Ordinance - 1994 - 245 - Burning Of Solid Fuel - 05/10/1994ORDINANCE NO. 245
ORIGINAL
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING TITLE
4 OF THE EAGLE CITY CODE TO ESTABLISH REQUIREMENTS LIMITING THE
BURNING OF SOLID FUEL AND/OR REFUSE DURING DECLARED AIR POLLUTION
ALERTS
WHEREAS, the City of Eagle, Ada County, Idaho (the "City") is a municipal corporation
of the State of Idaho and is authorized by Chapter 3, Title 50, Idaho Code, to adopt ordinances to
maintain the welfare of the City and where federally mandated enforce such ordinances by either
criminal or civil penalties; and
WHEREAS, the City Council of the City of Eagle (the "Council") has found that the
health and welfare of the residents of the City are adversely impacted by air pollution caused by
the burning of solid fuel and refuse; and
WHEREAS, the State of Idaho, Department of Health and Welfare, Division of
Environmental Quality ("IDEQ") has established a program pursuant to Chapter 85, Title 42,
United States Code (the federal "Clean Air Act") for the establishment of air quality designations,
alert criteria and bans for solid fuel and refuse burning; and
WHEREAS, the Council has found that controlling the emissions from solid fuel and
refuse burning will protect the health and welfare of the citizens of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, ADA COUNTY, IDAHO, as follows:
Section 1: That Title 4, Eagle City Code, be, and the same hereby is, amended to add a
new Chapter 6 as follows:
Chapter 6
CLEAN AIR
4-6-1: SHORT TITLE: This Chapter shall be known and cited as the City of Eagle Clean Air
Ordinance
Page 1
4-6-2: AUTHORITY AND PURPOSE: The purpose of this Chapter is to protect air quality
resources vital to the public health, safety, and welfare of the City of Eagle residents and the
economic future of the City of Eagle by controlling emissions from solid fuel and refuse burning.
This Chapter is promulgated under the authority of Idaho Code Section 50-302.
4-6-3: DEFINITIONS: For the purpose of this Chapter, the following terms, phrases, words,
and derivations all have the meanings given herein. The word "shall" is always mandatory and not
merely directory.
AIR POLLUTION
The presence in the outdoor atmosphere of any contaminate or
combinations thereof in such quality or of such nature and duration
and under such conditions as would be injurious to human health or
welfare, to plant or animal life, or to property, to interfere
unreasonably with the enjoyment of life or property.
BUILDING Any structure, dwelling, office, industrial plant, garage or barn,
whether publicly or privately owned or any other structure as
defined by the Uniform Building Code as adopted by Chapter 1,
Title 7, Eagle City Code.
BURN DOWN That period of time following an air pollution alert required for the
cessation of combustion within solid fuel heating appliances or any
outdoor fires or burning or incineration included within this
ordinance
CLEAN BURNING A solid fuel heating appliance that has been certified as clean
APPLIANCE burning by either the Oregon Department of Environmental Quality
or the United States Environmental Protection Agency and has
been placed on the list of approved clean burning appliances
maintained by the City Clerk.
ECONOMIC HARDSHIP Means fifty percent (50%) or less of City of Eagle's median income
as established by the U.S. Department of Housing and Urban
Development.
FIREPLACE
Page 2
Means a residential solid fuel burning device with an air -to -fuel
ratio of greater than thirty (30) which is a permanent structural
feature of a building. A fireplace is made up of a concealed
masonry or metal flue and a masonry or metal firebox enclosed in
decorative masonry of other building materials. A residential solid
fuel burning device which is freestanding or which is installed into
HEAT OUTPUT
OPEN BURNING
PARTICULATE
MATTER
PERSON
REFUSE
REFUSE
INCINERATOR
SOLE SOURCE
SOLID FUEL
SOLID FUEL
HEATING APPLIANCE
Page 3
an existing "fireplace" opening is not included in the definition of
"fireplace".
The British Thermal Unit (BTU)/hour output of a solid fuel heating
appliance.
Means the combustion of any material not contained in a heating
appliance or incinerator.
Any gas -borne particles resulting from incomplete combustion,
consisting predominantly, but not exclusively, of carbon and other
combustible matter.
Any individual, firm, partnership, association, corporation,
company, organization or governmental entity.
All solid waste, garbage, and rubbish, including but not limited to,
cardboard, plastic, rubber, styrofoam, petroleum products, food
stuff; Christmas trees, yard debris, or chemically treated wood.
Any device designed or operated to reduce the volume of refuse.
Natural gas-fired pathological incinerators are excluded.
Means one or more solid fuel heating devices which constitute the
only source of heat in a building for the purpose of space heating.
No solid fuel heating device(s) shall be the sole source of heat if the
building is equipped with a permanently installed furnace or heating
system designed to heat the building that is connected or
unconnected from its energy source, utilizing oil, natural gas,
electricity or propane.
Any form of untreated wood or coal.
An enclosed device designed for solid fuel combustion that
meets all of the following criteria:
a) an air -to fuel ration averaging less than thirty-five to one
(35 -to 1);
b) firebox volume less than twenty
(20) cubic feet;
c) minimum burn rate less than five (5) kilograms per hour;
and
d) maximum weight of less than eight hundred (800)
kilograms.
Explicitly excluded are furnaces, boilers, cook stoves, and open
fireplaces.
4-6-4: AIR QUALITY DESIGNATIONS AND ALERT CRITERIA:
A. The quality of the City of Eagle's air shall be determined by monitoring pollutant levels in
and/or around the City of Eagle with equipment and methods approved by the Idaho State
Department of Environmental Quality.
B. The quality of the City of Eagle's air shall be designated according to the following table,
where "PM 10" indicates particulate matter with an aerodynamic diameter less than or
equal to ten (10) microns:
Health Effect
Desienation
PM 10 Concentrations
24-hour (ua/m31
Good 0-50
Moderate 51-150
Unhealthful 151-350
Very Unhealthful 351-420
Hazardous >420
C. In order to prevent the existence of air quality that is unhealthful, an air polhition "alert"
will be declared whenever the Idaho Department of Environmental Quality measures levels
of PM 10 concentrations exceeding 100 micrograms per cubic meter (ug/m3) and forecasts
air stagnation conditions continuing for at least 24 hours.
4-6-5: PUBLIC NOTIFICATION: Whenever air pollution alert conditions are met, local print,
radio, and television news media will be notified. Announcements of the existence of an air
pollution "alert" will be made by the news media during regularly scheduled broadcasts.
4-6-6: BURNING SOLID FUEL OR REFUSE:
A. No person shall cause or allow refuse or coal to be burned in a solid fuel heating appliance
designed for wood fuel.
B. No person shall cause or allow a refuse incinerator to be operated contrary to the design,
specifications, and manufacturer's instructions.
Page 4
4-6-7: AIR QUALITY ALERT/ADDITIONAL RESTRICTIONS: At the onset and during
the pendency of a declared air quality "alert," the following additional restrictions apply:
A. No person shall cause or allow, after a three (3) hour "burn down", the operation of a
solid fuel heating appliance or open fireplace, unless an exemption has been granted by the
City Clerk.
B. No person shall cause or allow the operation of a solid waste incinerator.
C. No person shall cause or allow open burning of refuse or solid fuel.
4-6-8: AIR QUALITY ALERT EXEMPTIONS:
A. The City Clerk shall grant exemptions from this Chapter if it is determined by the City
Clerk that:
1. A solid fuel heating appliance is the sole source of heat for the structure in which it is
situated; or
2. Using alternative heating would cause an unreasonable economic hardship; or
3. The solid fuel heating appliance is listed by the City Clerk as a clean burning
appliance.
B. Any person denied an exemption under this Chapter shall be provided, at the option of the
applicant for the exemption, a hearing before the City Council.
C. Any building constructed after the effective date of this Chapter shall not be eligible for an
exemption under subsections 1 and 2 above.
4-6-9: MINIMUM STANDARDS FOR CLEAN BURNING APPLIANCES:
A. In no event shall the standards for clean burning solid fuel heating appliances allow a
weighted average particulate emission greater than:
1. For a new clean burning solid fuel heating appliance with a minimum heat output of
less than 40,000 BTU per hour and tested pursuant to procedures approved by the
Building Department.
a. 7.5 grams per hour for a non -catalytic solid fuel heating appliance.
b. 4.1 grams per hour for a catalytic solid fuel heating appliance.
Page 5
2. Clean burning solid fuel heating appliances with a minimum heat output of greater
than 40,000 BTU per hour shall not exceed an average particulate emission standard
equal to the sum of 8.0 grams per hour plus 0.2. grams per hour for each 1,000 BTU
per hour heat output.
3. For any other solid fuel heating appliance officially exempted by the Environmental
Protection Agency from the above requirements.
4-6-10: APPLICABILITY OF CHAPTER: Nothing in this Chapter is intended to conflict
with, supersede, repeal, or affect any other regulations or requirements for the installation or
inspection of solid fuel heating appliances, including, but not limited to, those regulations adopted
at Chapter 1E, Title 7, Eagle City Code. Further, nothing in this Chapter is entitled to conflict
with, supersede, repeal, or affect any other regulations or requirements for the burning, outdoor
fires, and incineration permits including, but not limited to, those regulations adopted at Chapter
2, Title 4, Eagle City Code.
4-6-11: PENALTY: A violation of any of the provisions of this Chapter or the failure or
omission to perform any duty imposed by the provisions of this Chapter is hereby declared
unlawful and punishable as a misdemeanor.
Section 2: This Ordinance shall take effect and be in force from and after its passage,
approval, and publication as required by law. In lieu of publication of the entire Ordinance, a
summary thereof in compliance with Section 50-901A, Idaho Code, may be published.
DATED this /0 day of May, 1994.
CITY OF EAGLE
Ada County, Idaho
(SEAL)
Page 6
Summary of Ordinance NO. 245
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
TITLE 4 OF THE EAGLE CITY CODE TO ESTABLISH REQUIREMENTS LIMITING
THE BURNING OF SOLID FUEL AND/OR REFUSE DURING DECLARED AIR
POLLUTION ALERTS
A summary of the principal provision of Ordinance No. 245 of the
City of Eagle, Idaho, adopted on April 26, 1994, is as follows:
Section 1: Amends Title 4, Eagle City Code, to include Chapter 6.
The Chapter shall be known and cited as the City of Eagle Clean Air
Ordinance.
4-6-1: Short Title
4-6-2: Authority and Purpose
4-6-3: Definitions
4-6-4: Air Quality Designations and Alert Criteria
4-6-5: Public Notification
4-6-6: Burning Solid Fuel or Refuse
4-6-7: Air Quality Alert/Additional Restrictions
4-6-8: Air Quality Alert Exemptions
4-6-9: Minimum Standard for Clean Burning Appliances
4-6-10: Applicability of Chapter
4-6-11: Penalty
Section 2: Provides for effective date.
The full text of Ordinance No. 245 is available at City Hall and
will be provided to any person for inspection upon personal request
during normal office hours.
DATED this 10 day of May , 1994.
BER
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ara Montg� a'�'"?
Eagle City Cleit -�'c-,`, �._;
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1
�aP&ffTIFICATION OF CITY ATTORNEY
•
I, the undersigned City Attorney for and legal advisor to the City
of Eagle, Idaho, hereby certify that I have read the attached
summary of Ordinance No. 245 of the City of Eagle, that the same is
true and complete and provides adequate notice to the public of the
contents of said Ordinance.
DATED th s 10 day o Ma
'AG Ad,
INA CK, A tor. -
City of Eagle
, 1994.
Summary of Ordinance NO. 245
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
TITLE 4 OF THE EAGLE CITY CODE TO ESTABLISH REQUIREMENTS LIMITING
THE BURNING OF SOLID FUEL AND/OR REFUSE DURING DECLARED AIR
POLLUTION ALERTS
A summary of the principal provision of Ordinance No. 245 of the
City of Eagle, Idaho, adopted on April 26, 1994, is as follows:
Section 1: Amends Title 4, Eagle City Code, to include Chapter 6.
The Chapter shall be known and cited as the City of Eagle Clean Air
Ordinance.
4-6-1: Short Title
4-6-2: Authority and Purpose
4-6-3: Definitions
4-6-4: Air Quality Designations and Alert Criteria
4-6-5: Public Notification
4-6-6: Burning Solid Fuel or Refuse
4-6-7: Air Quality Alert/Additional Restrictions
4-6-8: Air Quality Alert Exemptions
4-6-9: Minimum Standard for Clean Burning Appliances
4-6-10: Applicability of Chapter
4-6-11: Penalty
Section 2: Provides for effective date.
The full text of Ordinance No. 245 is available at City Hall and
will be provided to any person for inspection upon personal request
during normal office hours.
DATED this 10 day of May , 1994.
City of Eagle
Ada County, Idle(
S
MAYOR STEVE GUERBER
Attest: s/
Barbara Montgomery
Eagle City Clerk
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the City
of Eagle, Idaho, hereby certify that I have read the attached
summary of Ordinance No. 245 of the City of Eagle, that the same is
true and complete and provides adequate notice to the public of the
contents of said Ordinance.
DATED this 1 day of May, 1994.
MONA MACK,'Attorney
City of Eagle
*Publish one time only.
G rE
PROOF OF PUBLIC/
County of Ada
State of Idaho
Co. St kinowgi being first duly sworn, on oath says that she is
the principal clerk of THE VALLEY NEWS, a newspaper
of general circulation, published weekly at Meridian,
County of Ada, State of Idaho;
That the annexed notice was published in said newspaper
once each and every week for 1 consecutive weeks,
First publication��being on the� i jqday of
II 1 ,19 ,1,nd the last publication
being on the day of ,19
That the said newspaper has been published continuously
and uninterruptedly in said county during a period of more
than seventy-eight consecutive weeks prior to the first
publication of the attached
Subscribed and sworn before me this
Residence:
(r<d-i
/4
Clerk
day of
My commission expires: 7 — 7 - q'7
(SEAL)
The Valley News
Summary of Ordinance No. 245
AN ORDINANCE OF THE CITY OF
EAGLE, ADA COUNTY, IDAHO,
AMENDING TITLE 4 OF THE
EAGLE CITY CODE TO ESTABLISH
REQUIREMENTS LIMITIN THE
BURNING OF SOLID DUEL AND/
OR REFUSE DURING DECLARED
AIR POLLUTION ALERTS
A summary of the principal provisions
of Ordinance No. 245 of the City of
Eagle, Idaho,adopted ciApni26,1994.
is as follows:
Section 1: Amends Title 4, Eagle City
Co de, to include Chapter6. The Chapter
shall be known and cited as the City of
Eagle Clean Air Ordinance:
4-6-1: Short Title
4-6-2: Authority and Purpose
4-6-3: Definitions
4-6-4: Air Quality Designations and
Alert Criteria
4-6-5: Public Notification
4-6-6: Burning Solid Fuel or Refuse
4-6-7: Air Quality Alert/Additional
Restrictions
4-6-8: Air Quality Alert Exemptions
4-6-9: Minimum Standard for Clean
Burning Appliances
4610: Applicability of Chapter
46-11: Penalty
Section 2: Provides for effective date.
The full text of Ordinance No. 245 u
available at City Hall and will be
provided to any person for inspection
upon personal request during normal
office hours.
DATED this 101h day of May 1994.
arY °
Ada County, Idaho
MAYOR STEVE GUERBER
Attest:
Barbara Montgomery
Eagle City Cleric
CERTIFICATION OF CITY
ATTORNEY
I,tbeundasignedCityAttomeyforand
legal advisartothe City of Eagle, Idaho,
hereby certify that I have read the
attached summary of Ordinance No.
245dthiCdyefEtaktimitka.1.
tnuandoompleteandpievidesadequate
notice to the public of the contents of
said Ordinance.
DATED this 10th day of May 1994.
MONA MACK, Attorney