[HISTORY: Adopted by the Borough Council of the Borough of
Slippery Rock 6-5-2012 by Ord. No. 666. Amendments noted where
applicable.]
GENERAL REFERENCES
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.
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.
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:
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.
Also known as "outdoor wood-fired furnaces," "outdoor wood-burning
appliances," or "outdoor hydronic heaters," "water stoves," etc. A
fuel-burning device:
Designed to burn clean wood or other approved solid fuels;
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
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.
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.
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:
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.
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.
(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.
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.
A.
The Borough of Slippery Rock shall have the power and duty to enforce
the provisions of this chapter.
B.
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.
C.
The Borough of Slippery Rock may, in its notices of violation, require
compliance with this chapter.
D.
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.
A.
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.
B.
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.
A.
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:[1]
(1)
The willfulness of the violation;
(2)
Damage to air, soil, water or other natural resources of the Borough
of Slippery Rock or their uses;
(3)
Financial benefit to the person as a result of the violation;
(4)
Deterrence of future violations;
(5)
Costs to the Borough of Slippery Rock;
(6)
The compliance history of the source;
(7)
The severity and duration of the violation;
(8)
Degree of cooperation in resolving the violation;
(9)
The speed with which compliance is ultimately achieved;
(10)
Whether the violation was voluntarily reported;
(11)
Other factors unique to the owners or operators of the source
or facility; and
(12)
Other relevant factors.
B.
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,[2] 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.
[2]
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.
