[Ord. 2001-11, 12/17/2001, § 1]
This Part shall be known and may be cited as the "Stroud Township
Air Pollution Control Ordinance."
[Ord. 2001-11, 12/17/2001, § 2]
1.
Whereas pollution of the air is detrimental to the health, comfort,
living conditions, welfare and safety of the citizens of Stroud Township,
it is hereby declared to be the policy of the Township of Stroud to
safeguard the citizens of Stroud Township from air pollution.
2.
All outdoor burning is hereby discouraged because of the adverse
effects to the environment and the detrimental impact on the health,
safety and general welfare of the populace.
[Ord. 2001-11, 12/17/2001, § 3]
The following words, terms, and phrases, when used in this Part,
unless the context clearly indicates otherwise, shall have the following
meanings respectively ascribed to them:
Board of Supervisors of Stroud Township, Monroe County, Pennsylvania.
Any duct, passage, stack, chimney or conduit permitting air
contaminants to be emitted into the open air.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
That property of a substance which affects the sense of smell.
Any unenclosed fire wherein air contaminants, including smoke
and/or odor, are emitted to the open air, and are not directed thereto
through a flue.
Any individual, partnership, association, syndicate, company,
firm, trust, corporation, or other entity recognized by law as the
subject of rights and duties, including any governmental agency.
Materials designated as recyclable in the Recycling Ordinance [Chapter 20, Part 1], or any amendment thereto, or required by the terms of the Recycling Ordinance [Chapter 20, Part 1], or any amendment thereto, or designated by resolution of the Township Supervisors, to be kept separate from municipal waste and recycled, including leaf waste.
Garbage, rubbish, and trade waste.
Solids not considered to be highly flammable or explosive,
including, but not limited to, rags, old cloths, leather, carpet,
wood excelsior, brush, paper, ashes, tree branches, tree leaves, yard
trimmings, furniture, tin cans, glass, crockery, masonry and other
similar materials.
Salvaging or reclaiming of any product or material, including,
but not limited to, metals, chemicals, shipping containers or drums.
Extremely small solid particles produced by incomplete combustion
or organic substances, and includes, but is not limited to, flue ash,
cinders, tarry matters, unburned gases, soot or carbon and gaseous
combustion products.
All solid or liquid material or rubbish resulting from construction,
building operations, or the operation of any business, trade or industry,
including, but not limited to, plastic products, cartons, paint, grease,
oil and other petroleum products, chemicals, cinders, and other forms
of solid or liquid waste materials; provided, however, that trade
waste shall not include any coal refuse associated with mining or
preparation of coal.
[Ord. 2001-11, 12/17/2001, § 4]
1.
No person shall conduct any open burning of refuse, or recyclables,
including leaf waste, or any salvage operations.
A.
Exceptions.
(1)
Any fire set to prevent or abate a fire hazard, when approved
by the Department of Environmental Protection, and when set by or
under the supervision of a public officer.
(2)
Any fire set for the purpose of instructing personnel in firefighting,
when approved by the Department of Environmental Protection.
(3)
Any fire set for the prevention and control of disease or pests,
when approved by the Department of Environmental Protection.
B.
No person shall cause, suffer or permit any open burning operation
whatsoever if said open burning operations is contrary to § 129.14,
Chapter 129, Title 25, Pa. Code, of the Rules and Regulations of the
Department of Environmental Protection, as amended.
C.
No person shall in any manner hinder, delay, obstruct, resist, prevent,
or in any way interfere with the Air Pollution Enforcement Officer
or his assistants in the performance of their duties hereunder, or
refuse such personnel, after proper identification, entrance at reasonable
hours to any premises.
D.
No person shall fail, neglect, or refuse to comply with any written
abatement notice served on such person, either personally, or by registered
or certified mail, issued by the Air Pollution Enforcement Officer.
Such notice shall set forth in detail the alleged violation of this
Part and a time within which the violation is to be abated. Any person
receiving such an abatement notice may obtain an extension of time
to comply therewith by making application to and obtaining the approval
of the Board.
E.
Any outdoor burning which is allowed by this Part shall only be permitted
on Saturdays between the hours of 7:00 a.m. and 5:00 p.m.
[Ord. 2001-11, 12/17/2001, § 5]
1.
Authorized Position. The Board shall appoint or designate an Air
Pollution Enforcement Officer, who may be any municipal or police
officer, together with such assistants as may be deemed necessary,
to carry out the provisions of this Part, and shall provide funds
for the expenses of the Air Pollution Enforcement Officer.
2.
Duties. The Enforcement Officer shall have the powers and duties
to:
A.
Enforce the provisions of this Part and the rules and regulations
contained therein.
B.
Receive and initiate complaints or violations of the regulations
of this Part.
C.
Enter and inspect, pursuant to consent or appropriate legal authorization,
any building, property, premise or place for the purpose of investigating
an actual or suspected source of open burning, or for the purpose
of ascertaining compliance or noncompliance with any regulation of
this Part.
D.
Have access to and require information pertinent to any matter under
investigation.
E.
Send written notice of any violation of this Part to the person responsible
for the violation.
F.
Attend all meetings of the Board and file a written report of the
violation of any regulation of this Part.
G.
Institute prosecution for violation of the regulations of this Part.
[Ord. 2001-11, 12/17/2001, § 6; as amended by A.O.]
1.
No person shall violate any portion of this Part.
2.
Prosecution under this Part shall be instituted by the Air Pollution
Enforcement Officer, or any other Township official, and shall be
filed in the name of Stroud Township, Monroe County, Pennsylvania.
3.
Enforcement shall be by an action brought before a magisterial district
judge in the same manner as provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure. The Township
Solicitor may assume charge of the prosecution without the consent
of the District Attorney as required under Pa.R.Crim.P. No. 454(c)
(relating to trial in summary cases).
4.
Any person violating any of the provisions of this Part, upon conviction
thereof in an action brought before a magisterial district judge 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 less than $50 nor more than $1,000 plus costs, for
the first violation, not less than $100 nor more than $1,000, plus
costs, for the second, and up to $1,000, plus costs, for subsequent
violations, 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.
5.
All fines and penalties collected for any violation of this Part
shall be paid to the Township Treasurer.
6.
In addition to or in lieu of an enforcement action before a magisterial
district judge, the Township may enforce this Part in equity. In the
event an abatement notice has been issued, which is being violated,
or in any other appropriate circumstance, the Air Pollution Enforcement
Officer, or any other Township official, is hereby authorized on behalf
of the Township to institute an action in equity for an injunction
to enforce compliance herewith and/or to restrain continuous violations
of this Part.
[Ord. 2011-4, 4/5/2011, § 1]
This Part shall be known and may be cited as the "Stroud Township
Outdoor Wood-Fired Boiler Ordinance."
[Ord. 2011-4, 4/5/2011, § 2]
1.
Except as otherwise provided herein, this Part applies to the installation
and use of all outdoor wood-fired boilers within Stroud 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, unless the heating device is an outdoor wood-fired boiler
installed indoors.
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. 2011-4, 4/5/2011, § 3]
Whereas the Board of Supervisors of Stroud Township has determined
that air pollution from outdoor wood-fired boilers may be detrimental
to the health, comfort, living conditions, welfare, and safety of
the citizens of Stroud Township, it is hereby declared to be the policy
of Stroud Township to safeguard the citizens of Stroud Township from
such air pollution.
[Ord. 2011-4, 4/5/2011, § 4]
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:
Air Pollution Control Act, 35 P.S. § 4001 et seq.
Stroud Township Board of Supervisors.
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.
United States Environmental Protection Agency.
Township of Stroud, Monroe County, Pennsylvania.
As defined by other Township ordinances and emission of air
contaminants to the outdoor atmosphere of such quantity, characteristic
or duration that may be injurious to human, plant or animal life or
to property, or that unreasonably interferes with the comfortable
enjoyment of life or property, including opacity.
The degree to which emissions other than water reduce the
transmission of light and obscure the view of an object in the background.
Also known as outdoor wood-fired furnaces, outdoor wood-burning
appliances, or other hydronic heaters, water stoves, etc. A fuel-burning
device:
Designed to burn clean wood or other approved solid fuels.
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 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 Environmental Protection Agency as meeting a particulate matter
emission limit of 0.32 pounds per million British Thermal Units output
and is labeled accordingly.
Person designated by the municipality to be responsible for
the administration and enforcement of this Part, including, but not
limited to, the Code Enforcement Officer.
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.
[Ord. 2011-4, 4/5/2011, § 5]
1.
On or after the effective date of this Part, an outdoor wood-fired
boiler may be installed, used or operated in Stroud Township only
in accordance with the following provisions:
A.
Zoning Requirements for New Outdoor Wood-Fired Boilers. New outdoor
wood-fired boilers shall be permitted for residential use only.
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 or outdoor wood-fired boiler manufactured
to more restrictive or stringent standards established by a federal
or state agency.
C.
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.
D.
Stack Height Requirements for New Outdoor Wood-Fired Boilers. The
outdoor wood-fired boiler shall have a stack or chimney that extends
to a minimum height of the occupied structure roof peak of which the
outdoor wood-fired boiler is servicing plus two feet. If there are
any occupied structures within 200 feet of the new outdoor wood-fired
boiler, the stack or chimney shall extend at lease as high above the
ground surface as the height of the roof peaks of all such occupied
structures plus two feet. The maximum height of the outdoor wood-fired
boiler stack or chimney shall not exceed the maximum building height
in that specific zoning district plus two feet.
E.
Minimum Setback Exclusion. Any new outdoor wood-fired boiler installed
a minimum of 500 feet from all property lines shall be excluded from
the stack height requirements.
F.
Stack Height Requirements for Existing Outdoor Wood-Fired Boilers.
Should a new occupied structure be built, or the building height of
an existing occupied structure be increased within 250 feet of an
outdoor wood-fired boiler, the outdoor wood-fired boiler stack or
chimney height shall be raised to match the height of the new or modified
structure plus two feet, up to the maximum building height plus two
feet indicated above. However, if the existing outdoor wood-fired
boiler is a phase 2 outdoor wood-fired boiler, Subsection 1D above
will apply.
G.
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:
(1)
Clean wood.
(2)
Wood pellets made from clean wood.
(3)
Home heating oil, natural gas, propane or other manufacturer-approved
fuel that complies with all applicable sulfur limits and is used as
a starter or supplemental fuel for dual-fired outdoor wood-fired boilers
resulting in emissions in compliance with this Part and does not cause
a nuisance in accordance with this Part or other Township ordinance.
H.
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 1G above.
(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)
Particle board.
(18)
Salt water driftwood.
(19)
Manure.
(20)
Animal carcasses.
(21)
Asphalt products.
I.
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 15 and the following September
15.
J.
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 existing and future
federal, 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 — 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.
(7)
All outdoor wood-fired boilers shall be equipped with properly
functioning spark arrestors and shall be located on the property in
compliance with manufacturer's recommendations, specifications
or requirements for clearance to combustible materials.
K.
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 application shall be
signed by an owner(s) of the lot on which the outdoor wood-fired boiler
will be located and the applicant if not a property owner.
(1)
Permits must be acquired prior to installation.
(2)
Present evidence that the applicant has obtained building permits
for the installation of the outdoor wood-fired boiler and its connection
to the mechanical system of the structure it will serve, if applicable.
(3)
The cost of the permit shall be paid as outlined in the Stroud
Township Fee Schedule.
(5)
Stroud Township reserves the ability to suspend permits if weather
conditions warrant is the sole discretion of the Board of Supervisors.
(6)
Violation of permit conditions is a violation of this Part.
(7)
Any violation of the Part or permit conditions shall void the
permit.
[Ord. 2011-4, 4/5/2011, § 6]
1.
Any outdoor wood-fired boiler in existence on the effective date of this Part shall be permitted to remain, provided that the owner applies for and receives a permit from the responsible official within one year of the effective date of this Part. If the owner of an existing outdoor wood-fired boiler does not receive a permit within one year of the effective date of this Part, the outdoor wood-fired boiler shall be removed and owner will be subject to the regulations in § 10-219 of this Part. If an outdoor wood-fired boiler in existence on the effective date of this Part is causing a nuisance as determined by the responsible official, the following steps shall be taken by the owner:
A.
Modifications approved by the unit's manufacturer shall be made
to the unit to eliminate the nuisance such as extending the chimney
or relocating the outdoor wood-fired boiler or both.
B.
Cease and desist operating the unit until a remedy can be taken to
ensure that the use of the outdoor wood-fired boiler will not be a
nuisance.
[Ord. 2011-4, 4/5/2011, § 7]
1.
The responsible official shall have the power and duty to enforce
the provisions of this Part.
2.
The responsible official may issue such orders as are necessary to
aid in the enforcement of the provisions of this Part. These orders
shall include, but shall not be limited to: orders requiring persons
to cease unlawful use of outdoor wood-fired boilers, which is in violation
of any provision of this Part; orders to take corrective action or
to abate a public nuisance; or orders requiring production of information.
Such an order may be issued if the responsible official finds that
any person is in violation of any provision of this Part.
3.
The responsible official may, in an order, require compliance with
this Part.
4.
An order issued under this section shall take effect upon notice,
unless the order specifies otherwise. An appeal to the Board of Supervisors
of Stroud Township order shall not act as a supersedeas; provided,
however, that, upon application and for cause shown, the Board of
Supervisors may issue such a supersedeas.
5.
The authority of the responsible official to issue an order under
this section is in addition to any remedy or penalty that may be imposed
pursuant to this Part. The failure to comply with any such order is
hereby declared to be a public nuisance.
6.
The applicant and/or property owner authorizes the responsible official
to perform inspections related to the application and the permit as
deemed necessary regarding proper operation of the outdoor wood-fired
boiler. The applicant and/or property owner understands and agrees
to comply with this Part and all other applicable laws and regulations.
[Ord. 2011-4, 4/5/2011, § 8]
1.
Whenever the responsible official finds that illegal operation of
an outdoor wood-fired boiler is occurring in Stroud Township, in contravention
of the requirements of this Part, the responsible official may order
the owner or operator to take corrective action in a manner satisfactory
to meet the regulations of this Part, or the responsible official
may order the owner or operator to allow access to the land by the
responsible official or a third party to take such action.
2.
For purposes of collecting or recovering the costs involved in taking corrective action or pursuing a cost recovery action pursuant to an order or recovering the cost of litigation, oversight, monitoring, sampling, testing, and investigation related to a corrective action, Stroud Township 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 § 10-220 of this Part.
3.
Any person desiring to install an outdoor wood-fired boiler within
Stroud Township shall obtain all applicable permits and shall pay
a permit fee set by the Board of Supervisors by resolution. Homemade
outdoor wood-fired boilers are not permitted. Failure of a person
to operate or maintain an outdoor wood-fired boiler in accordance
with manufacturer instructions or requirements or this Part may result
in permit suspension or revocation and/or other remedies allowed by
law.
4.
The outdoor wood-fired boiler shall be maintained and operated in
compliance with all emissions and air quality standards promulgated
by the United States Environmental Protection Agency, the Pennsylvania
Department of Environmental Protection or other relevant state or
federal agency. Notwithstanding compliance with applicable emissions
and air quality standards, no outdoor wood-fired boiler shall be operated
to cause a nuisance by noxious or hazardous particulate, fume, gas,
mist, odor, smoke, vapor, toxic, or deleterious emission, either alone
or in combination with others.
5.
Any waste material, ash or other by-products from the operation of
the outdoor wood-fired boiler shall be disposed of in accordance with
all applicable laws and shall not be permitted to be stockpiled on
the owner's property for more than 90 days.
[Ord. 2011-4, 4/5/2011, § 9; as amended by A.O.]
1.
No person shall violate any portion of this Part.
2.
Prosecution under this Part shall be instituted by the responsible
official, or any other Township or law enforcement official authorized
by the Board of Supervisors, and shall be filed in the name of Stroud
Township, Monroe County, Pennsylvania.
3.
Enforcement shall be by an action brought before a magisterial district
judge in the same manner as provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure. The Township
Solicitor may assume charge of the prosecution without the consent
of the District Attorney as required under Pennsylvania Rule of Criminal
Procedure No. 454(c) (relating to trial in summary cases).
4.
Any person violating any of the provisions of this Part, upon conviction
thereof in an action brought before a magisterial district judge 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 less than $250 nor more than $1,000 plus costs,
for the first violation, not less than $500 nor more than $1,000,
plus costs, for the second, and up to $1,000, plus costs, for subsequent
violations, 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.
5.
All fines and penalties collected for any violation of this Part
shall be paid to the Township Treasurer.
6.
In addition to or in lieu of an enforcement action before a magisterial
district judge, the Township may enforce this Part in equity. In the
event an abatement notice has been issued, which is being violated,
or in any other appropriate circumstance, the responsible official,
or any other Township official, is hereby authorized on behalf of
the Township to institute an action in equity for an injunction to
enforce compliance herewith and/or to restrain continuous violations
of this Part.
[Ord. 2011-4, 4/5/2011, § 10]
It shall be unlawful to fail to comply with or to cause or assist
in the violation of any of the provisions of this Part or to fail
to comply with any order or other requirement of Stroud Township;
or to cause a public nuisance; or to hinder, obstruct, prevent, or
interfere with Stroud Township or its personnel in their performance
of any duty hereunder, including denying the responsible official
access to the source or facility.
[Ord. 2011-4, 4/5/2011, § 11]
A violation of this Part or of any order issued by the responsible
official under this Part shall constitute a public nuisance. The responsible
official 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 responsible official may recover the expenses
of abatement following the process for assessment and collection of
any civil penalty due hereunder. Whenever the nuisance is maintained
or continued contrary to this Part or any order issued pursuant to
this Part, the nuisance may be abatable in the manner provided by
this Part. Any person who causes the public nuisance shall be liable
for the cost of abatement.
[Ord. 2011-4, 4/5/2011, § 12]
