[HISTORY: Adopted by the Board of Health of the Township of Hillsborough 10-21-1970
(Ch. 158 of the 1977 Code). Amendments noted where applicable.]
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 Hillsborough
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 of Hillsborough 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, Bureau of Air Pollution
Control.
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 Township of
Hillsborough 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 or 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
includes but is not 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 includes
but is not 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.
The Sanitary Inspector of the Board of Health of Hillsborough Township
or any other duly authorized person appointed by the Board of Health to enforce
the terms and conditions of this chapter.
A building or a structure lawfully accommodating only one family.
Single-family residences are excluded from this chapter.
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,
and includes but is not limited to plastic products, cartons, paint, grease,
foil 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 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 New Jersey State Department of Environmental Protection, Bureau of Air
Pollution Control, in accordance with Chapter II, Section 1.4, of the New
Jersey Air Pollution Control Code.
[Amended 11-7-1977]
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 smoke
emitted during the cleaning of a firebox 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, nor emissions of such opacity within a stack or chimney, or, exclusive
of water vapor, of such opacity leaving a stack or chimney, as to be 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, nor to emissions of such opacity within a stack or chimney, or, exclusive of water vapor, of such opacity leaving a stack or chimney, as to be greater than the emission designated as No. 2 of the Ringelmann Smoke Chart, for a period of 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 Township of Hillsborough shall
permit the operation of an incinerator prior to 7:00 a.m. or after 6:00 p.m.
of any day, and all operations 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 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 the 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.
Inspections authorized; times. All buildings and premises
subject to this chapter are subject to inspection from time to time 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:
(1)
The premises are not available during the foregoing hours
for inspections.
(2)
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.
(3)
There is reason to believe that 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 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 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 or access warrants.
(1)
The Sanitary Inspector may, upon affidavit, apply to
the Judge of the Municipal Court of the Township of Hillsborough 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
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 the Sanitary Inspector 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 this chapter exist.
(c)
That circumstances such as age and design of fuel-burning
equipment and/or system, types of incinerator, particular use of premises
or other factors 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 Township of
Hillsborough 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.
There shall be an annual license fee in the amount of $25 for any person
obtaining final approval from the State of New Jersey and its authorized agencies
to operate air pollution control equipment in the Township of Hillsborough.
Said license shall run from January 1 to December 31.
This chapter 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.
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, upon conviction, be deemed guilty of a Class C violation, punishable as provided in Chapter 291, General Provisions, Board of Health, Article II.
[Amended 11-7-1977]
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.
