[HISTORY: Adopted by the Borough Council of the Borough of Slippery Rock 6-5-2012 by Ord. No. 666. Amendments noted where applicable.]
Open burning — See Ch. 121.
This chapter shall be known and may be cited as the "Borough of Slippery Rock Outdoor Wood-Fired Boiler Ordinance."
The Council of the Borough of Slippery Rock, under and by virtue of and pursuant to the authority granted by the Borough Code, 8 Pa.C.S.A. § 101 et seq., does hereby enact and ordain this chapter.
This chapter applies to the installation and use of all outdoor wood-fired boilers within the Borough of Slippery Rock.
This chapter does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.
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.
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.
The Council of the Borough of Slippery Rock has determined that air pollution from outdoor wood-fired boilers may be detrimental to the health, comfort, living conditions, use and enjoyment of property, welfare, and safety of the citizens of the Borough. It is hereby declared to be the policy of the Borough to safeguard the citizens of the Borough from such nuisance.
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:
- 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.
- The governing body of the Borough of Slippery Rock.
- United States Environmental Protection Agency.
- 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. Specified by the manufacturer 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. Designed to heat 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.
- PHASE 2 OUTDOOR WOOD-FIRED BOILER
- An outdoor wood-fired boiler that has been certified or qualified by EPA as meeting a particulate matter emission limit of 0.32 pound per million British thermal units (BTU) output and is labeled accordingly. Phase 2 outdoor wood-fired boiler models are identified with a white hang tag.
- RESPONSIBLE OFFICIAL
- The person designated by the Borough Council to be responsible for the administration and enforcement of this chapter.
- Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a wood-fired boiler or furnace, especially that part of a structure extending above a roof.
On or after the effective date of this chapter, an outdoor wood-fired boiler may be installed, used or operated in the Borough of Slippery Rock only in accordance with the following provisions:
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.
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.
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.
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:
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:
Treated or painted wood.
Lawn clippings or yard waste.
Material containing plastic.
Material containing rubber.
Waste petroleum products.
Paints and paint thinners.
Any hazardous waste.
Glossy colored paper.
Construction and demolition debris.
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.
The Borough of Slippery Rock shall have the power and duty to enforce the provisions of this chapter.
The Borough of Slippery Rock may issue such notices of violation as are necessary to aid in the enforcement of the provisions of this chapter. These notices shall include but shall not be limited to notices requiring persons to cease unlawful use of outdoor wood-fired boilers which is in violation of any provision of this chapter; notices to take corrective action; and notices requiring production of information. Such notices may be issued if the Borough of Slippery Rock finds that any person is in violation of any provision of this chapter.
The Borough of Slippery Rock may, in its notices of violation, require compliance with this chapter.
The authority of Borough Council to issue a notice of violation under this section is in addition to any remedy or penalty that may be imposed pursuant to this chapter. The failure to comply with any such notice is hereby declared to be a public nuisance.
Whenever the responsible official finds that illegal operation of an outdoor wood-fired boiler is occurring in the Borough of Slippery Rock, in contravention of the requirements of § 200-6 above, the responsible official may require the owner or operator to take corrective action in a manner satisfactory to the Borough of Slippery Rock, or the responsible official may require the owner or operator to allow access to the land by the responsible official or a third party to take such action.
For the purpose of collecting or recovering the costs involved in taking corrective action or pursuing a cost-recovery action pursuant to a notice of violation or recovering the cost of litigation, oversight, monitoring, sampling, testing, and investigation related to a corrective action, the Borough of Slippery Rock may collect the amount in the same manner as civil penalties are assessed and collected following the process for assessment and collection of a civil penalty contained in § 200-10 of this chapter.
Any person who violates any provision of 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 Slippery Rock 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's 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 Slippery Rock. There is no accelerated rehabilitative disposition authorized for a summary offense.
In addition to proceeding under any other remedy available at law or in equity for a violation of a provision of this chapter, the Borough of Slippery Rock may assess a civil penalty for the violation. The penalty may be assessed whether or not the violation was willful. The civil penalty so assessed shall not exceed $5,000 per day for each violation. In determining the amount of the penalty, the Borough of Slippery Rock shall consider:
The willfulness of the violation;
Damage to air, soil, water or other natural resources of the Borough of Slippery Rock or their uses;
Financial benefit to the person as a result of the violation;
Deterrence of future violations;
Costs to the Borough of Slippery Rock;
The compliance history of the source;
The severity and duration of the violation;
Degree of cooperation in resolving the violation;
The speed with which compliance is ultimately achieved;
Whether the violation was voluntarily reported;
Other factors unique to the owners or operators of the source or facility; and
Other relevant factors.
When the Borough of Slippery Rock proposes to assess a civil penalty, it shall inform the person of the proposed amount of the penalty. The person charged with the penalty shall then have 30 days to pay the proposed penalty in full, or if the person wishes to contest the amount of the penalty or the fact of the violation to the extent not already established, the person shall forward the proposed amount of the penalty to the Council within the thirty-day period for placement in an escrow account with the State Treasurer or any commonwealth bank, or post an appeal bond to the Council within 30 days in the amount of the proposed penalty, provided that such bond is executed by a surety licensed to do business in the commonwealth. If, through administrative or final judicial review of the proposed penalty, it is determined that no violation occurred or that the amount of the penalty shall be reduced, the Council shall, within 30 days, remit the appropriate amount to the person with any interest accumulated by the escrow deposit. Failure to forward the money or the appeal bond at the time of the appeal shall result in a waiver of all legal rights to contest the violation or the amount of the civil penalty, unless the appellant alleges financial inability to prepay the penalty or post the appeal bond. The Council shall conduct a hearing to consider the appellant's alleged inability to pay within 30 days of the date of the appeal. The Council may waive the requirement to prepay the civil penalty or to post an appeal bond if the appellant demonstrates and the Council finds that the appellant is financially unable to pay. The Council shall issue an order within 30 days of the date of the hearing to consider the appellant's alleged inability to pay. The amount of penalty assessed after administrative hearing or after waiver of administrative hearing shall be payable to the Borough of Slippery Rock and shall be collectible in any manner provided by law for the collection of debts, including the collection of interest on the penalty amount computed in accordance with Section 6621(a)(2) of the Internal Revenue Code of 1986, from the date of the assessment of the penalty. If any person liable to pay any such penalty neglects or refuses to pay the same after demand, the amount, together with interest and any costs that may accrue, shall constitute a debt of such person, as may be appropriate, to Slippery Rock Borough. The debt shall constitute a lien on all property owned by said person when a notice of lien incorporating a description of the property of the person subject to the action is duly filed with the Prothonotary of the Butler County Court of Common Pleas.
Editor's Note: See 26 U.S.C. § 6621(a)(2).
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 notice of violation of the Borough of Slippery Rock. It shall also be unlawful to hinder, obstruct, prevent, or interfere with the Borough of Slippery Rock or its personnel in their performance of any duty hereunder, including denying the responsible officer access to the source or facility.
A violation of this chapter shall constitute a public nuisance. The Borough of Slippery Rock shall have the authority to require any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Borough of Slippery Rock may recover the expenses of abatement following the process for assessment and collection of civil penalty contained in § 200-10. Whenever the nuisance is maintained or continued contrary to this chapter, the nuisance may be abatable in the manner provided by this chapter. Any person who causes a public nuisance shall be liable for the cost of abatement.