This chapter shall be known, and may be cited as the "Air Pollution
Control Code of the Township of Livingston."
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 Township
and a cause of substantial damage to property. For the purpose of controlling
and reducing atmosphere pollution, it is hereby declared to be the policy
of the Township 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.
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.
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:
Solid particles, liquid particles, vapors or gases which are discharged
into the outdoor atmosphere.
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 as
shall be affected thereby, and excludes all aspects of employer/employee relationship
as to health and safety hazards.
An incinerator designed and used to burn waste materials of Types
0, 1, 2 and 3 only, in all capacities not exceeding 2,000 pounds per hour
of waste material input.
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.
The person holding the position of Director of Air Pollution Control
created and established by this chapter and authorized to exercise the powers,
duties and functions prescribed herein.
Airborne solid particles, and shall include but not be limited to
fly ash, cinders and soot.
Those chemicals used as insecticides, rodenticides, fungicides, herbicides,
nematocides, or defoliants.
Particles of gasborne solid matter arising from the combustion of
solid fuel, not including process materials.
Solid, liquid or gaseous materials used to produce useful heat by
burning.
Oil commonly used as a fuel. The grades are commonly numbered 1,
2, 4, 5 and 6, and have the requirements as shown in Table 1 of Commercial
Standard CS 12-40, published by the United States Department of Commerce,
or any equivalent succeeding table or reference published hereafter by the
said Department.
Solid particles generated by condensation from the vapor state, generally
after volatilization from molten metals, etc.
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.
A formless fluid which, under standard conditions, occupies the space
of enclosure and which can be changed to the liquid or solid state only by
the combined effect of increased pressure and decreased temperature.
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. (See also "common incinerator" and
"special incinerator.")
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.
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.
A property of a substance which affects the sense of smell.
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.
Air space outside of buildings, stacks or exterior ducts.
Any fire whose products of combustion are emitted directly into the
open air and are not directed thereto through the stack or chimney of an incinerator.
Any person who has care, custody or control of a building or premises,
of 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 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, and shall also
include all political subdivisions of this state or any agencies or instrumentalities
thereof.
Vegetation including but not limited to trees, tree branches, leaves,
yard trimmings, shrubbery, grass, weeds and crops.
Rubbish, garbage, trade waste and plant life.
Ringelmann's Scale for Grading the Density of Smoke, 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.
Waste solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
wood, excelsior, paper, ashes, furniture, tin cans, glass, crockery, masonry,
and other similar materials.
Any operation or activity from which is salvaged or reclaimed any
product or material including but not limited to metals, chemicals or shipping
containers.
Small gasborne and airborne particles, exclusive of water vapor,
arising from a process of combustion in sufficient number to be observable.
Agglomerations of particles of carbon impregnated with tar, formed
in the incomplete combustion of carbonaceous material.
Municipal, pathological waste or trade waste incinerator of any burning
capacity, or any incinerator with a burning capacity in excess of 2,000 pounds
per hour.
A flue, conduit, or opening designed and constructed for the purpose
of emitting air contaminants into the outdoor air.
Includes smoke, cinders, soot, fly ash, dust, gases, fumes, mists,
vapors, odors or a combination thereof.
All waste, solid or liquid material 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 material.
The gaseous form of substances which under standard conditions (14.7
psia and 70° F.) are in the solid or liquid state, and which can be changed
to these states by either increasing the pressure or decreasing the temperature.
Smoke which obscures light to a degree readily discernible by visual
observation.
