LA PORTE - The effectiveness of a county ordinance governing outdoor wood boilers, which took effect Nov. 21, is getting mixed reviews.
County Commissioners approved an ordinance in 2007 specifying how OWB units should be installed, operated and maintained.
Owners must provide a copy of the manufacturer's specifications to verify compliance. The ordinance prohibits use of OWBs between May 15 and Sept. 15, and all units must be placed at least 25 feet from the property line. The ordinance also covers chimney height and the type of wood used. Only seasoned, dry wood without paint, varnish or other treatments can be used. Violation can result in a $750 fine.
Tony Mancuso, La Porte County Health Department environmental supervisor, said no fines have been issued, and only three complaints have been received. As a result of the ordinance, 120 owners have registered OWBs, a number that surprised Mancuso.
"I didn't know there were that many out there," he said. "I thought there might be about 50. It's a good idea to have the ordinance and to know where they're at."
Allan and Debbie Bottorff, 9796 S. County Road 225 West, say they suffer from the effects of an OWB when wind blows from the south. Allan Bottorff said he gets nauseous from the smoke and Debbie Bottorff, an asthmatic, has to wear a respirator.
The ordinance makes it easier for the Bottorffs to go outside four months of the year, but the other eight months can be problematic. Allan Bottorff said even though he has installed air purifiers, they don't eliminate the problem.
The Bottorffs filed a complaint against OWB owner Henry Pacione. Allan said that, one day, they were suffering from OWB emissions while Pacione was burning stacks of painted wood.
Patty Nocek of the La Porte County Health Department responded, Allan Bottorff said, telling Pacione to stop burning the painted wood. Pacione told The News-Dispatch he removes the wood crates from the company he works for, and only the ends are "spray painted very lightly."
He said he will remove the ends before using the rest of the wood.
Pacione was not fined.
Health Department Director Paul Trost said his department doesn't have the authority to issue a ticket, and fines only can be levied by a court.
"I think we came up with a pretty good ordinance. If we get a complaint, we would address it very diligently, to make sure we're doing things properly," Trost said. * * *
[Phil] Coil and his wife, Marguerite, live at 3275 N. Wozniak Road near an OWB owner they say seems to have found a loophole in the county ordinance.
A nearby neighbor had an outdoor wood burner but no longer uses it. Instead, he installed a new Blue Forge gasification outdoor wood furnace inside a pole barn, making it an indoor wood burner. County officials say the ordinance doesn't apply in this case.
The Coils said the new unit burns hotter and the smell is less noticeable than the one outdoors, but the smell is not their only concern.
"It is still sending out particulate matter that can travel miles and miles," Marguerite Coil said. "No one seems to know anything about whether it's a health hazard."
The Coils asked Commissioners President Bill Hager to check out the indoor wood burner, but said he never did.
Hager said the ordinance is working just fine and doesn't need any changes.
The Coils disagree. They said five homeowners in their area have been bothered by the nearby OWB, and one has already moved for the health of a daughter with asthma.
"What's the difference if it bothers one or 10 people?" Phil Coil said.
County Building Commissioner Ray Hamilton said his office is responsible for registering new OWBs, but very few have been submitted. Hamilton said the ordinance took effect at a time of year when the units already would have been installed.
It remains to be seen whether more will be registered this spring and summer, Hamilton said. A permit for new construction costs $50 and must be obtained before installation.
Marguerite Coil says she continues to be frustrated by the ordinance.
"They try to ban smoking so we're not smelling secondhand smoke," she said, "but it's OK to smell this."
Posted by Marcia Oddi on February 12, 2008 01:14 PM
Posted to Environment
http://indianalawblog.com/archives/2008/02/environment_eff.html
Note the loophole....
