[HISTORY: Adopted by the Town Board of the Town of West New York 9-16-1970
by Ord. No. 1046. Amendments noted where applicable.]
This chapter shall be known, and may be cited, as the "Air Pollution
Control Code of the Town of West New York, in the County of Hudson, State
of New Jersey."
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 Town of
West New York 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 Town of West New York 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 Environmental Protection Air Pollution Control
Program.
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.
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 town 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 or collection
of such units used 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; 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.
Includes 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.
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 Environmental Protection of the State of New Jersey, as the
equivalent of said 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, glass, crockery, masonry and other similar materials.
Any business trade or industry engaged in whole or part in salvaging
or reclaiming any product or material, including but not limited to metals,
chemicals, shipping containers or drums.
Small gas-borne and airborne particles arising from a process of
combustion in sufficient number to be observable.
All solid or liquid materials 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.
A.
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 Subsection B.
B.
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 Environmental Protection
in accordance with Chapter II, Section 1.4, of the New Jersey Air Pollution
Control Code.
A.
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.
B.
The provisions of this section shall not apply to:
(1)
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.
A.
Smoke emissions. 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.
B.
New fires. The provisions of Subsection A 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.
C.
Visible particles. 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.
D.
Odors. 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.
E.
Limitation on time of operation. No person shall operate,
and no owner or operator of any building in the town 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 Health Officer 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.
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.
A.
All buildings and premises subject to this chapter are
subject to inspection from time to time by the Health Officer 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.
B.
Emergency inspections may be authorized without warrant
if the Health Officer 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 Health Officer or his duly authorized representatives are refused
entry or access or are 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.
C.
Search warrant or access warrant.
(1)
The Health Officer or his duly authorized representative
may, upon affidavit, apply to the Judge of the Municipal Court of the Town
of West New York, 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 this chapter may exist on the premises, including
one or more of the following:
(a)
That the premises require inspection according to the
cycle established by this chapter requiring periodic inspections of premises
of the type involved.
(b)
That 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 chapter exist.
(c)
Circumstances such as age and design of fuel-burning
equipment and/or systems, types of incinerators, particular uses of premises
or other factors which render systematic inspections of such buildings necessary
in the interest of public health and safety.
(2)
If the Judge of the Municipal Court of the Town of West
New York is satisfied as to the matters set forth in the said 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.
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. Each day of violation shall constitute an additional, separate and
distinct offense.
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.
