An outdoor wood-fired boiler may be installed, used or operated in the township only in accordance with the following provisions:
(A) Zoning requirements for new outdoor wood-fired boilers. No person shall install an outdoor wood-fired boiler except in the following area(s) zoned for its use: WS, AD, RP or RR.
(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.
(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. No person shall install an outdoor wood-fired boiler unless it has a permanent attached stack with a minimum stack height of ten feet above the ground that also extends at least two feet above the highest peak of any dwelling unit located less than 150 feet from the outdoor wood-fired boiler.
(E) Stack height requirements for existing outdoor wood-fired boilers. No person shall use or operate an outdoor wood-fired boiler that was installed before the date of adoption of this code unless it has a permanent attached stack with a minimum stack height of ten 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, division (D) will apply.
(F) 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; or
(3) Home heating oil, natural gas, propane or other fuel source that complies with all applicable sulfur limits and is used as a starter or supplemental fuel for dual-fired outdoor wood-fired boilers.
(G) 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 division (F);
(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) Salt water driftwood;
(19) Manure;
(20) Animal carcasses; or
(21) Asphalt products.
(H) 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.
(I) 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 – 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; or
(6) Section 13 of the APCA, 35 P.S. § 4013 – public nuisances.
(J) Permits for new and existing outdoor wood-fired boilers. No person shall install, use or operate an outdoor wood-fired boiler unless a permit is first obtained from the township. Failure to obtain a permit in advance of installing, using or operating an outdoor wood-fired boiler shall constitute a violation of this subchapter and subject the person in violation to the criminal and civil penalties listed in § 91.99(B). The permit application shall include a plot plan to determine compliance with divisions (C), (D) and (E) in this section, as well as the manufacturer’s specification sheet to determine compliance with division (B) of this section.
(Ord. passed - - ) Penalty, see § 91.99