This chapter shall be known and may be cited as the "Marlborough
Township Outdoor Wood-Fired Boiler Ordinance."
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:
APCA
The Air Pollution Control Act, 35 P.S. § 4001 et
seq.
BTU (BRITISH THERMAL UNIT)
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.).
CLEAN WOOD
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.
EPA
The United States Environmental Protection Agency.
NON-PHASE-2 OUTDOOR WOOD-FIRED BOILER
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.
OUTDOOR WOOD-FIRED BOILERS
A.
A fuel-burning device designed:
(1)
To burn clean wood or other approved solid fuels;
(2)
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
(3)
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.
B.
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.
PERSON
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.
PHASE 2 OUTDOOR WOOD-FIRED BOILER
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.
STACK
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:
(1) Extend a minimum of 10 feet above the ground.
(2) Extend at least two feet above the highest peak of any residence
located within 100 feet of the outdoor wood-fired boiler.
G. No person that operates a new or existing outdoor wood-fired boiler
may use a fuel other than:
(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:
(1) Any material not specifically listed in Subsection
G of this section.
(6) Lawn clippings or yard waste.
(7) Material containing plastic.
(8) Material containing rubber.
(9) Waste petroleum products.
(10)
Paints and paint thinners.
(15)
Construction and demolition debris.
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.
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.