[HISTORY: Adopted by the Township Council
of the Township of East Hanover 11-3-1988 by Ord. No. 34-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution control (Board of Health) — See
Ch. 170.
This chapter shall be known and cited as the
"Air Pollution Control Code of the Township of East Hanover."
It is hereby declared that air pollution is
a menace to the health, welfare and comfort of the residents of the
Township of East Hanover 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 to minimize
air pollution as herein defined and to establish standards governing
the installation, maintenance and operation of equipment and appurtenances
relating to any source or potential source of air pollution.
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.
Any point source which emits an air contaminant from a manufacturing or storage process, excluding fuel-burning units and incinerators which are regulated under § 54-19 of this chapter.
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.
Any change made to equipment or control apparatus or the
use thereof or in a process, including but not limited to any physical
change, change in material being processed or a change in the rate
of production, except where such a production rate change does not
increase the quantity of air contaminant emitted or does not change
the quality or nature of the air contaminant emitted. This term shall
include replacement of the equipment or control apparatus if the replacement
is not equivalent for the purpose of air pollution control to that
which is being replaced or does not continue to represent advances
in the art of air pollution control developed for the kind and amount
of air contaminant emitted.
Any revision to a permit or operating certificate which does
not reflect a change in the quality, nature or quantity of emissions
to the outdoor atmosphere or a change in the effect of the emissions
on ambient air quality. The term shall not include alteration. The
term shall include replacement of the equipment or the control apparatus
if the replacement is equivalent for the purposes of air pollution
control to that which is being replaced and continues to represent
advances in the art of air pollution control developed for the kind
and amount of air contaminant emitted. A revision to a permit or operating
certificate for the sole purpose of registering a change in the contents
of a storage tank, which change does not require any physical or mechanical
alteration of the equipment or additional air pollution control requirements,
shall be considered an amendment. However, in the event a permit or
operating certificate has not been issued by the Department for a
storage tank prior to a change in content, then such a change in content
will constitute an alteration requiring a permit and operating certificate.
Actinolite, amosite, anthophyllite, chrysotile, crocidolite
and tremolite.
A solid, semisolid or liquid material of which the main constituents
are bitumens.
Any valve designed and used to reduce evaporation losses
of volatile organic substances by limiting the amount of air admitted
to, or vapors released from the vapor space of a closed storage vessel.
The filling of an underground tank with gasoline to provide
stability during construction.
Any device which prevents or controls the emission of any
air contaminent.
Any paving asphalt which has been liquefied by blending with
petroleum solvents or produced directly from the distillation of petroleum
and having vaporization properties similar to the blended and liquefied
asphalt.
Any mobile storage tank, including but not limited to tank
trucks or railroad tank cars.
A mechanism for converting energy into mechanical force and
motion by using a compression-ignition type of internal combustion
engine.
A self-propelled vehicle designed primarily for transporting
persons or properties on a public street or highway which is propelled
by a compression-ignition type of internal combustion engine.
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 or persons who are authorized by this chapter
to exercise the powers prescribed by this text.
A floating roof with two complete and separate seal-envelope
combinations, one above the other, containing an enclosed space between
them. At least one of the seals must be supported by a mechanism which
maintains constant seal contact with the inner surface of the vessel
walls, despite surface and attitude irregularities.
Those chemicals used as insecticides, rodenticides, fungicides,
herbicides, nematocides or defoliants.
Asphalt which has been liquefied by mixing with water and
an emulsifying agent.
Any device capable of causing the emission of an air contaminant
into the outdoor atmosphere, and any stack, chimney, conduit, flue,
duct, vent or similar device connected or attached to or serving the
equipment. This shall include equipment in which the preponderance
of the air contaminants emitted is caused by a manufacturing process.
A movable roof in an otherwise open-top storage vessel consisting
of a floating deck resting on the surface of the liquid contents,
a continuous seal supported against the inner surface of the tank
shell and an envelope closing the gap between the floating deck and
the seal, the entire deck-seal-envelope combination free to rise and
fall with the surface of the liquid during filling and emptying of
the storage vessel.
The combination of all structures, buildings, equipment,
storage vessels, source operations and other operations located on
one or more contiguous or adjacent properties owned or operated by
the same person.
A device through which liquid is transferred into a receiving
vessel.
An external or internal pontoon-type or double-deck-type
roof resting on the surface of the liquid contents in a storage vessel
and equipped with a mechanism providing one or more tight seals in
the space between the floating roof rim and the vessel shell throughout
the entire vertical travel distance of the roof, or any other floating-type
mechanism approved by the Department of Environmental Protection for
the purpose of preventing air contaminants from being discharged into
the outdoor atmosphere.
Any material which can be crumbled, pulverized or reduced
to powder by hand pressure.
Solid, liquid or gaseous materials used to produce useful
heat by burning.
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.
Any petroleum distillate having a Reid vapor pressure of
four pounds (207 millimeters of mercury) or greater and used as an
automotive fuel.
A facility consisting of one or more stationary gasoline
storage tanks, together with dispensing devices.
A plant at which gasoline is transferred into delivery vessels.
The rate at which the aggregate heat content based on the
higher heating value of the fuel is introduced into the fuel-burning
equipment.
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.
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.
Particles which have volume but are not of rigid shape and
which, upon collection, tend to coalesce and create uniform homogenus
films upon the surface of the collecting media.
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.
Any container wherein a manufacturing process or any part
thereof takes place.
Equipment designed or constructed to be portable or movable
from one location to another, including but not limited to aircraft,
locomotives operating on rails, tractors, earth-moving equipment,
hoists and mobile power generators.
Includes all vehicles propelled otherwise than by muscular
power, except such vehicles as run only upon rails or tracks.
The 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.
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.
Any vessel in which a manufacturing process or any part thereof
takes place during which there is an opening to the atmosphere greater
than 25% of the surface area of any liquid substance contained therein.
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 chemical compound or mixture of chemical compounds of
carbon, excluding carbon monoxide, carbon dioxide, carbonic acid,
metallic carbonates, metallic carbides and ammonium carbonate.
Air space outside of buildings, stacks or exterior ducts.
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 executors, administrators,
trustees, receivers or guardians of an estate, or as a mortgage 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.
Any material, except uncombined water, which exists in finely
divided form as liquid particles or solid particles at standard conditions.
A low-viscosity liquid asphalt applied to a surface in order
to prepare it for paving an asphalt concrete.
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.
Any mixture of organic substances produced by condensing
vapors of petroleum during distillations, including but not limited
to naphthas, aviation gasoline, motor gasoline, kerosene, diesel oil,
domestic fuel oil and petroleum solvents.
A process for the cleaning of textiles and fabric products
in which articles are washed in a solution of organic material produced
by petroleum distillation and synthesis that exists as a liquid under
standard conditions and then dried by exposure to a heated airstream.
Vegetation, including but not limited to trees, tree branches,
leaves, yard trimmings, shrubbery, grass, weeds and crops.
Any stationary, discernible, confined and discrete conveyance
or conduit, including but not limited to any stack, chimney, duct,
exhaust, ventilator, flue, breather or pressure-release valve, so
arranged or designed as to conduct an effluent into the outdoor air.
Any ventilation system in which pressurized air from a compressed-air
manifold, fan or similar device is blown into a work area.
The mass rate of air contaminants emitted from the final
source operation of a process, exclusive of any type of control apparatus
or product recovery device.
Any vessel into which a volatile organic substance (VOS)
is introduced, including but not limited to storage delivery vessels
and manufacturing process vessels.
Rubbish, garbage, trade waste and plant life.
Investigations directed toward the discovery of facts, scientific
principles, reactions and substances.
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.
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.
Any operation or activity from which is salvaged or reclaimed
any product or material, including but not limited to metals, chemicals
or shipping containers.
A barrier to the passage of volatile organic substance vapors
between a floating roof and the inner surface of a storage vessel
wall, consisting of a seal which maintains constant contact with the
wall as the floating roof rises and descends with the level of the
stored volatile organic substance and a membrane, diaphragm, fabric
or blanket, known as an "envelope," which spans the gap between the
floating roof and the seal and which is vaportight.
Small gasborne or airborne particles, exclusive of water
vapor, arising from a process of combustion in sufficient number to
be observable.
Particles of rigid shape and definite volume.
A class of dry-cleaning dryers that employs a condenser to
liquify and recover solvent vapors evaporated in a closed-loop, recirculating
stream of heated air.
Air or gases passed through, or generated by a source operation
and discharged from the 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.
A flue, conduit or opening designed and constructed for the
purpose of emitting air contaminants into the outdoor atmosphere.
Seventy degrees Fahrenheit and one atmosphere pressure (14.7
pounds per square inch absolute or 760.0 millimeters of mercury).
Any mound of raw material, intermediate or finished product
gathered or heaped in one place.
Any tank, resevoir or vessel which is a container for liquids
or gases, wherein no manufacturing process, or part thereof, takes
place.
A fill pipe whose point of discharge into the receiving vessel
is entirely submerged when the liquid level is no more than six inches
(15.2 centimeters) above the vessel bottom or, in the case of a top-
or side-entering fill pipe, when the liquid level is no more than
three times the inside radius of the fill pipe plus five inches (12.7
centimeters), but no more than 42 inches (106.7 centimeters), above
the vessel bottom.
A device to remove unwanted foreign matter from the surfaces
of nonporous or nonabsorbent materials by using volatile organic substance
solvents in liquid or vapor state.
Any container whose walls are constructed of material which
is rigid and self-supporting.
One of the substances listed as follows:
Benzene (benzol).
Carbon tetrachloride (tetrachloromethane).
Chloroform (trichlormethane).
Dioxane (1, 4-diethylene dioxide).
Ethylenimine (aziridine).
Ethylene dibromide (1, 2-dibromethane).
Ethylene dichloride (1, 2-dichloroethane).
1, 1, 2, 2-tetrachloroethane (sym tetrachlorethane).
Tetrachloroethylene (perchloroethyline).
1, 1, 2-trichloroethane (vinyltrichloride).
Trichloroethylene (trichloroethene).
All solid or liquid waste 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.
The moving of any substance from any storage tank, manufacturing
process vessel or delivery vessel into any receiving vessel.
Equipment operating at an internal pressure which is at least
0.725 pounds per square inch absolute (37.5 millimeters of mercury)
below ambient pressure.
The gaseous form of substances which, under standard conditions,
are in the solid or liquid state and which can be changed to these
states by either increasing the pressure or decreasing the temperature.
A system for controlling vapor losses during the transfer
of volatile organic substance liquid from one vessel to another vessel
or tank by means of the simultaneous counter-transfer of displaced
vapors from the receiving vessel to the vessel supplying the liquid.
A system for preventing the emission of organic vapors into
the outdoor atmosphere.
A seal-envelope combination which is mounted so that underneath
the seal there is an annular vapor space which is bounded by the bottom
of the seal, the vessel wall, the liquid surface and the floating
roof.
The pressure of the vapor phase of a substance or the sum
of the partial pressures of the vapor phases of individual substances
in a mixture of substances, when in equilibrium with the nonvapor
phase of the substance or substances.
Not capable of allowing the passage of gases at the pressures
encountered.
Smoke which obscures light to a degree readily discernible
by visual observation.
Any organic substances, mixture of organic substances or
mixture of organic and inorganic substances, including but not limited
to petroleum crudes, petroleum fractions, petrochemicals, solvents,
diluents and thinners which have vapor pressures or sums of partial
pressures or organic substances of 0.02 pounds per square inch (one
millimeter of mercury) absolute or greater measured at standard conditions
and, in the case of surface coating formulations, includes any coalescing
or other agent, regardless of vapor pressure, which evaporates from
the coating during the drying phase; but does not include methane,
trichlorofluoromethane, dichlorodifluoromethane, chlorodifluoromethane,
trifluoromethane, 1, 1, 21-trichloro- 1, 2, 2 trifluoroethane, 1,
2 dichloro- 1, 1, 2, 2 tetrafluoroethane and chloropentafluoroethane.
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
section shall not apply to the use of economic poisons.
A.Â
No person shall cause, suffer, allow or permit a salvage
operation by open burning.
B.Â
No person shall cause, suffer, allow or permit the
disposal of rubbish, garbage or trade waste or buildings or structures
by open burning.
C.Â
No person shall cause, suffer, allow or permit the
disposal of any type of plant life by open burning.
D.Â
No person shall cause, suffer, allow or permit an
unabated fire to continue burning for more than 24 hours, above ground
or below ground, on the property or premises owned, leased, operated
or maintained by said person.
E.Â
The provisions of this section shall not apply to:
(1)Â
Persons holding variances approved and issued by the
New Jersey Department of Environmental Protection in accordance with
N.J.A.C. 7:27-2 et seq.
(2)Â
Open burning of refuse for training or research exercises
when conducted at a permanent facility or training center designed
to be used solely for such purposes on a continuing basis.
A.Â
No person shall cause, suffer, allow or permit visible smoke to be emitted into the outdoor air from combustion of fuel in any stationary indirect heat exchanger, except as provided in Subsection B hereof.
B.Â
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 greater than 1,000,000 Btu gross heat input and discharging through
a stack or chimney having all internal cross-sectional dimensions
of 30 inches or greater.
D.Â
No person shall cause, suffer, allow or permit smoke
the shade or appearance of which is darker than No. 2 on the Ringelmann
Smoke Chart or greater than 40% opacity, exclusive of visible condensed
water vapor, to be emitted into the outdoor air from the combustion
of fuel in any mobile source for a period of more than 10 consecutive
seconds.
E.Â
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 visible condensed
water vapor, to be emitted into the outdoor air from the combustion
of fuel in any stationary internal combustion engine or any stationary
turbine engine for a period of more than 10 consecutive seconds.
F.Â
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 visible condensed
water vapor, to be emitted into the outdoor air from the combustion
of fuel in any diesel motor for a period of more than five consecutive
seconds.
G.Â
The provisions of this section shall not apply to
manufacturing processes or any motor vehicle while operating on the
public highways.
H.Â
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.
A.Â
No person shall cause, suffer, allow or permit particles
to be emitted from any stack or chimney into the outdoor air the shade
or appearance of which is greater than 20% opacity, exclusive of water
vapor.
B.Â
No person shall cause, suffer, allow or permit particles
to be emitted from the operation of construction sites.
C.Â
No person shall cause, suffer, allow or permit particles
to be emitted from demolition activities.
D.Â
No person shall cause, suffer, allow or permit the
demolition or renovation of an institutional, industrial or commercial
building containing friable asbestos materials, unless:
E.Â
No person shall cause, suffer, allow or permit particles
to be emitted from unpaved roadways or parking lots.
F.Â
No person shall cause, suffer, allow or permit particles
to be emitted from storage piles whereby particulate matter is entrained
and deposited onto neighboring properties.
G.Â
No person shall cause, suffer, allow or permit fugitive
emissions from charging doors, ductwork, vents, widows and doors,
outdoor industrial operations and materials handling whereby particles
are deposited onto neighboring properties.
H.Â
The provision of this section shall not apply to:
(1)Â
Particles, the shade or appearance of which is greater
than 20% opacity, exclusive of water vapor, for a period of not longer
than three minutes in any consecutive thirty-minute period.
(2)Â
Source operations issued a variance by the New Jersey
Department of Environmental Protection in accordance with N.J.A.C.
7:27-6.5.
(3)Â
Indirect heat exchangers.
(4)Â
Incinerators.
A.Â
No person shall cause, suffer, allow or permit the
motor of a diesel- or gasoline-powered vehicle to be in operation
for more than three consecutive minutes if the vehicle is not in motion,
except, where the ambient temperature is 32° F. [0° C.] or
less, then the permitted period for idling shall be five consecutive
minutes.
B.Â
The provisions of Subsection A shall not apply to:
(1)Â
Emergency vehicles in the performance of emergency
work.
(2)Â
Buses in the act of discharging or loading passengers.
(3)Â
Vehicles stopped in the line of traffic.
(4)Â
Electric motor vehicles.
(5)Â
Vehicles whose primary and/or secondary power source
is utilized in whole or in part for necessary and definitively prescribed
mechanical operation other than propulsion.
A.Â
No person shall cause, suffer, allow or permit the
storage of a volatile organic substance in any stationary storage
tank having a capacity greater than 2,000 gallons (7,570 liters) exposed
to the rays of the sun unless the external surface of the tank is
painted and maintained white.
B.Â
The provisions of Subsection A shall not apply to words and logograms applied to the external surface of a storage tank for purposes of identification, provided that such symbols do not cover more than 20% of the external surface area of the tank's sides and top or more than 200 square feet (18.6 square meters), whichever is less.
D.Â
Any delivery vessel, excluding a railroad tank car,
used for storing volatile organic substances for more than one month
shall be considered a stationary storage tank for the purpose of this
section.
A.Â
No person shall cause, suffer, allow or permit the
transfer of gasoline from any delivery vessel into any stationary
storage tank of 2,000 gallons (7,570 liters) or greater capacity unless
such storage tank is equipped with and operating one of the following
controls:
(1)Â
A vapor balance system with all atmospheric vents
positively closed during transfer;
(2)Â
A vapor balance system with a conservation vent adjusted
to remain closed during the transfer;
(3)Â
A vapor balance system with a drilled cap on the atmospheric
vent, the drilled hole not to exceed 1/4 inch (6.4 millimeters) in
diameter;
(4)Â
A vapor control system which reduces, by no less than
95% by volume, the air-vapor mixture displaced during the transfer
of gasoline; or
(5)Â
A floating roof or equivalent approved by the Department.
B.Â
No person shall cause, suffer, allow or permit the transfer of gasoline or any substance into any gasoline-vapor-laden delivery vessel of 2,000 gallons' (7,570 liters) or greater total capacity at a gasoline-loading facility unless such delivery vessel is connected to control apparatus installed and operating in accordance with the provisions of Subsection C.
C.Â
No person shall cause, suffer, allow or permit the
transfer or loading of gasoline or any substance into any gasoline-vapor-laden
delivery vessel at a gasoline-loading facility unless such facility
is equipped with and operating a control apparatus in accordance with
the following provisions:
(1)Â
Facilities loading more than 2,000 gallons (7,570
liters) of gasoline per day, but not more than 15,000 gallons (56,775
liters) of gasoline per day, shall be equipped with and operating
a vapor balance system or other control apparatus of equal or higher
efficiency. Such vapor balance system shall have no opening operating
vent to the atmosphere during transfer and shall not return the vapors
to any tank equipped with a floating roof.
(2)Â
Facilities loading more than 15,000 gallons (56,775
liters) of gasoline per day shall be equipped with and operating a
vapor control system which:
(a)Â
Prevents volatile organic substance emissions to the outdoor atmosphere from exceeding the maximum allowable emissions as determined from Table III;[1] or
[1]
Editor's Note: Table III is included at the end of this chapter.
(b)Â
Reduces the total emissions of volatile organic
substances to the outdoor atmosphere by no less than 90%, by weight.
(3)Â
The daily loading rate shall be calculated on the
basis of the daily average rate during the month with the highest
throughput in the last 12 months operated.
D.Â
No person shall cause, suffer, allow or permit the
transfer of gasoline into any vehicular fuel tank unless the transfer
is made using a vapor-control system approved by the Department of
Environmental Protection which is designed, operated and maintained
so as to:
E.Â
The provisions of Subsection G shall not apply to a gasoline-dispensing facility with a monthly throughput of 10,000 gallons (37,850 liters) or less.
F.Â
No person shall cause, suffer, allow or permit any
delivery vessel having a maximum total capacity of 2,000 gallons (7,570
liters) or greater to contain gasoline unless such delivery vessel:
(1)Â
Sustains a pressure change of less than three inches
of water (six millimeters of mercury) in five minutes when pressurized
to 18 inches of water (34 millimeters of mercury) and evacuated to
six inches of water (11 millimeters of mercury), as tested at least
once in every twelve-month period for leaks in accordance with test
procedures specified by the Department of Environmental Protection.
(2)Â
Has a certification affixed to the vessel in a prominent
location which indicates the identification number of the vessel and
the date the vessel last passed the pressure and vacuum tests.
(3)Â
Has a record of certification which shall be kept
with the delivery vessel at all times and made available, upon request,
by the Department. The record of certification shall include the test
title, delivery vessel owner and address, delivery vessel identification
number, testing location, date of test, tester name and test results.
G.Â
No person shall cause, suffer, allow or permit volatile organic substances to be emitted into the outdoor atmosphere during a transfer of gasoline, subject to the provisions of Subsections A, C, D, E, F and G from leaking components of gasoline vapor control systems or delivery vessels being loaded or unloaded if:
H.Â
The provisions of Subsection D shall not apply to delivery vessels used for less than one month for the purpose of holding gasoline from a storage tank during a period in which the storage tank if undergoing repair or maintenance.
I.Â
No person shall cause, suffer, allow or permit the
transport of any volatile organic substance in a delivery vessel of
2,000 gallons' (7,570 liters) or greater total capacity unless such
vessel is vaportight at all times while containing volatile organic
substances, except:
J.Â
The provisions of this section of this chapter shall
not apply to the transfer of volatile organic substances into marine
delivery vessels.
M.Â
Any person subject to the provisions of Subsection F(1) and loading between 2,000 and 4,000 gallons (15,140 liters) of gasoline per day shall comply with the following schedule:
(1)Â
By January 1, 1986, a completed application for a permit to construct, install or alter control apparatus or equipment, pursuant to N.J.A.C. 7:27-8, which demonstrates compliance with the requirements of Subsection F(1) shall be submitted to the Department of Environmental Protection, and a completed certificate of registration application, pursuant to § 54-15 of this chapter, shall be submitted to this agency.
(2)Â
By July 1, 1986, construction of equipment and control
apparatus in accordance with the approved permit to construct, install
or alter control apparatus or equipment and approved certificate of
registration shall commence.
(3)Â
By December 31, 1986, compliance shall be achieved.
N.Â
Any person subject to the provisions of Subsection G shall comply with the following schedules:
(1)Â
By July 1, 1986, a completed application for a permit to construct, install or alter control apparatus or equipment, pursuant to N.J.A.C. 7:27-8, which demonstrates compliance with the requirements of Subsection G, shall be submitted to the Department of Environmental Protection, and a certificate of registration application, pursuant to § 54-14 of this chapter, shall be submitted to this agency.
(2)Â
By January 1, 1987, construction of equipment and
control apparatus in accordance with the approved permit to construct,
install or alter control apparatus or equipment, pursuant to N.J.A.C.
7:27-8, and approved certificate of registration shall commence.
(3)Â
By July 1, 1987, compliance shall be achieved.
No person shall cause, suffer, allow or permit
the use of cutback asphalt or emulsified asphalt containing volatile
organic substances unless:
A.Â
The material is applied during the periods of January
1 through April 15 or October 15 through December 31;
B.Â
The use is solely as a penetrating prime coat;
C.Â
The emulsified asphalt contains no greater than 8%
volatile organic substance by volume and is used for mixed-in-place
construction;
D.Â
The material is a cold-mix, stockpile material used
for pavement repair; or
E.Â
The user can demonstrate that there are no emissions
of volatile organic substances from the asphalt under conditions of
normal use.
A.Â
The provisions of §§ 54-9, 10 and 11 shall not comply to any operation granted a variance under N.J.A.C. 7:27-16.10.
A.Â
No person shall cause, suffer, allow or permit surface
coating, by spraying on any building, structure, facility, installation
or internal or external portion thereof, of asbestos or friable material
containing in excess of 0.25%, by weight, asbestos.
B.Â
Tests.
(1)Â
Any person responsible for the manufacture, application
or use of any coating, which the Director, or any agent thereof, has
reason to believe contains asbestos shall, when requested by the Director,
conduct such tests as are necessary in the opinion of the Director
to determine the presence and the amount and/or kinds of asbestos
in the coating. Such tests shall be conducted in a manner approved
by the Director and shall be made at the expense of the person responsible.
(2)Â
The Director may waive the testing requirements of Subsection (1) of this section upon receipt of a materials specification report from the material manufacturer certifying that the asbestos content of the surface coating for which testing is required complies with the provisions of § 54-11A hereof.
A.Â
The Health Officer of the Township of East Hanover
shall, in addition to his other duties, 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.
B.Â
The Director may appoint or designate other employees
or officers of the Township of East Hanover to perform duties necessary
for the enforcement of this chapter.
A.Â
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 only take place where the time taken to apply for and secure
the issuance of a warrant would render ineffective the immediate action
necessary to abate the condition.
B.Â
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.
C.Â
Where the Director or his agent 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.
D.Â
The Director may, upon affidavit, apply to the court
or Judge having jurisdiction for a search warrant setting forth factually
the actual conditions and circumstances that provide a reasonable
basis for believing that a violation of this chapter may exist on
the premises.
E.Â
If the Judge of the Township of East Hanover is satisfied
as to the matter set forth in the said affidavit, he may 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.
F.Â
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)Â
The premises are not available during the foregoing
hours for inspection;
(2)Â
There is reason to believe that violations are occurring
on the premises which can be determined and proved by inspection only
during other than the prescribed hours;
(3)Â
There is reason to believe a violation exists of a
character which is an immediate threat health or safety requiring
inspection and abatement without delay.
A.Â
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 be punishable by a fine not to exceed
$1,000 or imprisonment for a term not to exceed 30 days, or both,
for each violation. Each day that such violation shall continue shall
constitute a separate offense.
B.Â
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.
This chapter is to be liberally construed to
effectuate the purpose 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.
This chapter is promulgated and adopted in accordance
with N.J.S.A. 26:2C-8, P.L. 1954, c. 212 (N.J.S.A. 26:2C-1 to 2C-23),
amended by P.L. 1962, c. 215; P.L. 1967, c. 105; and P.L. 1967, c.
106; and nothing contained herein or any action taken hereunder is
to be interpreted as being in conflict with the New Jersey Air Pollution
Control Act and the New Jersey Administrative Code.
A.Â
No person shall cause, suffer, allow or permit the
use of any incinerator equipment without first having registered this
equipment with this agency.
B.Â
An incinerator registration shall be valid for a period
of five years from the date of issuance.
C.Â
An incinerator registration must be renewed by application
between 30 and 90 days prior to its expiration date.
D.Â
Information on either new installations being placed
into service or existing installations which have been altered shall
be submitted to the Director or designee within three months after
their introduction to service.
E.Â
All existing incinerators must be registered within
one year of the effective date of this chapter.
F.Â
The possession of an incinerator registration does
not relieve any person from the obligation to comply with all other
provisions of this chapter, nor does it in any way void the applicant's
obligation to obtain the necessary permits, certificates and licenses
from any other regulatory agency.
G.Â
Any person in possession of an incinerator registration
shall maintain said registration readily available on the premises
where the incinerator is located.
H.Â
Application for an incinerator registration shall
be made to this agency on forms provided by this agency.
I.Â
This agency may require such details regarding the
incinerator as it considers necessary to determine that the incinerator
is designed to operate without causing a violation of any of the provisions
of this chapter or of any rules or regulations promulgated hereunder,
and that the incinerator incorporates advances in the art of air pollution
control developed for the kind and amount of air contaminant emitted
by the applicant's incinerator and that the incinerator is being maintained
and operated in a manner which minimizes emissions of air contaminants.
J.Â
An applicant registering an incinerator shall supply
the following information:
(1)Â
The nature of the installation.
(2)Â
The type and quantity of waste to be burned.
(3)Â
A description of safety and fire protection devices.
(4)Â
A description of the equipment configuration.
(5)Â
A description of the devices that are incorporated
with the incinerator to ensure against the emission of air pollutants.
(6)Â
The name, address, business-hours telephone number
of the owner and/or person responsible for the day-to-day operation
of the equipment and at least two non-business-hour telephone numbers
to be used in an emergency situation.
(7)Â
The name, address, business-hours telephone number
of the owner and/or person responsible for the maintenance of the
equipment and at least two non-business-hour telephone numbers to
be used in an emergency situation.
(8)Â
The Department of Environmental Protection air pollution
permit and certificate number assigned to the incinerator.
(9)Â
Such other information as this agency may require.
