Atlantic City, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners (now City Council) of the City of Atlantic City 9-15-1977 by Ord. No. 46-1977. Amendments noted where applicable.]

§ 71-1 Title and policy.

A. 
Title. This chapter shall be known and cited as the "Air Pollution Control Code of the City of Atlantic City."
B. 
Findings and declaration of policy. It is hereby declared that air pollution is a menace to the health, welfare and comfort of the residents of the City of Atlantic City 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 City of Atlantic City to minimize air pollution as herein defined and to establish standards governing the installation, maintenance and operation of equipment and appurtenances relating to combustion, which is a source or potential source of air pollution.

§ 71-2 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 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.
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 chapter.
ECONOMIC POISONS
Those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides or defoliants.
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.
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 scraps; 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 homogeneous 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.
MOTOR VEHICLE
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.
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.
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, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as fiduciary, including but not limited to executrix, administrator, administratrix, trustee, receiver or guardian of the estate, or as a mortgagee 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 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.
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.
PLANT LIFE
Vegetation, including but not limited to trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops.
REFUSE
Rubbish, garbage, trade waste and plant life.
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.
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.
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 air.
STANDARD CONDITIONS
Shall be 70° F. and one atmosphere pressure [14.7 pounds per square inch gauge or 760 millimeters mercury.]
TRADE WASTE
All waste, solid or liquid 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.
VISIBLE SMOKE
Smoke which obscures light to a degree readily discernible by visual observation.

§ 71-3 Air pollution emission restrictions.

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.

§ 71-4 Open burning restrictions.

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. 
The provisions of this section shall not apply to:
(1) 
Variances approved and issued by the New Jersey Department of Environmental Protection in accordance with Subchapter 2.5 of the New Jersey Administrative Code.
(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.

§ 71-5 Smoke from combustion of fuel restrictions.

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 having a rated hourly capacity of less than 200,000 Btu's gross heat input, or discharging through a stack or chimney having an internal cross-sectional dimension of less than 60 inches.
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 two 200,000 Btu's or greater gross heat input, or discharging through a stack or chimney having an internal cross-sectional dimension of 60 inches or greater.
C. 
The provisions of Subsections A and B above shall not apply to smoke which is visible for a period of not longer than three minutes in any consecutive thirty-minute period.
D. 
The provisions of this section shall not apply to direct heat exchangers or manufacturing processes, or any motor vehicle while operating on the public highways.
E. 
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.

§ 71-6 Emission of solid particles control.

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 200% opacity, exclusive of water vapor.
B. 
The provisions of this section shall not apply:
(1) 
To 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) 
To source operations issued a variance by the New Jersey Department of Environmental Protection in accordance with Subchapter 6.5 of the New Jersey Administrative Code.
(3) 
To indirect heat exchangers.
(4) 
To incinerators.
(5) 
For a period of five years from the date of issuance of a valid permanent certificate to operate to a source operation equipped with control apparatus for which a valid permit to construct or the permanent certificate to operate was issued by the New Jersey Department of Environmental Protection during the period June 15, 1967, to March 27, 1972.

§ 71-7 Stacks and chimneys: regulations.

A. 
Except as herein provided, persons burning solid or liquid fuel whose products of combustion are discharged into the open air from a stack or chimney shall submit to the Director information for each such stack or chimney relating to place, type of fuel burned, heat content in the fuel burned, quantity of fuel burned per hour and/or year, description of combustion equipment, usual period of operation, height and size of outlet, description of air pollution control equipment and such other and pertinent information as may be requested on forms provided for that purpose by the Director. The application forms shall also require submission of name, address and telephone number of the person or persons responsible for day-to-day operation, and also of the person or persons responsible for maintenance of any such equipment. Any change in the name, address or telephone number of such person or persons shall be reported within 10 days of the occurrence of such change to the Director.
B. 
Such information shall be submitted to the Director within 90 days after either new installations are placed into service or existing installations are altered. Nothing herein shall be construed as relieving any person from the requirements of the Building Code of the City of Atlantic City.[1] Additional reports concerning these items may be requested by the Director.
[1]
Editor's Note: Construction Codes, Uniform.
C. 
The provisions of § 71-7 shall not apply to equipment designed or used for a heat input rate of not more than 1,000 British thermal units (Btu's) per hour unless the equipment is designed for or actually using No. 4, No. 5 or No. 6 fuel oil or coal.

§ 71-8 Incinerators: installation, operation and regulations.

A. 
No person shall operate or permit the operation of an incinerator in the City of Atlantic City without a permit issued by the Director in accordance with this chapter. The Director shall recommend issuance of a permit for the operation of an incinerator after examining the application and inspecting the facility and being satisfied that it may be operated in accordance with this chapter. Said permit may be conditioned on improvements being made within a prescribed time or on certain operating restrictions, if necessary, to comply with this chapter. All permits shall be issued by the City of Atlantic City and shall expire one year after their issuance, or at such time prior thereto as any conditions or restrictions shall not be complied with. Each incinerator shall require a permit for which the annual fee shall be $25., payable to the City of Atlantic City.
B. 
No personnel shall operate or permit the operation of an incinerator in the City of Atlantic City before 9:00 a.m. or after 5:00 p.m., and all operations shall be completely terminated by 5:00 p.m., including complete extinction of the fire and removal of materials from the firebox to a noncombustible container and in a safe manner; provided, however, that the Director may, by special permit, 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.
C. 
Where the operation of an incinerator constitutes an immediate and substantial menace to public health and safety, or is a substantial source of air pollution causing irritation and discomfort to persons in the vicinity, and the owner or operation fails upon written or oral notice to take immediate corrective measures, the Director may take all necessary measures to abate the condition, including but not limited to ordering the cessation of use of the equipment and sealing the same, pending a hearing in the Municipal Court.
D. 
No person shall cause, suffer, allow or permit smoke from any incinerator the shade or appearance of which is darker than No. 1 on 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.
E. 
The provisions of Subsection D shall not apply to smoke emitted during the building of a new fire, the shade or appearance of which is not greater than No. 2 of the Ringelmann Smoke Chart for a period of three consecutive minutes, 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. 2 of the Ringelmann Smoke Chart for a period no greater than three consecutive minutes.
F. 
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.
G. 
No person shall construct, install, use or cause to be used any incinerator which will result in odors being detectable by the sense of smell in any area of human use or occupancy.

§ 71-9 Director of Air Pollution Control.

A. 
The Health Officer of the City of Atlantic City 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." The Director may appoint or designate other employees or officers of the City of Atlantic City to perform duties necessary for the enforcement of this chapter.
B. 
The Board of Health, pursuant to N.J.S.A. 26:3-90, may appoint any person employed by the City of Atlantic City, or its successor, to administer and enforce this chapter in addition to the powers and appointments provided by Subsection A hereof.

§ 71-10 Inspection 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.

§ 71-11 Search warrant or access warrants.

A. 
The Director may, upon affidavit, apply to the Judge of the City of Atlantic City for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a violation of the chapter may exist on the premises, including one or more of the following:
(1) 
The premises require inspection according to the cycle established by the city for periodic inspections of premises of the type involved.
(2) 
Observation of external conditions (smoke, ash, soot, odors) of the premises and its public areas has resulted in the belief that violations of this chapter exist.
(3) 
Circumstances exist, such as age and design of fuel-burning equipment and/or system, type of incinerator, particular use of premises or other factors, which render systematic inspections of such buildings necessary in the interest of public health and safety.
B. 
If the Judge of the City of Atlantic City is satisfied as to the matter 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.

§ 71-12 Violations and penalties.

[Amended 11-25-2008 by Ord. No. 104]
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 $2,000 or imprisonment for a term not to exceed 90 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.