrary to this
chapter or any notice or order issued pursuant to this chapter, the
nuisance may be abated in any manner provided by this chapter or as
provided by law. Any person who causes the public nuisance shall be
liable for the cost of abatement.
B.
It shall be unlawful to fail to comply with or cause to assist in
the violation of any of the provisions of this chapter; or to fail
to comply with any order, notice, or other requirement of the Township;
or to cause a public nuisance; or to hinder, obstruct, prevent, or
interfere with the Township or its personnel in their performance
of any duty hereunder, including denying the Code Enforcement Officer
access to the property on which the wood-fired boiler is located.
A.
The Code Enforcement Officer, or anyone designated by the Township,
is authorized to enforce this chapter.
B.
The Code Enforcement Officer, or other designated person, shall provide
notification of a violation of this chapter in writing to the person
responsible for the violation, indicating the nature of the violation
and the action necessary to correct it.
C.
If the violation is not corrected within 30 days, unless an extension
is approved in writing, the Code Enforcement Officer, or the designated
person, may order repair or removal of the outdoor wood-fired boiler
and its supporting structure judged dangerous, in disrepair, or in
violation of this chapter; and the Township may revoke the certificate
of compliance and/or seek penalties and injunctive relief.
Violation of any provision of this chapter or any order or notice
relating to this chapter shall be subject to a fine of not more than
$500 per offense, as determined by the Magisterial District Justice.
Each day the violation continues is a separate violation. In the event
that Marlborough Township incurs any expense in the enforcement of
this chapter, including but not limited to court costs and attorneys'
fees, the Township shall be entitled to collect such costs from the
violator. Any penalties or costs assessed shall be payable to Marlborough
Township.
Any person aggrieved may appeal to the Township within 15 days
of the date of mailing of the enforcement order or notice. However,
pending any such appeal, all operation and use of the wood-fired boiler
must cease. The Township has the authority to waive the standards
included in this chapter, provided that the regulations hereunder
are fully complied with and the safety of the public ensured.
