[HISTORY: Adopted by the Borough Council of the Borough of Glen Rock 4-22-1974
as part of Ord. No. 792 (Ch. XXIII of the 1971 Revised General
Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 230.
This chapter shall be known and may be cited as the "Air Pollution Control
Code of the Borough of Glen Rock."
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 Glen Rock
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 borough to minimize air pollution and prohibit its excessive emission,
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 and Energy, 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 borough 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 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 the knowledge of the owner thereof.
Any person who alone or jointly or severally with others has legal
or equitable title to any premises, with or without accompanying actual possession
thereof; or who has 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.
All putrescible and nonputrescible wastes (except body wastes), which
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 and Energy of the State of New Jersey
as the equivalent of the Ringelmann's Scale.
Solids not considered to be highly flammable or explosive, which
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 in part in salvaging
or reclaiming any product or material, including but not limited to metals,
chemicals, shipping containers or drums.
Small gasborne and airborne 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,
which shall include but not be limited to plastic products, carton, paint,
grease, oil and other petroleum products, chemicals, cinders and other forms
of solid or liquid waste materials.
No person shall cause, allow or permit open burning of refuse or plant
life or conduct a salvage operation by open burning, except that 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 and Energy in accordance with Chapter
II, Section 1.4, of the New Jersey Air Pollution Control Code.
No person shall cause, 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, provided that 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.
A.
Smoke emissions. No person shall cause, 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, 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 detectible 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 borough 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 that by special permit the borough
may, because of exceptional circumstances, permit different hours of operation
under such conditions as it 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, 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.
General regulations. All buildings and premises subject
to this chapter are subject to inspection from time to time by the air pollution
abatement officer or his or her 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 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. Emergency inspections may be authorized
without warrant if the air pollution abatement 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 air pollution abatement officer or his or
her 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 the code
and subject to the penalties provided in this chapter.
C.
Search warrant or access warrant.
(1)
The air pollution abatement officer may, upon affidavit,
apply to the Municipal Judge 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:
(a)
That the premises require inspection according to the
cycle established by the air pollution abatement officer for 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 the code exist.
(c)
That circumstances such as age and design of the fuel-burning
equipment or system, types of incinerators, particular use of premises or
other factors which render systematic inspections of such building necessary
in the interest of public health and safety exist.
(2)
If the Municipal Judge is satisfied as to the matters
set forth in the affidavit, he or she 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.
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction, be punishable by any combination of
the following: a fine not exceeding $1,000, imprisonment for a term not exceeding
90 days or a period of community service not exceeding 90 days.
