[HISTORY: Adopted by the Town Board of the Town of Amenia 12-12-2013 by L.L. No.
4-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform fire prevention and building code administration and enforcement — See Ch. 63.
Zoning — See Ch. 121.
[1]
Editor's Note: This local law also repealed former Ch.
84, Outdoor Wood Boilers, adopted 4-12-2007 by L.L. No. 1-2007, as
amended.
A.
This chapter is enacted in recognition of the impact that outdoor
wood boilers have on the health, safety, and welfare of the citizens
of the Town of Amenia.
B.
It is the intent of the Town Board to enact comprehensive legislation
that regulates the installation, use, and operation of residential
and commercial outdoor wood boilers upon any public or private property
within the Town.
C.
The Town Board concludes that the baseline regulations contained
in this chapter protect the health, safety and welfare of the residents
of Amenia, while avoiding undue interference with the continued operation
of outdoor wood boilers.
As used in this chapter, the following terms shall have the
meanings indicated:
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices that contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including a "commercial horse boarding
operation" and "timber processing." Such farm operation may consist
of one or more parcels of owned or rented land, which parcels may
be contiguous or noncontiguous to each other.
Wood that has not been painted, stained, or treated with
any other coatings, glues or preservatives, including, but not limited
to, chromated copper arsenate, creosote, alkaline copper quaternary,
copper azole or pentachlorophenol.
The initial start-up of the combustion chamber of a new outdoor
wood boiler after all piping and electrical connections between the
new outdoor wood boiler and the structure(s) it serves have been completed.
A new outdoor wood boiler with a thermal output rating greater
than 250,000 British thermal units per hour (Btu/h).
The regulations adopted by the New York State Department
of Environmental Conservation contained in Title 6 of the New York
Codes, Rules and Regulations, Chapter III, Subchapter A, Part 247.
The Town Building Inspector and any other person the Town
Board may designate by resolution as an enforcement officer for purposes
of this chapter.
The method used for making a visual determination of the
opacity of emissions from a stationary source as set forth in Appendix
A of 40 CFR 60.
A gas liquefied by compression, consisting of flammable hydrocarbons,
as propane and butane, obtained as a by-product from the refining
of petroleum or natural gas.
Any person who makes or produces a new outdoor wood boiler
that is ultimately operated in New York.
All new outdoor wood boilers manufactured by a single manufacturer
that are similar in all material and design respects.
A naturally occurring hydrocarbon gas mixture consisting
primarily of methane and varying amounts of higher alkanes, as well
as percentages of carbon dioxide, nitrogen, and hydrogen sulfide.
An outdoor wood boiler that commences operation on or after
the effective date of this chapter.
A fuel-burning device that is designed to burn wood or other
fuels, is specified by the manufacturer for outdoor installation or
installation in structures not normally occupied by humans, and is
used to heat building space and/or water via the distribution, typically
through pipes, of a gas or liquid (e.g., water or water/antifreeze
mixture) heated in the device.
Any individual, firm, association, corporation, partnership,
trust, estate, legal representative, company, foundation or fund,
charitable organization, or other entity owning or occupying real
property within the Town.
A new outdoor wood boiler that has a thermal output rating
of 250,000 Btu/h or less.
"EPA Test Method 28 OWHH for Measurement of Particulate Emissions
and Heating Efficiency of Outdoor Wood-Fired Hydronic Heating Appliances,"
Attachment 2 of the "EPA Outdoor Wood-fired Hydronic Heater Program
Phase I Partnership Agreement" dated March 16, 2007 (see Chapter III,
Table 1, section 200.9 of the DEC Regulations).
The heat value in Btu/h that a manufacturer specifies a particular
model of new outdoor wood boiler is capable of supplying at its design
capacity.
No person shall operate an outdoor wood boiler that does not
meet the requirements set forth in this part:
A.
Building permit. No outdoor wood boiler may be constructed or installed
unless the Building Inspector has first issued a building permit authorizing
such construction or installation. Owners of outdoor wood boilers
in existence at the time this chapter went into effect must contact
the Building Inspector to obtain a permit.
B.
Months of operation. Outdoor wood boilers are subject to a "no-burn"
period between May 1 and October 1. Outdoor wood boilers may not be
used or otherwise operated during that no-burn period.
C.
Spark arrestor. All outdoor wood boilers must be equipped with a
properly functioning spark arrestor.
D.
Manufacturer's specifications. All outdoor wood boilers must
be in strict compliance with the manufacturer's specifications
pertaining to construction, installation, use, operation, and maintenance.
In the event of a conflict between the manufacturer's specifications
and the requirements of this chapter, the more restrictive standard
shall control.
E.
Locations. All outdoor wood boilers shall be located at least 1,000
feet from hospitals, schools and places of assembly. Except for commercial-size
or residential-size new outdoor wood boilers installed on contiguous
agricultural lands larger than five acres, all outdoor wood boilers
shall be located at least 200 feet from all residential structures
not being served by such outdoor wood boiler.
F.
Prohibited fuels. No person shall burn any of the following items
in an outdoor wood boiler:
(1)
Wood that does not meet the definition of "clean wood";
(2)
Unseasoned wood;
(3)
Garbage;
(4)
Tires;
(5)
Yard waste, including lawn clippings;
(6)
Materials containing plastic;
(7)
Materials containing rubber;
(8)
Waste petroleum products;
(9)
Paints or paint thinners;
(10)
Household or laboratory chemicals;
(11)
Coal;
(13)
Construction and demolition debris;
(14)
Plywood;
(15)
Particleboard;
(16)
Fiberboard;
(17)
Oriented strand board;
(18)
Manure;
(19)
Animal carcasses;
(20)
Asphalt products;
(21)
Salt water driftwood; or
G.
Emissions.
(1)
No person shall cause or allow emissions of air contaminants from
an outdoor wood boiler to the outdoor atmosphere of a quantity, characteristic
or duration which is injurious to human, plant or animal life or to
property or which unreasonably interferes with the comfortable enjoyment
of life or property. This prohibition applies, but is not limited
to, the following conditions:
(2)
The prohibition further applies to any particulate, fume, gas, mist,
odor, smoke, vapor, toxic or deleterious emission, either alone or
in combination with others, emitted from an outdoor wood boiler that
results in the conditions or circumstances listed in this subdivision
notwithstanding the existence of specific air quality standards or
emission limits.
H.
Smoke plume. No person shall operate an outdoor wood boiler in such
a manner as to create a smoke plume with an opacity of 20% or greater
(six-minute mean) as determined using EPA Reference Method 9 (or equivalent)
(see Chapter III, Table 1, Section 200.9 of the DEC Regulations).
A person who operates an outdoor wood boiler may only burn the
following fuels in such outdoor wood boiler:
A.
Seasoned clean wood;
B.
Wood pellets made from clean wood;
C.
Heating oil in compliance with Chapter 3, Subpart 225-1, of the DEC
Regulations, LP gas or natural gas may be used as starter fuels for
dual fuel-fired outdoor wood boilers;
D.
Nonglossy, noncolored papers, including newspaper, may be used only
to start an outdoor wood boiler; and
E.
Other fuels approved by the DEC per the certification requirements
of Chapter 3, Part 247, Section 247.8, of the DEC Regulations.
A.
Emission limits. Residential-size new outdoor wood boilers must not
emit particulate emissions at a rate greater than a weighted average
of 0.32 pounds per million British thermal units heat output using
the year-round weighting factors in Test Method 28 OWHH (see Chapter
III, Table 1, Section 200.9, of the DEC Regulations). The particulate
emission rate for any test run with a burn rate less than or equal
to 1.5 kilograms per hour must not exceed 15 grams per hour. The particulate
emission rate for any test run with a burn rate greater than 1.5 kilograms
per hour must not exceed 18 grams per hour.
B.
Setback.
(1)
A residential-size new outdoor wood boiler shall not be located less
than 100 feet from the nearest property boundary line.
(2)
Notwithstanding the above, a residential-size new outdoor wood boiler
installed on contiguous agricultural lands larger than five acres
shall not be located less than 100 feet from the nearest residence
not served by the outdoor wood boiler.
C.
Stack height. A residential-size new outdoor wood boiler shall be
equipped with a permanent stack extending a minimum of 18 feet above
ground level. Notwithstanding the foregoing, if there is a roof structure
within 150 feet of the residential-size new outdoor wood boiler, the
permanent stack must extend at least two feet above the peak of said
roof structure.
A.
A commercial-size new outdoor wood boiler shall not be used in a
solely residential application.
B.
Emission limits. Commercial-size new outdoor wood boilers must not
emit particulate emissions at a rate greater than a weighted average
of 0.32 pounds per million British thermal units heat output using
the year-round weighting factors in Test Method 28 OWHH (see Chapter
III, Table 1, Section 200.9 of the DEC Regulations). Further, the
particulate emission rate for any test run must not exceed 20 grams
per hour.
C.
D.
Stack height. A commercial-size new outdoor wood boiler shall be
equipped with a permanent stack extending a minimum of 18 feet above
ground level. Notwithstanding the foregoing, if there is a roof structure
within 150 feet of the commercial-size new outdoor wood boiler, the
permanent stack must extend at least two feet above the peak of said
roof structure.
In the event of noncompliance with the provisions of this chapter,
the Enforcement Officer may issue an appearance ticket, returnable
to the Town of Amenia Justice Court at a date and time as specified
on the appearance ticket. The appearance ticket shall specify the
alleged violation and the date and time thereof. A copy of the appearance
ticket shall be forwarded to the Town Justice Court and shall be accompanied
by any information detailing the violation.
Any person who shall violate this chapter or any of the provisions
hereof or who shall fail or refuse to comply with the provisions of
any written notice herein provided for shall be guilty of a violation
and shall, upon conviction, be subject to a fine not to exceed $350
or a jail sentence of not more than 15 days, or both, for each violation,
and each 24 hours during which said violation shall continue shall
constitute a separate and distinct violation within the meaning of
this chapter. The owners of the premises upon which prohibited acts
occur shall be jointly and severally liable for violations of this
chapter. Any fine imposed hereunder shall constitute a lien upon the
real property where the outdoor wood boiler is located until paid.
No officer, agent or employee of the Town of Amenia shall be
personally liable for any damage that may accrue to person or property
as a result of any act required or permitted in the discharge of his
or her duties under this chapter.
The invalidity of any clause, sentence, paragraph or provision
of this chapter shall not invalidate any other clause, sentence, paragraph,
or part thereof, and all other aspects of this chapter shall remain
in full force and effect.
