| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | General Assembly Substitute Bill No. 830 | |
| 2 | - | January Session, 2011 *_____ | |
| 2 | + | January Session, 2011 *_____SB00830ENV___032211____* | |
| 3 | 3 | ||
| 4 | 4 | General Assembly | |
| 5 | 5 | ||
| 6 | 6 | Substitute Bill No. 830 | |
| 7 | 7 | ||
| 8 | 8 | January Session, 2011 | |
| 9 | 9 | ||
| 10 | - | *_____ | |
| 10 | + | *_____SB00830ENV___032211____* | |
| 11 | 11 | ||
| 12 | 12 | AN ACT PROHIBITING THE USE OF CERTAIN OUTDOOR WOOD-BURNING FURNACES. | |
| 13 | 13 | ||
| 14 | 14 | Be it enacted by the Senate and House of Representatives in General Assembly convened: | |
| 15 | 15 | ||
| 16 | 16 | Section 1. Section 22a-174k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): | |
| 17 | 17 | ||
| 18 | 18 | (a) For purposes of this section, "residence" means any structure customarily used for human habitation. "Residence" does not include any structure or portion of any structure that is not customarily used for human habitation that is contiguous to a structure customarily used for habitation; and "outdoor wood-burning furnace" means an accessory structure or appliance designed to be located outside living space ordinarily used for human habitation and designed to transfer or provide heat, via liquid, hot air or other means, through the burning of wood or solid waste, for heating spaces other than where such structure or appliance is located, any other structure or appliance on the premises, or for heating domestic, swimming pool, hot tub or jacuzzi water. "Outdoor wood-burning furnace" does not include a fire pit, wood-fired barbecue or chiminea. | |
| 19 | 19 | ||
| 20 | - | (b) No person shall, | |
| 20 | + | (b) No person shall, from July 8, 2005, to [the effective date of regulations promulgated by the United States Environmental Protection Agency to regulate outdoor wood-burning furnaces] September 30, 2011, inclusive, construct, install, establish, modify, operate or use an outdoor wood-burning furnace, unless (1) the outdoor wood-burning furnace was constructed, installed, established, modified, operated or in use prior to July 8, 2005, or (2) the outdoor wood-burning furnace complies with the following: | |
| 21 | 21 | ||
| 22 | 22 | (A) [Installation of the] The chimney of the outdoor wood-burning furnace is not less than two hundred feet from the nearest exterior wall of an existing residence not serviced by the outdoor wood-burning furnace; | |
| 23 | 23 | ||
| 24 | 24 | (B) Installation of the chimney of the outdoor wood-burning furnace is at a height that is more than the height of the existing roof peaks of the residences that are located within five hundred feet of the outdoor wood-burning furnace, which residences are not serviced by the outdoor wood-burning furnace, provided the chimney height is not more than fifty-five feet; | |
| 25 | 25 | ||
| 26 | 26 | (C) No other materials are burned in the outdoor wood-burning furnace other than wood that has not been chemically treated or wood pellets; and | |
| 27 | 27 | ||
| 28 | 28 | (D) Installation and operation of the outdoor wood-burning furnace is in accordance with the manufacturer's written instructions, provided such instructions do not conflict with the provisions of this section. | |
| 29 | 29 | ||
| 30 | - | (c) On and after October 1, 2011, no person shall construct, install, establish, modify, operate or use an outdoor wood-burning furnace, unless such outdoor wood-burning furnace meets a Phase II emission standard with a particulate matter emission limit of 0.32 pounds per MMBtu heat output. | |
| 30 | + | (c) On and after October 1, 2011, no person shall construct, install, establish, modify, operate or use an outdoor wood-burning furnace, unless (1) the outdoor wood-burning furnace was constructed, installed, established, modified, operated or in use prior to October 1, 2011, and, if applicable, was installed and is operated in accordance with subparagraphs (A) to (D), inclusive, of subsection (b) of this section, or (2) such outdoor wood-burning furnace meets a Phase II emission standard with a particulate matter emission limit of 0.32 pounds per MMBtu heat output and is installed and operated in accordance with subparagraphs (A) to (D), inclusive, of subsection (b) of this section. | |
| 31 | 31 | ||
| 32 | 32 | [(c)] (d) The provisions of this section shall be enforced by the Commissioner of Environmental Protection and may be enforced by the municipality affected by the operation or potential operation of an outdoor wood-burning furnace. Any municipality may regulate or institute a prohibition on the operation or use of outdoor wood-burning furnaces for the period beginning May fifteenth and ending September fifteenth, or any period of time between such dates, provided nothing in this subsection shall be construed to affect any municipal ordinance or regulation concerning the operation or use of outdoor wood-burning furnaces. Any local director of health also may enforce the provisions of this section. | |
| 33 | 33 | ||
| 34 | 34 | [(d)] (e) Any person who operates an outdoor wood-burning furnace in violation of this section shall be deemed to have committed [an infraction] a violation and shall be fined not more than [ninety] two hundred fifty dollars for a first violation. Each subsequent day of operation of such outdoor wood-burning furnace in violation of this section following such first violation shall be a separate violation and shall carry a fine of one hundred dollars for each such subsequent day. | |
| 35 | 35 | ||
| 36 | 36 | (f) Nothing in this section shall be construed to prohibit the replacement or modification of any outdoor wood-burning furnace to meet a Phase II emission standard. | |
| 37 | 37 | ||
| 38 | 38 | ||
| 39 | 39 | ||
| 40 | 40 | ||
| 41 | 41 | This act shall take effect as follows and shall amend the following sections: | |
| 42 | 42 | Section 1 October 1, 2011 22a-174k | |
| 43 | 43 | ||
| 44 | 44 | This act shall take effect as follows and shall amend the following sections: | |
| 45 | 45 | ||
| 46 | 46 | Section 1 | |
| 47 | 47 | ||
| 48 | 48 | October 1, 2011 | |
| 49 | 49 | ||
| 50 | 50 | 22a-174k | |
| 51 | 51 | ||
| 52 | + | Statement of Legislative Commissioners: | |
| 53 | + | ||
| 54 | + | In subsection (d), the phrase "In addition to section 19-3-B2 of the Public Health Code," was deleted for purposes of clarity. Subsection (e) was rephrased for clarity. | |
| 52 | 55 | ||
| 53 | 56 | ||
| 54 | - | PD Joint Favorable Subst. | |
| 55 | 57 | ||
| 56 | - | PD | |
| 58 | + | ENV Joint Favorable Subst. | |
| 59 | + | ||
| 60 | + | ENV | |
| 57 | 61 | ||
| 58 | 62 | Joint Favorable Subst. |