A. 
The Bureau of Air Pollution Control, heretofore established in the Division of Health within the Department of Health and Welfare, is hereby continued.
B. 
The Health Officer, in addition to his other duties, shall enforce and administer the provisions of this chapter, and in exercising his powers and duties hereunder, shall be known as the "Director of Air Pollution Control."
C. 
The Director may appoint or designate other employees or officers of the Township to perform duties necessary for the enforcement of this chapter.
D. 
The Council may appoint any person employed by the Suburban Essex Air Pollution Commission, or its successor, to administer and enforce this chapter in addition to the powers and appointments provided by Subsections B and C above.
A. 
The Director, with the approval of the Council, may promulgate such rules and regulations consistent with this chapter governing the installation, maintenance, and use of fuel-burning equipment, incinerators, the burning of various types of fuel and fuel oil and the types of matter subject to incineration as may be necessary to minimize or eliminate air pollution. The Director may conduct such investigations, hold such hearings, and make such tests as may be necessary to establish specifications to be incorporated in such rules and regulations. All regulations shall be filed in the office of the Township Clerk at least 15 days prior to the effective date thereof.
B. 
All owners or operators of property on which there exists fuel-burning equipment or incinerators, or both, shall secure from the Director such regulations as shall be reproduced and made available as to the maintenance and operation of such equipment and incinerators, and copies of the regulations shall be kept posted at all times by the said owner or operator at a conspicuous location at or near the said equipment or incinerator affected thereby; and copies of such regulations shall be distributed personally to each person who has responsibility for the maintenance or operation of the said equipment or incinerator in behalf of the owner or operator. The Director may require the posting by the owner or operator at specified locations of such other permanent type signs as may be necessary and desirable to instruct personnel or occupants of the premises as to the proper maintenance and operation of the equipment or incinerator.
A. 
All buildings and premises subject to this chapter are subject to inspection from time to time by the Director of Air Pollution Control 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 inspection; or
(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; or
(3) 
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 Director 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 Director or his 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 this chapter and subject to the penalties hereunder.
C. 
The Director may, upon affidavit, apply to the Judge of the Municipal Court of the Township 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:
(1) 
That the premises require inspection according to the cycle established by the Township for periodic inspections of premises of the type involved;
(2) 
That observation of external conditions (smoke, ash, soot, odors) of the premises and its public areas has resulted in the belief that violations of this chapter exist;
(3) 
Circumstances such as age and design of fuel-burning equipment and/or system, types of incinerator, particular use of premises or other factor which renders systematic inspections of such buildings necessary in the interest of public health and safety.
D. 
If the Judge of the Municipal Court of the Township 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.