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Township of Livingston, NJ
Essex County
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Table of Contents
Table of Contents
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. 
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 N.J.A.C. 7:27-2.5.
(2) 
Open burning of refuse for training or research exercises when conducted at a permanent facility or a training center designed to be used solely for such purposes on a continuing basis.
A. 
No person shall cause, suffer, allow or permit visible smoke to be emitted into the outdoor air from the combustion of fuel in any stationary indirect heat exchanger having a rated hourly capacity of less than 200 million BTU 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 200 million BTU or greater gross heat input or discharging through a stack or chimney having all internal cross-sectional dimensions 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 and shall conduct such smoke tests using methods approved by the Director. The equipment shall be maintained in good operating order.