[Ord. No. 7-6-71; 1967 Code § 3-1]
This chapter shall be known, and may be cited as the "Air Pollution
Control Code of the Township."
[Ord. No. 7-6-71; 1967 Code § 3-2]
It is hereby declared that pollution of the atmosphere by smoke,
cinders, soot, fly ash, gases, fumes, vapors, odors, dust and other
contaminants is a menace to the health, welfare and comfort of the
residents of the Township and a cause of substantial damage to property.
For the purpose of controlling and reducing atmospheric pollution,
it is hereby declared to be the policy of the Township to minimize
air pollution as herein defined and prohibit excessive emission of
the same; to establish standards governing the installation, maintenance
and operation of equipment and appurtenances relating to combustion
which are a source or potential source of air pollution; and in furtherance
of this purpose to cooperate and coordinate these efforts with the
State Department of Health, Air Pollution Control Program.
[Ord. No. 7-6-71; 1967 Code § 3-3]
As used in this chapter:
The presence in the outdoor atmosphere of one or more air
contaminants in such quantities and duration as are, or tend to be,
injurious to human health or welfare, to animal or plant life, or
to property, or would unreasonably interfere with the enjoyment of
life or property throughout the Township as shall be affected thereby,
and excludes all aspects of employer-employee relationship as to health
and safety hazards.
Those chemicals used as insecticides, rodenticides, fungicides,
herbicides, nematocides or defoliants.
Any furnace, boiler, water heater, device, mechanism, stoker,
burner, stack, oven, stove, kiln, still or other apparatus, or a group
of collection of such units in the process of fuel burning for the
generation of heat or power. Refuse-burning equipment shall be considered
incinerators as herein defined and not as "fuel-burning equipment"
under this definition. Ovens, stoves or ranges used exclusively for
domestic cooking purposes are not included herein.
Any device, apparatus, equipment or structure used for destroying,
reducing or salvaging by fire any material or substance, including
but not limited to refuse, rubbish, garbage, debris or scrap or facilities
for cremating human or animal remains.
A property of a substance which affects the sense of smell.
Any fire wherein the products of combustion are emitted into
the open air and are not directed thereto through a stack or chimney.
Any person who has care, custody or control of a building
or premises, or a portion thereof, whether with or without knowledge
of the owner thereof.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof; or who shall have charge,
care or control of any premises or part thereof, including but not
limited to a dwelling or dwelling unit, as owner or agent of the owner,
or as a fiduciary, including but not limited to a dwelling or dwelling
unit, as owner or agent of the owner, or as a fiduciary, including
but not limited to executor, administrator, trustee, receiver, guardian
or as a mortgagee in possession regardless of how such possession
was obtained. Any person who is a lessee or sublessee of all or any
part of any premises, including but not limited to a dwelling or dwelling
unit, shall be deemed to be a co-owner with the lessor and shall have
joint responsibility with the owner over the premises or portion thereof
so leased or subleased.
And include corporations, companies, associations, societies,
firms, partnerships and joint-stock companies, as well as individuals.
All putrescible and nonputrescible wastes (except body wastes),
and shall include but not be limited to garbage, rubbish, yard trimmings,
leaves, ashes, street cleanings, dead animals, abandoned automobiles
and solid market and industrial wastes.
A Ringelmann's Scale for Grading the Density of Smoke,
published by the United States Bureau of Mines, or any chart, recorder,
indicator or device for the measurement of smoke density which is
approved by the State Department of Health of the State of New Jersey,
as the equivalent of the Ringelmann's Scale.
Solids not considered to be highly flammable or explosive,
and shall include but not be limited to rags, old clothes, leather,
rubber, carpets, wood, excelsior, paper, ashes, tree branches, yard
trimmings, furniture, tin cans, crockery, masonry and other similar
materials.
Any business, trade or industry engaged in whole or in part
in salvaging or reclaiming any product or material, including but
not limited to metals, chemicals, shipping containers or drums.
Small gas-borne and air-borne particles arising from a process
of combustion in sufficient number to be observable.
All solid or liquid material or rubbish resulting from construction,
building operations or the prosecution of any business, trade or industry,
and shall include but not be limited to plastic products, cartons,
paint, grease, oil and other petroleum products, chemicals, cinders
and other forms of solid or liquid waste materials.
[Ord. No. 7-6-71; 1967 Code § 3-4]
a.Â
No person shall cause, suffer, allow or permit open burning of refuse
or plant life nor conduct a salvage operation by open burning, except
as provided in paragraph b, below.
b.Â
The open burning of trade waste is not prohibited where no other
known method of disposal can be used without hazard to health or property
and the required affidavit has been filed with and approved by the
Commissioner of the New Jersey State Department of Health in accordance
with Chapter 2, Section 1.4 of the New Jersey Air Pollution Control
Code.
[Ord. No. 7-6-71; 1967 Code § 3-5; New]
a.Â
All fuel-burning equipment or incinerators shall comply with the
Air Pollution Control Code and shall not be put into use or reconstructed
without the approval of the Plumbing Subcode Official.
b.Â
No person shall cause, suffer, allow or permit smoke from any fuel-burning
equipment, the shade or appearance of which is darker than No. 1 of
the Ringelmann Smoke Chart, to be emitted into the open air.
c.Â
The provisions of this section shall not apply to smoke emitted during
the cleaning of a fire box or the building of a new fire, the shade
or appearance of which is not darker than No. 2 of the Ringelmann
Smoke Chart, for a period or periods aggregating no more than three
minutes in any 15 consecutive minutes.
[Ord. No. 7-6-71; 1967 Code § 3-6A]
No person shall cause, suffer, allow or permit, smoke from any
incinerator, the shade or appearance of which is darker than No. 1
of the Ringelmann Smoke Chart, to be emitted into the open air; or
emissions of such opacity within a stack or chimney, or exclusive
of water vapor, of such opacity leaving a stack or chimney to a degree
greater than the emission designated as No. 1 of the Ringelmann Smoke
Chart.
[Ord. No. 7-6-71; 1967 Code § 3-6B]
The provisions of subsection BH:16-6.1 shall not apply to smoke
emitted during the building of a new fire, the shade or appearance
of which is not darker than No. 2 of the Ringelmann Smoke Chart, for
a period of no longer than three consecutive minutes; or to emissions
of such opacity within a stack or chimney or exclusive of water vapor,
of such opacity leaving a stack or chimney to a degree which is not
greater than the emissions designated as No. 2 of the Ringelmann Smoke
Chart, for a period no longer than three consecutive minutes.
[Ord. No. 7-6-71; 1967 Code § 3-6C]
No person shall cause, suffer, allow or permit the emission
of particles of unburned waste or ash from any incinerator which are
individually large enough to be visible while suspended in the atmosphere.
[Ord. No. 7-6-71; 1967 Code § 3-6D]
No person shall construct, install, use or cause to be used
any incinerator which will result in odors being detectable by sense
of smell in any area of human use or occupancy.
[Ord. No. 7-6-71; 1967 Code § 3-6E]
No person shall operate, and no owner or operator of any building
in the Township shall permit the operation of, an incinerator prior
to 7:00 a.m. or after 5:00 p.m. of any day, and all operation shall
be completely terminated by 5:00 p.m., including complete extinction
of the fire and removal of material in a safe manner from the firebox
to a noncombustible container; provided, however, that by special
permit, the Sanitary Inspector with the approval of the Board of Health,
may, because of exceptional circumstances, permit different hours
of operation under such conditions as he shall deem necessary for
the health, safety and welfare of the public or of persons in the
vicinity.
[Ord. No. 7-6-71; 1967 Code § 3-7]
No person or owner of property, and no person having possession
or control of property, shall cause, suffer, allow or permit to be
emitted into the open air substances in such quantities as shall result
in air pollution. The provisions of this section shall not apply to
the use of economic poisons.
[Ord. No. 7-6-71; 1967 Code § 3-8A]
All buildings and premises subject to this Code are subject
to inspection by the Sanitary Inspector or his duly authorized representatives.
All rooms and areas in the building shall be available and accessible
for such inspection which shall be made during usual business hours
if the premises are used for nonresidential purposes; provided, however,
that inspections may be made at other times if the premises are not
available during the foregoing hours for inspection or there is reason
to believe that violations are occurring on the premises which can
only be apprehended and proved by inspection during other than the
prescribed hours; or there is reason to believe a violation exists
of a character which is an immediate threat to health or safety requiring
inspection and abatement without delay.
[Ord. No. 7-6-71; 1967 Code § 3-8]
Emergency inspections may be authorized without warrant if the
Sanitary Inspector has reason to believe that a condition exists which
poses an immediate threat to life, health or safety. Such procedure
shall take place only where the time required to apply for and secure
the issuance of a warrant would render ineffective the immediate action
necessary to abate the condition. Emergency inspections may also be
authorized by the Governor in times of air pollution emergencies in
accordance with N.J.S.A. 26:2C-32. Where the Sanitary Inspector, or
his duly authorized representative, is refused entry or access or
is otherwise impeded or prevented by the owner, occupant or operator
from conducting an inspection of the premises, such person shall be
in violation of this Code and subject to the penalties hereunder.
[Ord. No. 7-6-71; 1967 Code § 3-8C]
a.Â
The Sanitary Inspector may, upon affidavit, apply to the Judge of
the Municipal Court of the Township for a search warrant setting forth
factually the actual conditions and circumstances that provide a reasonable
basis for believing that a nuisance or violation of the Code may exist
on the premises, including one or more of the following:
1.Â
The premises require inspection according to the cycle established
by the Board of Health of the Township, for periodic inspections or
premises of the type involved.
2.Â
Observation of external conditions (for example, smoke, ash, soot,
odors) of the premises and its public areas has resulted in the belief
that violations of this Code exist.
3.Â
Circumstances such as age and design of fuel-burning equipment and/or
system, types of incinerator, particular use of premises or other
factor which renders systematic inspections of such buildings necessary
in the interest of public health and safety.
b.Â
If the Judge of the Municipal Court is satisfied as to the matters
set forth in the affidavit, he shall authorize the issuance of a search
warrant permitting access to and inspection of that part of the premises
on which the nuisance or violation may exist.
[New]
Any person who shall violate any of the provisions of this Code,
or who shall fail to comply therewith or with any of the requirements
thereof, shall be subject to the General Penalty established in Section
BH:1-3 of this Code.
[Ord. No. 7-6-71; 1967 Code § 3-10]
This Code is to be liberally construed to effectuate the purposes
herein described. Nothing herein is to be construed as repealing or
abridging the emergency powers of any agency of government except
to the extent expressly set forth herein.
