[Ord. 2010-02, 4/5/2010]
This Part may be cited and shall be known as the "Spring Township
Outdoor Wood-Fired Boilers Ordinance of 2010."
[Ord. 2010-02, 4/5/2010]
The Board of Supervisors of the Township of Spring, under, and
by virtue of and pursuant to the authority granted do hereby enact
and ordain this Part.
[Ord. 2010-02, 4/5/2010]
1.
Except as otherwise provided in § 10-307, this Part applies to the installation and use of all outdoor wood-fired boilers within Spring Township.
A.
This Part does not apply to grilling or cooking using charcoal, wood,
propane or natural gas in cooking or grilling appliances.
B.
This Part does not apply to burning in a stove, furnace, fireplace
or other heating device within a building used for human or animal
habitation.
C.
This Part does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
[Ord. 2010-02, 4/5/2010]
Whereas the Board of Supervisors of Spring Township has determined
that air pollution from outdoor wood-fired boilers may be a detriment
to the health, comfort, living conditions, welfare and safety of the
citizens of Spring Township, it is hereby declared to be the policy
of Spring Township to safeguard the citizens of Spring Township from
such air pollution.
[Ord. 2010-02, 4/5/2010]
The following words, terms and phrases, when used in this Part,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
Commonwealth of Air Pollution Control Act, 35 P.S. § 4001
et seq.
Natural wood that has no paint, stains, or other types of
coatings, and natural wood that has not been treated with chemicals
including, but not limited to, copper chromium arsenate, creosote
or pentachlorophenol.
United States Environmental Protection Agency.
Also known as outdoor wood-fired furnaces, outdoor wood-burning
appliances, outdoor hydronic heaters, water stoves, or other such
similar devices. A fuel burning device:
Designed to burn clean wood or other approved solid fuels.
That the manufacturer specifies for outdoor installation or
for installation in structures not normally intended for habitation
by humans or domestic animals, including structures such as garages
and sheds.
Which heats building space and/or water through the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a mixture of water and antifreeze.
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 or the Federal
government, 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 EPA as meeting a particulate matter emission limit of 0.32
pounds per million British Thermal Units output and is labeled accordingly.
Phase 2 outdoor wood-fired boiler models will be identified with a
white hang tag.
Person designated by the municipality to be responsible for
the administration and enforcement of this Part.
Any vertical structure that carries off smoke or exhaust
from a furnace.
[Ord. 2010-02, 4/5/2010]
1.
On or after the effective date of this Part, an outdoor wood-fired
boiler may be installed, used or operated in Spring Township only
in accordance with the following provisions:
A.
Zoning Requirements for New Outdoor Wood-Fired Boilers. No person
shall install an outdoor wood-fired boiler except on parcels of land
greater than three acres. No person shall install an outdoor wood-fired
boiler unless it is installed at least 150 feet from the nearest property
line.
B.
Particulate Standard Requirements for New Outdoor Wood-Fired Boilers.
No person shall install an outdoor wood-fired boiler that is not a
Phase 2 outdoor wood-fired boiler.
C.
Stack Height Requirements for New Outdoor Wood-Fired Boilers. No
person shall install an outdoor wood-fired boiler unless it has a
permanent attached stack with a minimum stack height of 10 feet above
the ground or at least two feet above the highest peak of any residence
located less than 150 feet from the outdoor wood-fired boiler.
D.
Fuel Requirements for New and Existing Outdoor Wood-Fired Boilers.
No person that operates a new or existing outdoor wood-fired boiler
shall use a fuel other than the following:
E.
Prohibited Fuels for New and Existing Outdoor Wood-Fired Boilers.
No person shall burn any of the following items in an outdoor wood-fired
boiler:
(2)
Treated or painted wood.
(3)
Furniture.
(4)
Garbage, trash or recyclable materials.
(5)
Tires.
(6)
Lawn clippings or yard waste.
(7)
Materials containing plastic or rubber.
(8)
Waste petroleum products.
(9)
Paints and paint thinner.
(10)
Chemicals.
(11)
Any hazardous waste.
(12)
Coal.
(13)
Glossy colored paper.
(14)
Construction and demolition debris.
(15)
Plywood.
(16)
Particleboard.
(17)
Salt water driftwood.
(18)
Manure.
(19)
Animal carcasses.
(20)
Asphalt products.
F.
Prohibition of Operation for New and Existing Outdoor Wood-Fired
Boilers. No person shall use or operate a new or existing outdoor
wood-fired boiler between the dates of May 1 and September 30.
G.
Regulatory Requirements for New and Existing Outdoor Wood-Fired Boilers.
No person shall use or operate a new or existing outdoor wood-fired
boiler unless it complies with all applicable State and local regulations.
Some regulations of the Commonwealth of Pennsylvania that may apply
include:
(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. § 4013, Public Nuisances.
[Ord. 2010-02, 4/5/2010]
No person shall use or operate a new outdoor wood-fired boiler
unless a building permit is obtained from the responsible official.
Property owner or authorized agent must obtain a building permit for
a new outdoor wood-fired boiler prior to installation with all applicable
fees established by Spring Township resolution. Certification of compliance
with Phase 2 outdoor wood-fired boiler standards shall be submitted
with application. A site plan and other information shall accompany
the application as required by the responsible official.
[Ord. 2010-02, 4/5/2010]
[Ord. 2010-02, 4/5/2010]
Any person, firm or corporation who shall violate any provisions
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
