Township of East Hanover, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of East Hanover 11-3-1988 by Ord. No. 34-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution control (Board of Health) — See Ch. 170.
Table III

§ 54-1 Title.

This chapter shall be known and cited as the "Air Pollution Control Code of the Township of East Hanover."

§ 54-2 Findings and policy.

It is hereby declared that air pollution is a menace to the health, welfare and comfort of the residents of the Township of East Hanover and a cause of substantial damage to property. For the purpose of preventing and reducing atmospheric pollution, it is hereby declared to be the policy of the township to minimize air pollution as herein defined and to establish standards governing the installation, maintenance and operation of equipment and appurtenances relating to any source or potential source of air pollution.

§ 54-3 Definitions.

The following terms, wherever used herein or referred to in this chapter, shall have the respective meanings assigned to them, unless a different meaning clearly appears from the context:
AIR CONTAMINANT
Solid particles, liquid particles, vapors or gases which are discharged into the outdoor atmosphere.
AIR CONTAMINATION SOURCE
Any point source which emits an air contaminant from a manufacturing or storage process, excluding fuel-burning units and incinerators which are regulated under § 54-19 of this chapter.
AIR POLLUTION
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, animal or plant life or property or would unreasonably interfere with the enjoyment of life or property.
ALTERATION
Any change made to equipment or control apparatus or the use thereof or in a process, including but not limited to any physical change, change in material being processed or a change in the rate of production, except where such a production rate change does not increase the quantity of air contaminant emitted or does not change the quality or nature of the air contaminant emitted. This term shall include replacement of the equipment or control apparatus if the replacement is not equivalent for the purpose of air pollution control to that which is being replaced or does not continue to represent advances in the art of air pollution control developed for the kind and amount of air contaminant emitted.
AMENDMENT
Any revision to a permit or operating certificate which does not reflect a change in the quality, nature or quantity of emissions to the outdoor atmosphere or a change in the effect of the emissions on ambient air quality. The term shall not include alteration. The term shall include replacement of the equipment or the control apparatus if the replacement is equivalent for the purposes of air pollution control to that which is being replaced and continues to represent advances in the art of air pollution control developed for the kind and amount of air contaminant emitted. A revision to a permit or operating certificate for the sole purpose of registering a change in the contents of a storage tank, which change does not require any physical or mechanical alteration of the equipment or additional air pollution control requirements, shall be considered an amendment. However, in the event a permit or operating certificate has not been issued by the Department for a storage tank prior to a change in content, then such a change in content will constitute an alteration requiring a permit and operating certificate.
ASBESTOS
Actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite.
ASPHALT
A solid, semisolid or liquid material of which the main constituents are bitumens.
CONSERVATION VENT
Any valve designed and used to reduce evaporation losses of volatile organic substances by limiting the amount of air admitted to, or vapors released from the vapor space of a closed storage vessel.
CONSTRUCTION BALLAST
The filling of an underground tank with gasoline to provide stability during construction.
CONTROL APPARATUS
Any device which prevents or controls the emission of any air contaminent.
CUTBACK ASPHALT
Any paving asphalt which has been liquefied by blending with petroleum solvents or produced directly from the distillation of petroleum and having vaporization properties similar to the blended and liquefied asphalt.
DELIVERY VESSEL
Any mobile storage tank, including but not limited to tank trucks or railroad tank cars.
DIESEL MOTOR
A mechanism for converting energy into mechanical force and motion by using a compression-ignition type of internal combustion engine.
DIESEL-POWERED MOTOR VEHICLE
A self-propelled vehicle designed primarily for transporting persons or properties on a public street or highway which is propelled by a compression-ignition type of internal combustion engine.
DIRECT HEAT EXCHANGER
Equipment in which heat from the combustion of fuel is transferred to a substance being heated so that the latter is contacted by the products of combustion and may contribute to the total effluent.
DIRECTOR OF AIR POLLUTION CONTROL OR DIRECTOR
The person or persons who are authorized by this chapter to exercise the powers prescribed by this text.
DOUBLE-SEAL FLOATING ROOF
A floating roof with two complete and separate seal-envelope combinations, one above the other, containing an enclosed space between them. At least one of the seals must be supported by a mechanism which maintains constant seal contact with the inner surface of the vessel walls, despite surface and attitude irregularities.
ECONOMIC POISONS
Those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides or defoliants.
EMULSIFIED ASPHALT
Asphalt which has been liquefied by mixing with water and an emulsifying agent.
EQUIPMENT
Any device capable of causing the emission of an air contaminant into the outdoor atmosphere, and any stack, chimney, conduit, flue, duct, vent or similar device connected or attached to or serving the equipment. This shall include equipment in which the preponderance of the air contaminants emitted is caused by a manufacturing process.
EXTERNAL FLOATING ROOF
A movable roof in an otherwise open-top storage vessel consisting of a floating deck resting on the surface of the liquid contents, a continuous seal supported against the inner surface of the tank shell and an envelope closing the gap between the floating deck and the seal, the entire deck-seal-envelope combination free to rise and fall with the surface of the liquid during filling and emptying of the storage vessel.
FACILITY
The combination of all structures, buildings, equipment, storage vessels, source operations and other operations located on one or more contiguous or adjacent properties owned or operated by the same person.
FILL PIPE
A device through which liquid is transferred into a receiving vessel.
FLOATING ROOF
An external or internal pontoon-type or double-deck-type roof resting on the surface of the liquid contents in a storage vessel and equipped with a mechanism providing one or more tight seals in the space between the floating roof rim and the vessel shell throughout the entire vertical travel distance of the roof, or any other floating-type mechanism approved by the Department of Environmental Protection for the purpose of preventing air contaminants from being discharged into the outdoor atmosphere.
FRIABLE MATERIAL
Any material which can be crumbled, pulverized or reduced to powder by hand pressure.
FUEL
Solid, liquid or gaseous materials used to produce useful heat by burning.
GARBAGE
Waste animal or vegetable matter from houses, kitchens, restaurants, hotels, produce markets or any other source or food of any kind to be thrown away.
GASOLINE
Any petroleum distillate having a Reid vapor pressure of four pounds (207 millimeters of mercury) or greater and used as an automotive fuel.
GASOLINE DISPENSING FACILITY
A facility consisting of one or more stationary gasoline storage tanks, together with dispensing devices.
GASOLINE LOADING FACILITY
A plant at which gasoline is transferred into delivery vessels.
HEAT INPUT RATE
The rate at which the aggregate heat content based on the higher heating value of the fuel is introduced into the fuel-burning equipment.
INCINERATOR
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, trade waste, debris or scrap; or a facility for cremating human or animal remains.
INDIRECT HEAT EXCHANGER
Equipment in which heat from the combustion of fuel is transferred by conduction through a heat-conducting material to a substance being heated so that the latter is not contacted by and adds nothing to the products of combustion.
INTERNAL CROSS-SECTIONAL DIMENSION
Any maximum linear perpendicular distance from an inside wall of a stack or chimney to the inside of an opposite wall, such as the diameter of a circular cross section or the length or width of a rectangular cross section.
LIQUID PARTICLES
Particles which have volume but are not of rigid shape and which, upon collection, tend to coalesce and create uniform homogenus films upon the surface of the collecting media.
MANUFACTURING PROCESS
Any action, operation or treatment embracing chemical, industrial, manufacturing or processing factors, methods or forms, including but not limited to furnaces, kettles, ovens, converters, cupolas, kilns, crucibles, stills, dryers, roasters, crushers, grinders, mixers, reactors, regenerators, separators, filters, reboilers, columns, classifiers, screens, quenchers, cookers, digesters, towers, washers, scrubbers, mills, condensers or absorbers.
MANUFACTURING PROCESS VESSELS
Any container wherein a manufacturing process or any part thereof takes place.
MOBILE SOURCE
Equipment designed or constructed to be portable or movable from one location to another, including but not limited to aircraft, locomotives operating on rails, tractors, earth-moving equipment, hoists and mobile power generators.
MOTOR VEHICLES
Includes all vehicles propelled otherwise than by muscular power, except such vehicles as run only upon rails or tracks.
ODOR
The property of a substance which affects the sense of smell.
OPACITY
The property of a substance which renders it partially or wholly obstructive to the transmission of visible light expressed as the percentage to which the light is obstructed.
OPEN BURNING
Any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack or chimney of an incinerator.
OPEN-TOP TANKS
Any vessel in which a manufacturing process or any part thereof takes place during which there is an opening to the atmosphere greater than 25% of the surface area of any liquid substance contained therein.
OPERATOR
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.
ORGANIC SUBSTANCE
Any chemical compound or mixture of chemical compounds of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbonates, metallic carbides and ammonium carbonate.
OUTDOOR ATMOSPHERE
Air space outside of buildings, stacks or exterior ducts.
OWNER
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 shall have charge or control of any dwelling or dwelling unit, as owner or agent of the owner or as fiduciary, including but not limited to executors, administrators, trustees, receivers or guardians of an estate, or as a mortgage in possession, regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have a joint responsibility over the portion of the premises sublet or assigned by said lessee.
PARTICLES
Any material, except uncombined water, which exists in finely divided form as liquid particles or solid particles at standard conditions.
PENETRATING PRIME COAT
A low-viscosity liquid asphalt applied to a surface in order to prepare it for paving an asphalt concrete.
PERSON
Includes corporations, companies, associations, societies, firms, partnerships and joint-stock companies, as well as individuals, and shall also include all political subdivisions of this state or any agencies or instrumentalities thereof.
PETROLEUM DISTILLATE
Any mixture of organic substances produced by condensing vapors of petroleum during distillations, including but not limited to naphthas, aviation gasoline, motor gasoline, kerosene, diesel oil, domestic fuel oil and petroleum solvents.
PETROLEUM-SOLVENT DRY CLEANING
A process for the cleaning of textiles and fabric products in which articles are washed in a solution of organic material produced by petroleum distillation and synthesis that exists as a liquid under standard conditions and then dried by exposure to a heated airstream.
PLANT LIFE
Vegetation, including but not limited to trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops.
POINT SOURCE
Any stationary, discernible, confined and discrete conveyance or conduit, including but not limited to any stack, chimney, duct, exhaust, ventilator, flue, breather or pressure-release valve, so arranged or designed as to conduct an effluent into the outdoor air.
POSITIVE-PRESSURE VENTILATION
Any ventilation system in which pressurized air from a compressed-air manifold, fan or similar device is blown into a work area.
PROCESS EMISSION RATE
The mass rate of air contaminants emitted from the final source operation of a process, exclusive of any type of control apparatus or product recovery device.
RECEIVING VESSEL
Any vessel into which a volatile organic substance (VOS) is introduced, including but not limited to storage delivery vessels and manufacturing process vessels.
REFUSE
Rubbish, garbage, trade waste and plant life.
RESEARCH
Investigations directed toward the discovery of facts, scientific principles, reactions and substances.
RINGELMANN SMOKE CHART
Ringelmann's Scale for Grading the Density of Smoke, as published by the United States Bureau of Mines, or any chart, recorder, indicator or device which is approved by the New Jersey Department of Environmental Protection as the equivalent of said Ringelmann's Scale for the measurement of smoke density.
RUBBISH
Waste solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, wood excelsior, papers, ashes, furniture, tin cans, glass, crockery, masonry and other similar materials.
SALVAGE OPERATION
Any operation or activity from which is salvaged or reclaimed any product or material, including but not limited to metals, chemicals or shipping containers.
SEAL-ENVELOPE COMBINATION
A barrier to the passage of volatile organic substance vapors between a floating roof and the inner surface of a storage vessel wall, consisting of a seal which maintains constant contact with the wall as the floating roof rises and descends with the level of the stored volatile organic substance and a membrane, diaphragm, fabric or blanket, known as an "envelope," which spans the gap between the floating roof and the seal and which is vaportight.
SMOKE
Small gasborne or airborne particles, exclusive of water vapor, arising from a process of combustion in sufficient number to be observable.
SOLID PARTICLES
Particles of rigid shape and definite volume.
SOLVENT-RECOVERY DRYER
A class of dry-cleaning dryers that employs a condenser to liquify and recover solvent vapors evaporated in a closed-loop, recirculating stream of heated air.
SOURCE GAS
Air or gases passed through, or generated by a source operation and discharged from the source operation.
SOURCE OPERATION
Any manufacturing process, or any identifiable part thereof, emitting an air contaminant into the outdoor atmosphere through one or more stacks or chimneys.
STACK OR CHIMNEY
A flue, conduit or opening designed and constructed for the purpose of emitting air contaminants into the outdoor atmosphere.
STANDARD CONDITIONS
Seventy degrees Fahrenheit and one atmosphere pressure (14.7 pounds per square inch absolute or 760.0 millimeters of mercury).
STORAGE PILE
Any mound of raw material, intermediate or finished product gathered or heaped in one place.
STORAGE TANK
Any tank, resevoir or vessel which is a container for liquids or gases, wherein no manufacturing process, or part thereof, takes place.
SUBMERGED FILL PIPE
A fill pipe whose point of discharge into the receiving vessel is entirely submerged when the liquid level is no more than six inches (15.2 centimeters) above the vessel bottom or, in the case of a top- or side-entering fill pipe, when the liquid level is no more than three times the inside radius of the fill pipe plus five inches (12.7 centimeters), but no more than 42 inches (106.7 centimeters), above the vessel bottom.
SURFACE CLEANER
A device to remove unwanted foreign matter from the surfaces of nonporous or nonabsorbent materials by using volatile organic substance solvents in liquid or vapor state.
TANK
Any container whose walls are constructed of material which is rigid and self-supporting.
TOXIC VOLATILE ORGANIC SUBSTANCE
One of the substances listed as follows:
A. 
Benzene (benzol).
B. 
Carbon tetrachloride (tetrachloromethane).
C. 
Chloroform (trichlormethane).
D. 
Dioxane (1, 4-diethylene dioxide).
E. 
Ethylenimine (aziridine).
F. 
Ethylene dibromide (1, 2-dibromethane).
G. 
Ethylene dichloride (1, 2-dichloroethane).
H. 
1, 1, 2, 2-tetrachloroethane (sym tetrachlorethane).
I. 
Tetrachloroethylene (perchloroethyline).
J. 
1, 1, 2-trichloroethane (vinyltrichloride).
K. 
Trichloroethylene (trichloroethene).
TRADE WASTE
All solid or liquid waste material or rubbish resulting from construction, building operations or the prosecution of any business, trade or industry, including but not limited to plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste material.
TRANSFER OPERATION
The moving of any substance from any storage tank, manufacturing process vessel or delivery vessel into any receiving vessel.
VACUUM SERVICE
Equipment operating at an internal pressure which is at least 0.725 pounds per square inch absolute (37.5 millimeters of mercury) below ambient pressure.
VAPOR
The gaseous form of substances which, under standard conditions, are in the solid or liquid state and which can be changed to these states by either increasing the pressure or decreasing the temperature.
VAPOR BALANCE SYSTEM
A system for controlling vapor losses during the transfer of volatile organic substance liquid from one vessel to another vessel or tank by means of the simultaneous counter-transfer of displaced vapors from the receiving vessel to the vessel supplying the liquid.
VAPOR CONTROL SYSTEM
A system for preventing the emission of organic vapors into the outdoor atmosphere.
VAPOR-MOUNTED PRIMARY SEAL
A seal-envelope combination which is mounted so that underneath the seal there is an annular vapor space which is bounded by the bottom of the seal, the vessel wall, the liquid surface and the floating roof.
VAPOR PRESSURE
The pressure of the vapor phase of a substance or the sum of the partial pressures of the vapor phases of individual substances in a mixture of substances, when in equilibrium with the nonvapor phase of the substance or substances.
VAPORTIGHT
Not capable of allowing the passage of gases at the pressures encountered.
VISIBLE SMOKE
Smoke which obscures light to a degree readily discernible by visual observation.
VOLATILE ORGANIC SUBSTANCES
Any organic substances, mixture of organic substances or mixture of organic and inorganic substances, including but not limited to petroleum crudes, petroleum fractions, petrochemicals, solvents, diluents and thinners which have vapor pressures or sums of partial pressures or organic substances of 0.02 pounds per square inch (one millimeter of mercury) absolute or greater measured at standard conditions and, in the case of surface coating formulations, includes any coalescing or other agent, regardless of vapor pressure, which evaporates from the coating during the drying phase; but does not include methane, trichlorofluoromethane, dichlorodifluoromethane, chlorodifluoromethane, trifluoromethane, 1, 1, 21-trichloro- 1, 2, 2 trifluoroethane, 1, 2 dichloro- 1, 1, 2, 2 tetrafluoroethane and chloropentafluoroethane.

§ 54-4 General prohibitions and exceptions.

No person or owner of property, or person or persons having possession or control thereof, 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.

§ 54-5 Open burning.

A. 
No person shall cause, suffer, allow or permit a salvage operation by open burning.
B. 
No person shall cause, suffer, allow or permit the disposal of rubbish, garbage or trade waste or buildings or structures by open burning.
C. 
No person shall cause, suffer, allow or permit the disposal of any type of plant life by open burning.
D. 
No person shall cause, suffer, allow or permit an unabated fire to continue burning for more than 24 hours, above ground or below ground, on the property or premises owned, leased, operated or maintained by said person.
E. 
The provisions of this section shall not apply to:
(1) 
Persons holding variances approved and issued by the New Jersey Department of Environmental Protection in accordance with N.J.A.C. 7:27-2 et seq.
(2) 
Open burning of refuse for training or research exercises when conducted at a permanent facility or training center designed to be used solely for such purposes on a continuing basis.

§ 54-6 Smoke from fuel combustion.

A. 
No person shall cause, suffer, allow or permit visible smoke to be emitted into the outdoor air from combustion of fuel in any stationary indirect heat exchanger, except as provided in Subsection B hereof.
B. 
No person shall cause, suffer, allow or permit smoke the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart or greater than 20% opacity, exclusive of water vapor, to be emitted into the outdoor air from the combustion of fuel in any stationary indirect heat exchanger having a rated hourly capacity of greater than 1,000,000 Btu gross heat input and discharging through a stack or chimney having all internal cross-sectional dimensions of 30 inches or greater.
C. 
The provisions of Subsections A and B shall not apply to smoke which is visible for a period of not longer than three minutes in any consecutive thirty-minute period.
D. 
No person shall cause, suffer, allow or permit smoke the shade or appearance of which is darker than No. 2 on the Ringelmann Smoke Chart or greater than 40% opacity, exclusive of visible condensed water vapor, to be emitted into the outdoor air from the combustion of fuel in any mobile source for a period of more than 10 consecutive seconds.
E. 
No person shall cause, suffer, allow or permit smoke the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart or greater than 20% opacity, exclusive of visible condensed water vapor, to be emitted into the outdoor air from the combustion of fuel in any stationary internal combustion engine or any stationary turbine engine for a period of more than 10 consecutive seconds.
F. 
No person shall cause, suffer, allow or permit smoke the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart or greater than 20% opacity, exclusive of visible condensed water vapor, to be emitted into the outdoor air from the combustion of fuel in any diesel motor for a period of more than five consecutive seconds.
G. 
The provisions of this section shall not apply to manufacturing processes or any motor vehicle while operating on the public highways.
H. 
Any person responsible for the construction, installation, alteration or use of an indirect heat exchanger shall, when requested by the Director, provide the facilities and necessary equipment for determining the density or opacity of smoke being discharged into the open air.

§ 54-7 Emission of particles.

A. 
No person shall cause, suffer, allow or permit particles to be emitted from any stack or chimney into the outdoor air the shade or appearance of which is greater than 20% opacity, exclusive of water vapor.
B. 
No person shall cause, suffer, allow or permit particles to be emitted from the operation of construction sites.
C. 
No person shall cause, suffer, allow or permit particles to be emitted from demolition activities.
D. 
No person shall cause, suffer, allow or permit the demolition or renovation of an institutional, industrial or commercial building containing friable asbestos materials, unless:
(1) 
A report to the Environmental Protection Agency, Region II, Enforcement Division, is received by the Environmental Protection Agency at least 10 days prior to commencement in accordance with 40 CFR 61.22(d)(2); and
(2) 
Removal procedures are conducted in compliance with 40 CFR 61.20-6.24.
E. 
No person shall cause, suffer, allow or permit particles to be emitted from unpaved roadways or parking lots.
F. 
No person shall cause, suffer, allow or permit particles to be emitted from storage piles whereby particulate matter is entrained and deposited onto neighboring properties.
G. 
No person shall cause, suffer, allow or permit fugitive emissions from charging doors, ductwork, vents, widows and doors, outdoor industrial operations and materials handling whereby particles are deposited onto neighboring properties.
H. 
The provision of this section shall not apply to:
(1) 
Particles, the shade or appearance of which is greater than 20% opacity, exclusive of water vapor, for a period of not longer than three minutes in any consecutive thirty-minute period.
(2) 
Source operations issued a variance by the New Jersey Department of Environmental Protection in accordance with N.J.A.C. 7:27-6.5.
(3) 
Indirect heat exchangers.
(4) 
Incinerators.

§ 54-8 Idle vehicles.

A. 
No person shall cause, suffer, allow or permit the motor of a diesel- or gasoline-powered vehicle to be in operation for more than three consecutive minutes if the vehicle is not in motion, except, where the ambient temperature is 32° F. [0° C.] or less, then the permitted period for idling shall be five consecutive minutes.
B. 
The provisions of Subsection A shall not apply to:
(1) 
Emergency vehicles in the performance of emergency work.
(2) 
Buses in the act of discharging or loading passengers.
(3) 
Vehicles stopped in the line of traffic.
(4) 
Electric motor vehicles.
(5) 
Vehicles whose primary and/or secondary power source is utilized in whole or in part for necessary and definitively prescribed mechanical operation other than propulsion.

§ 54-9 Storage of volatile organic substances.

A. 
No person shall cause, suffer, allow or permit the storage of a volatile organic substance in any stationary storage tank having a capacity greater than 2,000 gallons (7,570 liters) exposed to the rays of the sun unless the external surface of the tank is painted and maintained white.
B. 
The provisions of Subsection A shall not apply to words and logograms applied to the external surface of a storage tank for purposes of identification, provided that such symbols do not cover more than 20% of the external surface area of the tank's sides and top or more than 200 square feet (18.6 square meters), whichever is less.
C. 
The provisions of Subsections A and B shall not apply to any storage tank:
(1) 
Maintained under a controlled elevated temperature.
(2) 
Equipped with a vapor control system reducing by at least 98% the weight of volatile organic substance emissions to the outdoor atmosphere.
D. 
Any delivery vessel, excluding a railroad tank car, used for storing volatile organic substances for more than one month shall be considered a stationary storage tank for the purpose of this section.

§ 54-10 Cutback or emulsified asphalts.

A. 
No person shall cause, suffer, allow or permit the transfer of gasoline from any delivery vessel into any stationary storage tank of 2,000 gallons (7,570 liters) or greater capacity unless such storage tank is equipped with and operating one of the following controls:
(1) 
A vapor balance system with all atmospheric vents positively closed during transfer;
(2) 
A vapor balance system with a conservation vent adjusted to remain closed during the transfer;
(3) 
A vapor balance system with a drilled cap on the atmospheric vent, the drilled hole not to exceed 1/4 inch (6.4 millimeters) in diameter;
(4) 
A vapor control system which reduces, by no less than 95% by volume, the air-vapor mixture displaced during the transfer of gasoline; or
(5) 
A floating roof or equivalent approved by the Department.
B. 
No person shall cause, suffer, allow or permit the transfer of gasoline or any substance into any gasoline-vapor-laden delivery vessel of 2,000 gallons' (7,570 liters) or greater total capacity at a gasoline-loading facility unless such delivery vessel is connected to control apparatus installed and operating in accordance with the provisions of Subsection C.
C. 
No person shall cause, suffer, allow or permit the transfer or loading of gasoline or any substance into any gasoline-vapor-laden delivery vessel at a gasoline-loading facility unless such facility is equipped with and operating a control apparatus in accordance with the following provisions:
(1) 
Facilities loading more than 2,000 gallons (7,570 liters) of gasoline per day, but not more than 15,000 gallons (56,775 liters) of gasoline per day, shall be equipped with and operating a vapor balance system or other control apparatus of equal or higher efficiency. Such vapor balance system shall have no opening operating vent to the atmosphere during transfer and shall not return the vapors to any tank equipped with a floating roof.
(2) 
Facilities loading more than 15,000 gallons (56,775 liters) of gasoline per day shall be equipped with and operating a vapor control system which:
(a) 
Prevents volatile organic substance emissions to the outdoor atmosphere from exceeding the maximum allowable emissions as determined from Table III;[1] or
[1]
Editor's Note: Table III is included at the end of this chapter.
(b) 
Reduces the total emissions of volatile organic substances to the outdoor atmosphere by no less than 90%, by weight.
(3) 
The daily loading rate shall be calculated on the basis of the daily average rate during the month with the highest throughput in the last 12 months operated.
D. 
No person shall cause, suffer, allow or permit the transfer of gasoline into any vehicular fuel tank unless the transfer is made using a vapor-control system approved by the Department of Environmental Protection which is designed, operated and maintained so as to:
(1) 
Prevent volatile organic substance emissions to the outdoor atmosphere by no less than 90%, by weight; and
(2) 
Prevent overfilling of vehicular fuel tanks and spillage.
E. 
The provisions of Subsection G shall not apply to a gasoline-dispensing facility with a monthly throughput of 10,000 gallons (37,850 liters) or less.
F. 
No person shall cause, suffer, allow or permit any delivery vessel having a maximum total capacity of 2,000 gallons (7,570 liters) or greater to contain gasoline unless such delivery vessel:
(1) 
Sustains a pressure change of less than three inches of water (six millimeters of mercury) in five minutes when pressurized to 18 inches of water (34 millimeters of mercury) and evacuated to six inches of water (11 millimeters of mercury), as tested at least once in every twelve-month period for leaks in accordance with test procedures specified by the Department of Environmental Protection.
(2) 
Has a certification affixed to the vessel in a prominent location which indicates the identification number of the vessel and the date the vessel last passed the pressure and vacuum tests.
(3) 
Has a record of certification which shall be kept with the delivery vessel at all times and made available, upon request, by the Department. The record of certification shall include the test title, delivery vessel owner and address, delivery vessel identification number, testing location, date of test, tester name and test results.
G. 
No person shall cause, suffer, allow or permit volatile organic substances to be emitted into the outdoor atmosphere during a transfer of gasoline, subject to the provisions of Subsections A, C, D, E, F and G from leaking components of gasoline vapor control systems or delivery vessels being loaded or unloaded if:
(1) 
The concentration of the emissions to the outdoor atmosphere is greater than or equal to 100% of the lower explosive limit of propane when measured at a distance of 1.0 inch (2.54 centimeters) from the source; or
(2) 
The emissions are in the liquid state.
H. 
The provisions of Subsection D shall not apply to delivery vessels used for less than one month for the purpose of holding gasoline from a storage tank during a period in which the storage tank if undergoing repair or maintenance.
I. 
No person shall cause, suffer, allow or permit the transport of any volatile organic substance in a delivery vessel of 2,000 gallons' (7,570 liters) or greater total capacity unless such vessel is vaportight at all times while containing volatile organic substances, except:
(1) 
Under emergency conditions;
(2) 
While gauging; or
(3) 
While venting through a vapor control system approved by the Department of Environmental Protection.
J. 
The provisions of this section of this chapter shall not apply to the transfer of volatile organic substances into marine delivery vessels.
K. 
The provisions of Subsection C shall not apply to a storage tank during construction ballast.
L. 
All delivery vessel subject to the provisions of Subsection I found in violation of Subsections H or I of this section shall be repaired within 15 days and shall be recertified.
M. 
Any person subject to the provisions of Subsection F(1) and loading between 2,000 and 4,000 gallons (15,140 liters) of gasoline per day shall comply with the following schedule:
(1) 
By January 1, 1986, a completed application for a permit to construct, install or alter control apparatus or equipment, pursuant to N.J.A.C. 7:27-8, which demonstrates compliance with the requirements of Subsection F(1) shall be submitted to the Department of Environmental Protection, and a completed certificate of registration application, pursuant to § 54-15 of this chapter, shall be submitted to this agency.
(2) 
By July 1, 1986, construction of equipment and control apparatus in accordance with the approved permit to construct, install or alter control apparatus or equipment and approved certificate of registration shall commence.
(3) 
By December 31, 1986, compliance shall be achieved.
N. 
Any person subject to the provisions of Subsection G shall comply with the following schedules:
(1) 
By July 1, 1986, a completed application for a permit to construct, install or alter control apparatus or equipment, pursuant to N.J.A.C. 7:27-8, which demonstrates compliance with the requirements of Subsection G, shall be submitted to the Department of Environmental Protection, and a certificate of registration application, pursuant to § 54-14 of this chapter, shall be submitted to this agency.
(2) 
By January 1, 1987, construction of equipment and control apparatus in accordance with the approved permit to construct, install or alter control apparatus or equipment, pursuant to N.J.A.C. 7:27-8, and approved certificate of registration shall commence.
(3) 
By July 1, 1987, compliance shall be achieved.

§ 54-11 Cutback or emulsified asphalts.

No person shall cause, suffer, allow or permit the use of cutback asphalt or emulsified asphalt containing volatile organic substances unless:
A. 
The material is applied during the periods of January 1 through April 15 or October 15 through December 31;
B. 
The use is solely as a penetrating prime coat;
C. 
The emulsified asphalt contains no greater than 8% volatile organic substance by volume and is used for mixed-in-place construction;
D. 
The material is a cold-mix, stockpile material used for pavement repair; or
E. 
The user can demonstrate that there are no emissions of volatile organic substances from the asphalt under conditions of normal use.

§ 54-12 Exceptions.

A. 
The provisions of §§ 54-9, 10 and 11 shall not comply to any operation granted a variance under N.J.A.C. 7:27-16.10.
B. 
The provisions of §§ 54-9, 10 and 11 shall not apply to any stationary vessel or delivery vessel maintained under a pressure greater than one atmosphere, provided that any vent serving such vessel has the sole function of relieving pressure under abnormal emergency conditions.
C. 
The provisions of §§ 54-9, 10 and 11 shall not apply to the emissions of volatile organic substances from the following source operations:
(1) 
Glass manufacturing plants.
(2) 
Asphalt-plant dryers.
(3) 
Open burning.

§ 54-13 Asbestos regulations.

A. 
No person shall cause, suffer, allow or permit surface coating, by spraying on any building, structure, facility, installation or internal or external portion thereof, of asbestos or friable material containing in excess of 0.25%, by weight, asbestos.
B. 
Tests.
(1) 
Any person responsible for the manufacture, application or use of any coating, which the Director, or any agent thereof, has reason to believe contains asbestos shall, when requested by the Director, conduct such tests as are necessary in the opinion of the Director to determine the presence and the amount and/or kinds of asbestos in the coating. Such tests shall be conducted in a manner approved by the Director and shall be made at the expense of the person responsible.
(2) 
The Director may waive the testing requirements of Subsection (1) of this section upon receipt of a materials specification report from the material manufacturer certifying that the asbestos content of the surface coating for which testing is required complies with the provisions of § 54-11A hereof.

§ 54-14 Enforcement.

A. 
The Health Officer of the Township of East Hanover shall, in addition to his other duties, enforce and administer the provisions of this chapter and, in exercising his powers and duties hereunder, shall be known as the Director of Air Pollution Control.
B. 
The Director may appoint or designate other employees or officers of the Township of East Hanover to perform duties necessary for the enforcement of this chapter.
C. 
The Board of Health, or Mayor, pursuant to N.J.S.A. 26:2C-1 et seq., may appoint any person employed by the Township of East Hanover, or its successor, to administer and enforce this chapter, in addition to the powers and appointments provided by §§ 54-19A hereof.

§ 54-15 Inspections and right of entry.

A. 
Emergency inspections may be authorized without warrant if the Director has reason to believe that a condition exists which poses an immediate threat to life, health or safety. Such procedure shall only take place where the time taken to apply for and secure the issuance of a warrant would render ineffective the immediate action necessary to abate the condition.
B. 
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.
C. 
Where the Director or his agent 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 chapter and subject to the penalties hereunder.
D. 
The Director may, upon affidavit, apply to the court or Judge having jurisdiction for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a violation of this chapter may exist on the premises.
E. 
If the Judge of the Township of East Hanover is satisfied as to the matter set forth in the said affidavit, he may 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.
F. 
All buildings and premises subject to this chapter are subject to inspection from time to time by the Director of Air Pollution Control 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:
(1) 
The premises are not available during the foregoing hours for inspection;
(2) 
There is reason to believe that violations are occurring on the premises which can be determined and proved by inspection only during other than the prescribed hours;
(3) 
There is reason to believe a violation exists of a character which is an immediate threat health or safety requiring inspection and abatement without delay.

§ 54-16 Violations and penalties.

A. 
Any person who shall violate any of the provisions of this chapter or who shall fail to comply therewith or with any of the requirements thereof shall be punishable by a fine not to exceed $1,000 or imprisonment for a term not to exceed 30 days, or both, for each violation. Each day that such violation shall continue shall constitute a separate offense.
B. 
The violation of any section or subsection of this chapter shall constitute a separate and distinct offense independent of the violation of any other section or subsection or of any order issued pursuant to this chapter.

§ 54-17 Construal of provisions.

This chapter is to be liberally construed to effectuate the purpose 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.

§ 54-18 Authority.

This chapter is promulgated and adopted in accordance with N.J.S.A. 26:2C-8, P.L. 1954, c. 212 (N.J.S.A. 26:2C-1 to 2C-23), amended by P.L. 1962, c. 215; P.L. 1967, c. 105; and P.L. 1967, c. 106; and nothing contained herein or any action taken hereunder is to be interpreted as being in conflict with the New Jersey Air Pollution Control Act and the New Jersey Administrative Code.

§ 54-19 Incinerators.

A. 
No person shall cause, suffer, allow or permit the use of any incinerator equipment without first having registered this equipment with this agency.
B. 
An incinerator registration shall be valid for a period of five years from the date of issuance.
C. 
An incinerator registration must be renewed by application between 30 and 90 days prior to its expiration date.
D. 
Information on either new installations being placed into service or existing installations which have been altered shall be submitted to the Director or designee within three months after their introduction to service.
E. 
All existing incinerators must be registered within one year of the effective date of this chapter.
F. 
The possession of an incinerator registration does not relieve any person from the obligation to comply with all other provisions of this chapter, nor does it in any way void the applicant's obligation to obtain the necessary permits, certificates and licenses from any other regulatory agency.
G. 
Any person in possession of an incinerator registration shall maintain said registration readily available on the premises where the incinerator is located.
H. 
Application for an incinerator registration shall be made to this agency on forms provided by this agency.
I. 
This agency may require such details regarding the incinerator as it considers necessary to determine that the incinerator is designed to operate without causing a violation of any of the provisions of this chapter or of any rules or regulations promulgated hereunder, and that the incinerator incorporates advances in the art of air pollution control developed for the kind and amount of air contaminant emitted by the applicant's incinerator and that the incinerator is being maintained and operated in a manner which minimizes emissions of air contaminants.
J. 
An applicant registering an incinerator shall supply the following information:
(1) 
The nature of the installation.
(2) 
The type and quantity of waste to be burned.
(3) 
A description of safety and fire protection devices.
(4) 
A description of the equipment configuration.
(5) 
A description of the devices that are incorporated with the incinerator to ensure against the emission of air pollutants.
(6) 
The name, address, business-hours telephone number of the owner and/or person responsible for the day-to-day operation of the equipment and at least two non-business-hour telephone numbers to be used in an emergency situation.
(7) 
The name, address, business-hours telephone number of the owner and/or person responsible for the maintenance of the equipment and at least two non-business-hour telephone numbers to be used in an emergency situation.
(8) 
The Department of Environmental Protection air pollution permit and certificate number assigned to the incinerator.
(9) 
Such other information as this agency may require.