West Reading Air Pollution Control Ordinance
ORDINANCE NO. _______
AN ORDINANCE OF THE BOROUGH OF WEST READING, BERKS COUNTY, PENNSYLVANIA,
ESTABLISHING AIR QUALITY MONITORING AND EMISSION STANDARDS
WHEREAS, the United States of America Clean Air Act, as amended, including Amendments of 1990,
and the Commonwealth of Pennsylvania Air Pollution Control Act of January 9, 1950 (P.L. 2119) (35 P.S.
Section 4001, et seq.), as amended, provide in part for the better protection of the health, general welfare
and property of the people of the Commonwealth by the abatement, reduction and prevention of the
pollution of the air by smokes, fumes, gases, odors, mists, vapors, and similar matter, or any
combination thereof; and
WHEREAS, the Federal and Commonwealth Legislatures have granted the power to local
municipalities to adopt more stringent air pollution standards than those provided within the cited Acts
pursuant to 35 P.S. Section 4012; and
WHEREAS, the Borough of West Reading Council has determined that existing Federal and
Commonwealth standards of Air Pollution Control measures are less stringent than desired; and
WHEREAS, the incineration of bodies, body parts, infectious and chemotherapeutic wastes collectively
represent the second largest known sources of mercury pollution in the U.S., according to the U.S.
Environmental Protection Agency.
WHEREAS, as required by 35 P.S. §4012(a), the Borough finds that the provisions of this Ordinance are
not less stringent than those of the Clean Air Act, the Pennsylvania Air Pollution Control Act, or the rules
and regulations promulgated thereunder;
NOW, THEREFORE, IT IS HEREBY ORDAINED AND ENACTED by the Borough Council of the Borough
of West Reading, Berks County, Pennsylvania, and IT IS HEREBY ENACTED AND ORDAINED by the
authority of the same as follows:
ARTICLE I – TITLE, PURPOSE AND AUTHORITY.
Section 1. Short Title. The Ordinance shall be known and may be cited as the “Borough of West
Reading Air Pollution Control Ordinance”.
Section 2. Purpose. The purpose and intent of this Ordinance is to ensure that the operation of any
incinerator of bodies, body parts, infectious and/or chemotherapeutic wastes within the Borough of West
Reading, Berks County, Pennsylvania, does not degrade the ambient air quality so as to adversely
impact the health, safety, general welfare and property of the people of the Borough of West Reading
and does not adversely impact plant and animal life or the comfort and convenience of the public and
natural resources of the Commonwealth through the addition of mercury pollution to the ambient air,
and to exercise the authority granted to the Township under the Pa. Air Pollution Control Act.
Section 3. Authority. This Ordinance is enacted pursuant to the authority granted to the Borough of
West Reading by all relevant Federal and State laws and their corresponding regulations, including,
without limitation, the following:
Pennsylvania Constitution, Article I, Section 27;
Pennsylvania Air Pollution Control Act 35 P.S. § 4012, which preserves the rights of municipalities to
adopt air pollution ordinances and regulations not less stringent than the requirements of the Clean Air
Act, the Pennsylvania Air Pollution Control Act, or rules and regulations promulgated thereunder;
Solid Waste Management Act, 35 P.S. § 6018.101 et seq., which preserves the rights and remedies of
municipalities concerning solid waste within their borders;
Municipal Waste Regulations, 25 Pa. Code §§ 271 and 275, et seq; and
Clear Air Act, 42 U.S.C. § 7401, et seq.
ARTICLE II - DEFINITIONS.
The following words and phrases when used within this Ordinance, unless the context clearly indicates
otherwise, shall have the meaning ascribed to them in this Article:
(1) Corporation – Any corporation organized under the laws of any state of the United States or
any country. The term “corporation” shall include all entities that possess limited liability characteristics,
including limited partnerships, limited liability partnership, non-profit organizations, business trusts,
limited liability corporations, governmental bodies and municipal authorizes organized under the laws of
any state or the United States or any country.
(2) Person – Natural persons, not including corporations.
(3) Biowaste Incinerator — Any structure or machine operated for the combustion (oxidation) of
any combination of the following: deceased human or other animal bodies or body parts, or waste that
is otherwise regulated as pathological, infectious or chemotherapeutic waste. Biowaste incinerators
shall include, but are not limited to medical waste incinerators, pathological waste incinerators and
crematoria.
(4) Facility — a biowaste incinerator.
(5) Continuous Emissions Monitoring System (or “CEMS”) — a pollution monitoring system that can
provide emissions data for a sampling period that covers the entire operating time of a facility. Such
devices used in the Ordinance must be certified by the U.S. Environmental Protection Agency’s
Environmental Technology Verification (ETV) Program or its successor agency.
(6) Borough Council — The Borough of West Reading, Berks County, Pennsylvania Council.
(7) Owner — The person or corporation that has the legal right of proprietorship of a facility. In cases
of emergency, facility operators may be notified in lieu of owners to promote timely responses to the
emergency.
(8) Responsible party — If the facility is owned and operated by a person, the responsible party is
that natural person. If the facility is owned and/or operated by a corporation, this term shall include all
officers and directors of any corporation that owns or operates the facility.
ARTICLE III - CERTIFICATIONS AND MONITORING.
Section 1. Certifications Required By Owners to the Borough Council. As a requirement for the
operation of a biowaste incinerator which may release mercury and thereby cause air pollution or
adverse environmental effects, the Borough Council shall, in considering the type of facility and degree
of potential air pollution or potential adverse environmental effects, require certain certifications by the
owner of said facility.
(a) The owner of a facility shall certify that any facility under their control will not exceed the limits for
contaminants specified within this ordinance.
(b) The owner of a facility shall certify that monies will be made immediately available to fund any and all
air pollution monitoring of the facility.
(c) The Borough Council may demand any further proof or require the posting of a bond by the owner of
a facility as deemed necessary to ensure compliance with any certification and may require the owner to
recertify on an annual basis.
(d) Certifications shall not be transferred or assigned to any other person or corporation.
(e) All certifications required under this ordinance shall be made under oath, and subject to the
penalties of perjury and false swearing.
Section 2. Air Pollution Monitoring.
(a) The operator of a facility must monitor for mercury at all times when the facility is in operation. CEMS
for which there exist U.S. Environmental Protection Agency or Pa. Department of Environmental
Protection standards must also comply with all such standards. CEMS must be used to measure
mercury concentrations on a standard basis for direct comparison with the mercury standard in Article IV
Section 1(a). It shall be unlawful for any person or corporation to construct, assemble, install or modify,
operate or continue to operate any facility which emits or which may emit mercury within the Borough of
West Reading, Berks County without full compliance with the provisions of this Section.
(b) Pollution monitoring shall be conducted by an engineering firm approved by the Borough Council
with results becoming the property of Borough of West Reading, Berks County, Pennsylvania. All costs
of monitoring shall be borne by the person or corporation owning the facility, with the owner of the facility
receiving immediate notice if emissions which are subject to the CEMS requirements under this
Ordinance exceed 85% of any emissions limitation established by law or regulation, and also if such
limitation is exceeded. The owner of the facility shall furnish funding for the monitoring on an advance
quarterly basis by cash or certified check made payable to the Borough and drawn upon a bank
authorized to do business within the Commonwealth of Pennsylvania. Failure to make advance payment
within two working days of the end of each quarter shall require cessation of operation of the facility until
such time as payment is received by the Borough.
(c) The engineering firm shall ensure that monitoring data is available in real-time to Borough
computers in a format acceptable to the Borough, where they shall be archived and made immediately
available on the Borough’s website at the expense of the facility owner. The engineering firm shall
ensure that the Borough Council and the facility owner or operator are immediately notified when
contaminant levels exceed 85% of, or violate, the maximum levels allowed under this Ordinance and
shall duly note the person(s), date and time such notification was given.
(d) CEMS must be started up at least twelve (12) hours before the commencement of facility operation,
unless the manufacturer of the CEMS certify, and Borough engineers agree, that the equipment can
sample accurately with a shorter warm-up time.
(e) Where applicable, non-detects shall be measured at half the detection limit.
(f) The facility owner and operator shall furnish written consent for the inspection of the facility at any time
by the designees of the Borough Council for the purpose of assuring compliance with this Ordinance.
Such designees shall be permitted entry upon any property or into any building, premises or place on
which or within which a biowaste incinerator may be located and to inspect the emissions monitoring
equipment as may be necessary to ensure that such equipment is operational, is operating properly
and is being used as intended by the manufacturer and in accordance with this Ordinance.
(g) Exceeding the established levels of contaminant releases as may be shown by continuous
emissions monitoring shall constitute prima facie evidence that a violation has occurred.
(h) The facility owner and operator shall permit the installation of such monitoring devices,
measuring equipment, indicators or alarms as deemed necessary by the engineering firm approved by
the Borough Council.
(i) Violation(s) of any provision within this section shall constitute a misdemeanor and penalties
may be assessed whether the violations were willful.
Section 3. Proof of Financial Responsibility. As a requirement for the operation of any biowaste
incinerator which may release mercury and thereby cause air pollution or adverse environmental effects,
the Borough Council shall, in considering the type of facility and degree of potential air pollution or
potential adverse environmental effects, require proof of financial responsibility or security assuring the
proper construction, operation and maintenance of CEMS in the form of a bond or other legal instrument
of a form acceptable to the Borough Council, payable to Borough of West Reading which guarantees
proper construction, repair, operation and maintenance, inspections and monitoring of the facility and
removal if necessary. The amount of such bond or legal instrument shall he sufficient to cover all costs
of entry, correction, repair, operation, maintenance, inspection or monitoring of the CEMS in the event of
failure by the owner to comply with the provisions of this ordinance or any order issued hereunder.
ARTICLE IV - MERCURY EMISSION LIMITS.
Section 1. Emission Limits.
(a) Mercury Emissions — The mercury emissions limit for each biowaste incinerator shall be 0.05
mg/Nm3. It shall be unlawful to emit more than this limit. In calculating compliance with this limit, data
may be averaged on a three hour basis. Such averaging shall not include data from times when waste
is not being fed into the incinerator.
(b) In cases where the average weekly emissions exceed the mercury emissions limit, waste feed shall
be cut off and operations shall be immediately ceased until corrective action is taken.
Section 2. Adoption and Incorporation of Other Limits and Standards. To the extent a more stringent
standard, limit, or requirement for the emission of air contaminants or a standard of performance for any
facility defined in this Ordinance as a biowaste incinerator is not expressly set forth herein, the Borough
adopts and incorporates by reference herein the standards, limits, and requirements for the emission of
air contaminants, and Standards of performance for stationary sources, as promulgated by the U.S.
Environmental Protection Agency pursuant to the Clean Air Act or by the Commonwealth of Pennsylvania
pursuant to the Air Pollution Control Act or any other relevant statutes. It is expressly the intent of the
Borough in adopting these standards, limits, requirements, and standards of performance, to make
them independently enforceable by the Borough of West Reading.
Section 3. Best Available Technology. To the extent that either the U. S. Environmental Protection Agency
or the Pennsylvania Department of Environmental Protection determines that a control technology is
reasonably available to reduce or minimize the emission of air contaminants from a stationary source,
each stationary source within the Borough shall modify its facility so as to utilize the control technology
within such time as the Borough Council may reasonably determine. The Borough Council shall notify
the facility of the time period within which it must modify the facility to utilize the control technology. It shall
be the responsibility of the facility to obtain such permits and approvals for the modification of the facility
as are necessary under state and federal law.
Section 4. Unlawful Conduct. It shall be unlawful for any person or corporation to:
(a) Fail to comply with any provision of this Ordinance including but not limited to the provisions of
Section 2 above;
(b) Violate or assist in the violation of any of the provisions of this ordinance.
(c) Attempt to circumvent any provision of this Ordinance through misrepresentation or failure to disclose
all relevant facts, Nothing in this Ordinance shall be construed to affect the application of provisions of
the Crimes Code, Title 19 of the Pennsylvania Consolidated Statutes relating to perjury, false swearing
or unsworn falsification to authorities.
(d) Intentionally obstruct, impair or interfere with the administration of this Ordinance by the Borough
Council or their designees by force, violence, physical interference or obstacle or any other unlawful act.
Nothing in this Ordinance shall be construed to affect the application of Section 5101 of the Crimes
Code, Title 2le of the Pennsylvania Consolidated Statutes as to obstructing administration of law or
other governmental function.
(e) Tamper or interfere with any sample, process, device, equipment, computer hardware or software,
indicator or alarm, report, electrical power, pipe, gas or other media so as to affect or alter any sample,
process, device, equipment, indicator or alarm, report, electrical power, pipe, gas or other media used in
the gathering and analysis of samples or the reporting of sample analysis as may he required the
Borough Council in the administration of this ordinance.
ARTICLE V – DECLARATION OF PUBLIC NUISANCES.
The emission of mercury into the atmosphere of Borough of West Reading except in conformity with this
Ordinance is hereby declared to be public nuisance, abatable in the manner prescribed by law.
ARTICLE VI – COMPLIANCE ORDERS.
Whenever the Borough Council has reason to believe that there has been a violation of this Ordinance
or other State or Federal Law, or any of the rules and regulations promulgated pursuant thereto or a
misrepresentation of any certification, the Borough Council shall, in addition to any other remedy
available to it, and in the absence of an emergency situation requiring prompt action, give written notice
of such violation to, the owner or operator of the facility, and therein order such corrective measures as
are deemed reasonable and necessary to cure the violation. This notice shall state the nature of the
violations and shall allow a reasonable time for the performance of the necessary corrective measures.
If the owner or operator of the facility fails to carry out the corrective measures set forth in the notice,
within the time period states therein, the Borough Council shall institute such other actions as may be
deemed necessary to terminate the violation.
ARTICLE VII - PENALTIES.
In accordance with the Pa. Air Pollution Control Act, 35 P.S. 4012(g), providing that civil and criminal
penalties for air pollution violations be uniform throughout the Commonwealth, and further providing that
“the penalties and remedies set forth in this act be the penalties and remedies available for
enforcement of any municipal air pollution ordinances or regulations, and shall be available to any
municipality, public official, or other person having standing to initiate proceedings for the enforcement
of such municipal ordinances or regulations” the criminal and civil penalties for violation of this
Ordinance shall be the following:
Section 1. Criminal Penalties
(a) Notwithstanding any other provisions herein, any responsible party that violates any provision of this
Ordinance or any of the rules and regulations pursuant hereto or who misrepresents any certification
upon conviction of such offense in a summary proceeding shall be subject to a fine or no less than Two
Hundred Dollars ($200) and no more than Two Thousand Five Hundred Dollars ($2,500), plus costs of
prosecution or, in default of the payment of such fine, be imprisoned for not less than one (1) day and no
more than one (1) year. Each day of violation or misrepresentation of certification shall constitute a
separate offense and each one percent (1%) above the emissions limit shall also constitute a separate
offense.
Section 2. Any responsible party that, within two years after a conviction in a summary proceeding as
provided in Section I above engages in unlawful conduct as defined in this ordinance is guilty of a
misdemeanor of the third degree and, upon conviction, shall be sentenced to pay a fine of not less than
Five Hundred Dollars ($500) nor more than Five Thousand Dollars ($5,000) for each separate offense
or, in default of the payment of such fine, to imprisonment for a period of not less than one (1) day and
no more than one year. Each day of violation or occurrence of misrepresentation of certification shall
constitute a separate offense.
In addition to proceeding under any other remedy available at law or in equity for a violation of a provision
of this Ordinance, the Borough may initiate criminal proceedings against the responsible party pursuant
to 35 P.S. Section 4009.
ARTICLE VIII – CIVIL PENALTIES.
(a) Any responsible party that violates any provision of this Ordinance, or any compliance order issued
pursuant to Article VI hereof, shall pay to the Borough of West Reading a civil penalty in the amount
assessed by Borough Council. The penalty may be assessed whether or not the violation was willful.
The civil penalty so assessed may not exceed Ten Thousand Dollars ($10,000.00) per day for each
violation. In determining the amount of the penalty, the Borough may consider the willfulness of the
violation; damage to air, soil, water or other natural resource or their uses; financial benefit to the person
or corporation in consequence of the violation; deterrence of future violations; cost to the borough; the
size of the source or facility; the compliance history of the source; the severity and duration of the
violation; degree of cooperation in resolving the violation; the speed with which compliance is ultimately
achieved; whether the violation is voluntarily reported; other factors unique to the owners or operators of
the source or facility; and other relevant factors.
(b) When the Borough proposes to assess a civil penalty, it shall inform the owner of the proposed
amount of the penalty. The owner charged with the penalty shall then have thirty (30) days to pay the
proposed penalty in full, or if the owner wishes to contest the amount of the penalty or the fact of the
violation the extent not already established, the owner shall forward the proposed amount of the penalty
to the borough within the thirty (30) days period for placement in an escrow account with any
Commonwealth bank.
ARTICLE IX. ABATEMENT AND INJUNCTIONS.
Notwithstanding any other provision herein, if the Borough Council finds any person or corporation is
operating a facility without complying with the requirements of this Ordinance, or any of the rules and
regulations promulgated thereunder, the Borough Council may, in addition to other remedies that may
be available to it, order the immediate discontinuance of such violations, or order other compliance.
Failure to comply with such an order of discontinuance, or any other order of compliance issued by the
Township, shall constitute a violation of this Ordinance. In addition to all other remedies, upon a failure
to comply with such order the Township may secure a temporary restraining order, a preliminary
injunction, a permanent injunction or other appropriate relief or declare the operation a public nuisance,
and order the immediate abatement of same, with the costs of such abatement to be borne and
assessed in accordance with law.
ARTICLE X – SEVERABILITY.
Each separate provision of this Ordinance shall be deemed independent of any other provision of this
Ordinance, and if any provision, sentence, clause, section or part hereof is held to be illegal, invalid or
unconstitutional or inapplicable to any person, corporation or circumstances, such illegality, invalidity,
unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences,
clauses, sections, or parts of this Ordinance or their application to other parts or circumstances. It is
hereby declared to be the legislative intent that this Ordinance would have been enacted as if such
illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included
herein, and as if the person, corporation or circumstances to which this Ordinance, or any part hereof in
inapplicable had bee specifically exempted there from.
ARTICLE XI – EFFECTIVE DATE.
This Ordinance shall become effect upon enactment.
DULY ENACTED AND ORDAINED this ____ day of _______________, 2006.
BOROUGH OF WEST READING
By:____________________________________
Attest:____________________________________
Examined and approved this ____ day of __________, 2006.
____________________________________
Mayor
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