[1]
The power to provide air pollution regulations is part of
the police power granted by N.J.S.A. 40:69A-29, 30.
[1973 Code § 14-1]
It is hereby declared by the Township Council 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 atmospheric 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 Health, Air Pollution Control
Program.
[1973 Code § 14-2]
As used in this section:
shall mean 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.
shall mean those chemicals used as insecticides, rodenticides,
fungicides, herbicides, nematocides, or defoliants.
shall mean any furnace, boiler, water heater, device, mechanism,
stoker, burner, stack, oven, stove, kiln, still, or other apparatus,
or a group or collections of such units in the process of fuel-burning
for the generation of heat or power. Refuse-burning equipment shall
be considered incinerators as herein defined and not as fuel-burning
equipment under this definition. Ovens, stoves, or ranges used exclusively
for domestic cooking purposes are not included herein.
shall mean 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,
debris, or scrap or facilities for cremating human or animal remains.
shall mean a property of a substance which affects the sense
of smell.
shall mean any fire wherein the products of combustion are
emitted into the open air and are not directed through a stack or
chimney.
shall mean 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.
shall mean 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 a 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.
shall mean all putrescible and nonputrescible waste (except
body wastes) and shall include but not be limited to garbage, rubbish,
yard trimmings, leaves, ashes, street cleanings, dead animals, abandoned
automobiles and solid market and industrial wastes.
shall mean Ringelmann's Scale for Grading the Density
of Smoke, published by the United States Bureau of Mines, or any chart,
recorder, indicator, or device for the measurement of smoke density
which is approved by the State Department of Health of the State of
New Jersey, as the equivalent of the Ringlemann's Scale.
shall mean solids not considered to be highly flammable or
explosive, and shall include but not be limited to rags, old clothes,
leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches,
yard trimmings, furniture, tin cans, glass, crockery, masonry, and
other similar materials.
shall mean any business, trade, or industry engaged in whole
or in part in salvaging or reclaiming any product or material, including
but not limited to metals, chemicals, shipping containers, or drums.
shall mean gas-borne and air-borne particles arising from
a process of combustion in sufficient number to be observable.
shall mean 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, carton, paint, grease, oil and other petroleum
products, chemicals, cinders, and other forms of solid or liquid waste
materials.
[1973 Code § 14-3]
a.
General Regulation. 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 subsection
shall not apply to the use of economic poisons.
b.
Open Burning. No person shall cause, suffer, allow, or permit, open burning of refuse or plant life nor conduct a salvage operation by open burning except as provided in Subsection 20-1.3c.
c.
Open Burning of Trade Waste. The open burning of trade waste is not
prohibited where no other known method of disposal can be used without
hazard to health or property and the required affidavit has been filed
with and approved by the Commissioner of the New Jersey State Department
of Health in accordance with Chapter II, Section 1.4 of the New Jersey
Air Pollution Control Code.
d.
Smoke. No person shall cause, suffer, allow, or permit, smoke from
any fuel-burning equipment, the shade or appearance of which is darker
than No. 1 of the Ringlemann Smoke Chart, to be emitted into the open
air. The provisions of this paragraph shall not apply to smoke emitted
during the cleaning of a fire box or the building of a new fire, the
shade or appearance of which is not darker than No. 2 of the Ringlemann
Smoke Chart, for a period or periods aggregating no more than three
(3) minutes in any fifteen (15) consecutive minutes.
[1973 Code § 14-4]
a.
Smoke Emissions. No person shall cause, suffer, allow, or permit,
smoke from any incinerator, the shade or appearance of which is darker
than No. 1 of the Ringlemann Smoke Chart, to be emitted into the open
air; or emissions of such opacity within a stack or chimney, or exclusive
of water vapor, of such opacity leaving a stack or chimney to a degree
greater than the emission designated as No. 1 of the Ringlemann Smoke
Chart.
b.
New Fires. The provisions of paragraph a., above, shall not apply
to smoke emitted during the building of a new fire, the shade or appearance
of which is not darker than No. 2 of the Ringlemann Smoke Chart, for
a period of no longer than three (3) consecutive minutes; or to emissions
of such opacity within a stack or chimney or exclusive of water vapor,
of such opacity leaving a stack or chimney to a degree which is not
greater than the emissions designated as No. 2 of the Ringlemann Smoke
Chart, for a period no longer than three (3) consecutive minutes.
c.
Visible Particles. No person shall cause, suffer, allow or permit
the emission of particles of unburned waste or ash from any incinerator
which are individually large enough to be visible while suspended
in the atmosphere.
d.
Odors. No person shall construct, install, use or cause to be used,
any incinerator which will result in odors being detectable by sense
of smell in any area of human use or occupancy.
e.
Limitation on Time of Operation. No person shall operate, and no
owner or operator of any building in the Township shall permit the
operation of, an incinerator prior to 7 a.m. or after 5 p.m. of any
day and all operation shall be completely terminated by 5 p.m., including
complete extinction of the fire and removal of material in a safe
manner from the firebox to a noncombustible container; provided that
by special permit, the Air Pollution Control Officer may, because
of exceptional circumstances, permit different hours of operation
under such conditions as he shall deem necessary for the health, safety
and welfare of the public or of persons in the vicinity.
[1973 Code § 14-5]
a.
Inspections Authorized. All buildings and premises subject to this
chapter are subject to inspection from time to time by the Air Pollution
Control Officer 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;
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;
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. Emergency inspections may be authorized without
warrant if the Air Pollution Control Officer 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 time of air pollution emergencies
in accordance with N.J.S.A. 26:2C-32. Where the Air Pollution Control
Officer or his duly authorized representatives 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 section and subject to penalties hereunder.
c.
Search Warrant or Access Warrant. The Air Pollution Control Officer
may upon affidavit, apply to the Municipal Judge 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 the section 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 Air Pollution Control Officer for periodic inspections or premises
of the type involved.
2.
That observation of external conditions (for example, smoke, ash,
soot, odors) of the premises and its public areas has resulted in
the belief that violations of this section exist.
3.
Circumstances such as age and design of fuel-burning equipment or
system, types of incinerators, particular use of premises or other
factors which render systematic inspections of such buildings necessary
in the interest of public health and safety.
If the Municipal Judge is satisfied as to the matters set fort
in the 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.
d.
Emergency Powers. This section 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.
[1973 Code § 17-9.1; Ord. No. 31-1992]
As used in this chapter:
shall mean any act exclusively occasioned by an unanticipated,
grave natural disaster without the interference of any human activity.
shall mean any intentional or unintentional action or omission
resulting in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of hazardous substances into any waters which
flow within the jurisdiction of this Township or any land within the
jurisdiction of this Township.
shall include any items used to extinguish or prevent any
hazardous material fire or to stop or contain any leak, release or
spill involving any hazardous material, which cannot be reused or
cannot be replenished without cost after that particular incident.
These expendable items include but are not restricted to fire-fighting
foams, chemical extinguishing agents, absorbent materials, sand, recovery
drums, protective equipment and clothing, including but not limited
to chemical protective suits, chemical protective gloves, goggles,
and any other such items owned or controlled by the Township.
shall mean any material, solid, liquid or gas listed as such
under the National Fire Protection Association Guide of Hazardous
Materials or the Department of Transportation Guide Book; any environmental
hazardous substance on the environmental hazardous substance list
adopted by the New Jersey Department of Environmental Protection and
Energy (NJDEPE) pursuant to N.J.S.A. 34:5A-4; any elements and compounds,
including but not limited to petroleum products, which are defined
as such by the NJDEPE after public hearing; and which shall also be
read to include the list of hazardous substances adopted by the United
States Environmental Protection Agency (EPA) pursuant to Section 311
of the Federal Water Pollution Control Act Amendments of 1972, Pub.
L. 92-500, as amended by the Clean Water Act of 1977, Pub. L. 95-217
(33 U.S.C. Section 1252 et seq.); the list of toxic pollutants designated
by Congress or the EPA pursuant to Section 307 of the Federal Water
Pollution Control Act; the list of hazardous substances adopted by
the EPA pursuant to Section 101 of the "Comprehensive Environmental
Response, Compensation and Liability Act of 1980," Pub. L. 96-510
(42 U.S.C. Section 9601, et seq.); any hospital or medical waste including
but not limited to syringes, bandages and discarded pharmaceutical
products; and any other such material warranting removal or cleanup
in the opinion of the officials of the Township; provided, however,
that sewage and sewage sludge shall not be considered as hazardous
substances for the purposes of this section.
shall mean any county or municipality, or any office, agency,
division, or instrumentality thereof.
shall include public or private corporations, companies,
associations, societies, firms, partnerships, joint stock companies,
individuals, the United States, the State of New Jersey and any of
its political subdivisions or agents.
shall include oil or petroleum of any kind and in any form,
including but not limited to oil, petroleum, gasoline, kerosene, fuel
oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils,
and substances or additives to be utilized in the refining or blending
of crude petroleum or petroleum stock in this state.
shall mean, for the purposes of this section, to include
the employees, agents, officers, officials, volunteer organizations
and supporting units of the Township of Aberdeen.
shall mean any motorized equipment, registered or unregistered,
including but not limited to passenger cars, motorcycles, trucks,
tractor trailers, construction equipment, farm machinery, watercraft,
aircraft and trains.
shall mean any container, drum, box, cylinder, tank or other
contrivance that is practically capable of being used as a means to
hold, contain, carry or store any hazardous materials, whether or
not the container was manufactured for the containment of a hazardous
material.
shall mean any duly incorporated volunteer fire, ambulance,
first aid, emergency or rescue company or squad, located in the Township
of Aberdeen.
[1973 Code § 17-9.2; Ord. No. 31-1992]
a.
This section provides for the reimbursement for, or the replacement
of, any and all equipment utilized by the Township and for costs expended,
without regard to ownership, for the purpose of mitigating, controlling,
or containing any incident in which a hazardous substance or material
is involved in a discharge, fire or explosion, or where the potential
thereof exists, or for the prevention of same.
b.
This section entitles the Township to reimbursement for the expenses
incurred for the wages (regular or overtime) paid to its employees,
agents, or servants as a result of an incident, including but not
limited to a discharge, fire or explosion involving a hazardous substance
or material, as well as the costs of medical and hospital treatment
for injuries incurred by agents, servants and employees of the Township.
c.
This section also provides for a penalty for violation of the section
for either committing a discharge or for the failure to report the
same to the Township.
[1973 Code § 17-9.3; Ord. No. 31-1992]
a.
The discharge of hazardous substances or materials is prohibited.
This section shall not apply to the discharge of hazardous substances
or materials pursuant to and in compliance with the conditions of
a Federal or State permit.
b.
Any person who may be subject to liability for a discharge, or becomes
aware of a discharge which occurred prior to or after the effective
date of this section, shall immediately notify the Township of Aberdeen
Police Department at 732-566-2054, or by using the 911 emergency system
once it becomes available to the Township.
c.
Whenever any hazardous substance or material is discharged, the Township
may, in its discretion, act to remove or arrange for the removal of
such discharge.
d.
Any person who has discharged a hazardous substance, or who has failed
to report a discharge, or who is in any way responsible for any hazardous
substance which has been or shall be removed by the Township, shall
be strictly liable, jointly and severally, without regard to fault,
for all cleanup and removal costs, wages (regular and overtime) paid,
and any and all costs of medical and hospital treatment for injuries
incurred by the agents, servants and employees of the Township.
e.
An act or omission caused solely by war, sabotage, or God, or a combination
thereof, shall be the only defense which may be raised in any action
arising under the provisions of this section.
[1973 Code § 17-9.4; Ord. No. 31-1992]
Reimbursement to the Township of Aberdeen for any expendable
items used shall be made by the following parties:
a.
The owner or operator of, or person responsible for, any vehicle
accountable for any discharge of hazardous materials;
b.
The owner or person responsible for any vessel containing hazardous
materials involved in any fire or discharge on public or private property,
whether stationary or in transit, and whether accidental or through
negligence;
c.
The owner or person responsible for any property from which any discharge
of hazardous material emanates, whether accidental or through negligence;
or
d.
Any person responsible for any fire or discharge of hazardous materials
on public or private property, whether accidental or through negligence.
[1973 Code § 17-9.5; Ord. No. 31-1992]
a.
Any person responsible for any discharge involving a hazardous substance
or material must provide reimbursement for services rendered by any
recovery company or towing company or for other technical assistance
called for by the Township to handle such an incident.
b.
In the event that a vehicle has been responsible for an incident,
it shall be impounded, where possible, by the Township Police Department
until such time as it has been deemed safe to proceed by the responsible
official in conjunction and in cooperation with the Township, and
until such time as arrangements have been made to reimburse the Township
and the towing company for their expenditures under the terms of this
section.
[1973 Code § 17-9.6; Ord. No. 31-1992]
a.
The person, owner or operator responsible for any incident involving
the discharge, fire or explosion of hazardous substances or materials
shall reimburse the Township for the full price of all necessary expendable
items, plus costs associated with stopping, controlling or containing
such a discharge, fire or explosion within forty-five (45) days after
receipt of an invoice from the Township setting forth expenses incurred
to date resulting from the aforesaid incident.
b.
The Township shall utilize its best efforts to collect costs hereunder,
and shall reimburse its agents or the local units or volunteer organizations
for amounts collected. In the event that the Township is not able
to collect the costs or only a portion thereof, the Township shall
not be responsible to its agents or the local units or volunteer organizations
for the full amount of same.
[1973 Code § 17-9.7; Ord. No. 31-1992; New]
Any person, owner or operator responsible for any incident involving a discharge, fire or explosion involving hazardous substances or materials, who fails to reimburse the Township of Aberdeen within the time set forth in this section, shall be subject to the penalty stated in Chapter I, Section 1-5. The minimum penalty shall be not less than one hundred ($100) dollars per day. The person responsible for committing a discharge, or who fails to report the discharge, will be liable for the same penalties.
[1973 Code § 17-9.8; Ord. No. 31-1992]
A local government unit or volunteer organization responding to an emergency caused by an incident involving the discharge, fire or explosion of hazardous substances or materials in the Township shall keep a detailed record of the costs attributable thereto, and shall certify that record to the Township Council. Subject to the provisions of subsection 20-2.6b, any reimbursement collected by the Township for such incidents shall be credited to the appropriate funds of each local government unit or volunteer organization from which monies were expended in responding to the emergency.
[Added 12-15-2015 by Ord. No.
18-2015]
The drilling technique of expanding existing fractures or
creating new fractures in rock by injecting water, often with chemicals,
sand, or other substances, and often under pressure, into or underneath
the surface of the rock for purposes including, but not limited to,
well drilling and natural gas exploration and production. The term
"hydraulic fracturing" shall include "fracking," "hydrofracking,"
"hydrofracturing," and other colloquial terms for this drilling technique.
No wastewater, wastewater solids, sludge, drill cuttings or
other byproducts resulting from hydraulic fracturing for the purpose
of natural gas exploration or production may be treated, discharged,
disposed of, applied to a roadway or otherwise released into the environment,
or stored in the Township of Aberdeen.
a.
Any person or entity violating the provisions of this section, upon
conviction before a Municipal Court Judge of the Township of Aberdeen,
shall be subject to a fine of not more than $2,500 in the discretion
of Municipal Court Judge.
b.
In addition to any other remedies provided for in this section, the
Township Attorney, or his or her designee, may commence an action
in the Superior Court of New Jersey to enjoin a person or entity that
has violated this section and for any other appropriate remedies at
law or equity.
All ordinances or parts of ordinances inconsistent with the
provisions of this section and the same are hereby repealed.
If any portion or clause of this section is declared invalid
for any reason whatsoever, same shall not affect the validity or constitutionality
of any other part or portion of this section.
The effective date of this section shall be 20 days after its
final passage by Township Council and approval by the Mayor at the
time and in the manner provided by law.
