This chapter shall be known and may be cited as the Pine Grove
Borough Outdoor Wood-fired Boiler Ordinance of 2009.
The Council of the Borough of Pine Grove, under, and by virtue
of and pursuant to the authority granted by the Borough Code Act of
February 1, 1966, as amended does hereby enact and ordain this chapter.
Except as otherwise provided in §
182-6, this chapter applies to the installation and use of all outdoor wood-fired boilers within Pine Grove Borough.
A. This chapter does not apply to grilling or cooking using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
B. This chapter 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 chapter does not apply to the use of propane, acetylene, natural
gas, gasoline, or kerosene in a device intended for heating, construction
or maintenance activities.
D. This chapter does not apply to patio wood burning units.
The following words, terms, and phrases, when used in this chapter,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
APCA
Air Pollution Control Act.
CLEAN WOOD
Natural wood that has no paint, stains, or other types of
coatings, and natural wood that has not been treated with, including
but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.
EPA
United States Environmental Protection Agency.
MUNICIPALITY
A city, incorporated town, township, Borough, county, municipal
authority, or other public body created under State law having jurisdiction
over the disposal of sewage, industrial wastes, or other wastes.
OUTDOOR WOOD-FIRED BOILER
Also known as outdoor wood-fired furnaces, outdoor wood-burning
appliances, or outdoor hydronic heaters, water stoves, etc. A fuel-burning
device:
A.
Designed to burn clean wood or other approved solid fuels;
B.
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; and
C.
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.
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 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.
PHASE 2 OUTDOOR WOOD-FIRED BOILER
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.
RESPONSIBLE OFFICIAL
Person designated by the municipality to be responsible for
the administration and enforcement of this chapter.
STACK
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a furnace, especially that part of a structure
extending above a roof.
On or after November 12, 2009, an outdoor wood-fired boiler
may be installed, used or operated in the Borough of Pine Grove only
in accordance with the following provisions:
A. 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.
B. Setback requirements for new outdoor wood-fired boilers. No person
shall install an outdoor wood-fired boiler unless it is installed
at least 150 feet from the nearest property line.
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 that also extends at least two feet above the highest peak
of any residence located less than 150 feet from the outdoor wood-fired
boiler.
D. Stack height requirements for existing outdoor wood-fired boilers. No person shall use or operate an outdoor wood-fired boiler that was installed before November 12, 2009, unless it has a permanent attached stack with a minimum stack height of 10 feet above the ground that also extends at least two feet above the highest peak of any residence located less than 500 feet from the outdoor wood-fired boiler. However, if the existing outdoor wood-fired boiler is a Phase 2 outdoor wood-fired boiler, Subsection
C will apply.
E. 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:
(2) Wood pellets made from clean wood.
(3) Home heating oil, natural gas, propane or that complies with all
applicable sulfur limits and is used as a starter or supplemental
fuel for dual-fired outdoor wood-fired boilers.
F. 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:
(1) Any material not listed in Subsection
E.
(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.
G. 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.
H. 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 existing state and local regulations.
Some regulations of this commonwealth that could apply include:
(1) 25 Pa. Code § 121.7 - Prohibition of Air Pollution.
(2) 25 Pa. Code § 123.1 - Prohibition of Certain 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.
I. Permits for new and existing outdoor wood-fired boilers. No person
shall use or operate an outdoor wood-fired boiler unless a permit
is obtained from the responsible official. The permit must be obtained
by the owner of the property where the outdoor wood-fired boiler will
be located. The cost of the permit shall be $50. The penalty for not
obtaining a permit shall be $300. The Borough of Pine Grove maintains
the ability to suspend permits if weather conditions warrant. A violation
of permit conditions is a violation of this chapter. Any violation
of the chapter or permit conditions shall void the permit.
Any person who violates any provision of this chapter or any
order of the Borough of Pine Grove issued pursuant to this chapter
commits a summary offense and shall, upon conviction, be sentenced
to pay a fine of not less than $100 nor more than $2,500 for each
separate offense and, in default of the payment of such fine, may
be sentenced to imprisonment for 90 days for each separate offense.
Employees of the Borough of Pine Grove authorized to conduct inspections
or investigations are hereby declared to be law enforcement officers
authorized to issue or file citations for summary violations under
this chapter, and the Borough of Pine Grove counsel is hereby authorized
to prosecute these offenses. For purposes of this section, a summary
offense may be prosecuted before any Magisterial District Judge in
the Borough of Pine Grove. There is no accelerated rehabilitative
disposition authorized for a summary offense.
It shall be unlawful to fail to comply with or to cause or assist
in the violation of any of the provisions of this chapter or to fail
to comply with any order or other requirement of the Borough of Pine
Grove; or to cause a public nuisance; or to hinder, obstruct, prevent,
or interfere with the Borough of Pine Grove or its personnel in their
performance of any duty hereunder, including denying the Pine Grove
Borough Code Enforcement Officer access to the source or facility.
A violation of this chapter or of any order issued by the Borough of Pine Grove under this chapter shall constitute a public nuisance. The Borough of Pine Grove 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 Pine Grove Borough may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in §
182-10. Whenever the nuisance is maintained or continued contrary to this chapter or any order issued pursuant to this chapter, the nuisance may be abatable in the manner provided by this chapter. Any person who causes the public nuisance shall be liable for the cost of abatement.
All other ordinances or parts thereof which are in conflict
with this chapter are hereby repealed.
The provisions of this chapter are severable, and if any section,
clause, sentence, part, or provision thereof shall be held illegal,
invalid, or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, clauses, sentences, parts, or provisions of this chapter.
It is hereby declared to be the intent of the Pine Grove Borough Council
that this chapter would have been adopted if such illegal, invalid,
or unconstitutional section, clause, sentence, part, or provision
had not been included herein.
This chapter shall become effective on the 12th day of November,
2009.