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Township of Washington, NJ
Morris County
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Table of Contents
Table of Contents
A. 
Title. This chapter shall be known and cited as the "Air Pollution Control Code of the Township of Washington."
B. 
Findings and declaration of policy. It is hereby declared that air pollution is a menace to the health, welfare and comfort of the residents of the Township of Washington and a cause of substantial damage to property. For the purpose of preventing and reducing atmospheric pollution, it is hereby declared to be the policy of the Township of Washington to minimize air pollution as herein defined and to establish standards governing the installation, maintenance and operation of equipment and appurtenances relating to combustion, which is a source or potential source of air pollution.
The following terms, wherever used herein or referred to in this code, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:
AIR CONTAMINANT
Solid particles, liquid particles, vapors or gases which are discharged into the outdoor atmosphere.
AIR POLLUTION
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, animal or plant life or property, or would unreasonably interfere with the enjoyment of life or property.
ASBESTOS
Actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite.
DIRECT HEAT EXCHANGER
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.
DIRECTOR OF AIR POLLUTION CONTROL or DIRECTOR
The person or persons who are authorized by this chapter to exercise the powers prescribed by this code.
ECONOMIC POISONS
Those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides or defoliants.
FRIABLE MATERIAL
Any material which can be crumbled, pulverized or reduced to powder by hand pressure.
FUEL
Solid, liquid or gaseous materials used to produce useful heat by burning.
GARBAGE
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.
INCINERATOR
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.
INDIRECT HEAT EXCHANGER
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.
INTERNAL CROSS-SECTIONAL DIMENSION
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.
LIQUID PARTICLES
Particles which have volume but are not of rigid shape and which, upon collection, tend to coalesce and create uniform homogenous films upon the surface of the collecting media.
MANUFACTURING PROCESS
Any action, operation or treatment embracing chemical, industrial, manufacturing or processing factors, methods or forms, including but not limited to furnaces, kettles, ovens, converters, cupolas, kilns, crucibles, stills, dryers, roasters, crushers, grinders, mixers, reactors, regenerators, separators, filters, reboilers, columns, classifiers, screens, quenchers, cookers, digesters, towers, washers, scrubbers, mills, condensers or absorbers.
MOTOR VEHICLES
Includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks.
ODOR
The property of a substance which affects the sense of smell.
OPACITY
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.
OPEN BURNING
Any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack or chimney of an incinerator.
OPERATOR
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.
OUTDOOR ATMOSPHERE
Air space outside of buildings, stacks or exterior ducts.
OWNER
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 shall have charge or control of any dwelling or dwelling unit, as owner or agent of the owner, or as fiduciary including but not limited to executrix, administrator, administratrix, trustee, receiver or guardian of the estate; or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have a joint responsibility over the portion of the premises sublet or assigned by said lessee.
PARTICLES
Any material, except uncombined water, which exists in finely divided form as liquid particles or solid particles at standard conditions.
PERSON
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.
PLANT LIFE
Vegetation, including but not limited to trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops.
REFUSE
Rubbish, garbage, trade waste and plant life.
RINGELMANN SMOKE CHART
Ringelmann's Scale for Grading the Density of Smoke, as 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.
RUBBISH
Waste solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, papers, ashes, furniture, tin cans, glass, crockery, masonry and other similar materials.
SALVAGE OPERATION
Any operation or activity from which is salvaged or reclaimed any product or material, including but not limited to metals, chemicals or shipping containers.
SMOKE
Small gasborne or airborne particles, exclusive of water vapor, arising from a process of combustion in sufficient number to be observable.
SOLID PARTICLES
Particles of rigid shape and definite volume.
SOURCE OPERATION
Any manufacturing process or any identifiable part thereof emitting an air contaminant into the outdoor atmosphere through one or more stacks or chimneys.
STACK or CHIMNEY
A flue, conduit or opening designed and constructed for the purpose of emitting air contaminants into the outdoor air.
STANDARD CONDITIONS
Shall be 70º F. and one atmosphere of pressure (14.7 pounds per square inch absolute or 760 millimeters of mercury).
TRADE WASTE
All waste solid or liquid material or rubbish resulting from construction, building operations or the prosecution of any business, trade or industry, including but not limited to plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste material.
VISIBLE SMOKE
Smoke which obscures light to a degree readily discernible by visual observation.
No person or owner of property or person or persons having possession or control thereof 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 chapter shall not apply to the use of economic poisons.