Borough of Rockleigh, NJ
Bergen County
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Table of Contents
Table of Contents
[1973 Code § 93-1]
It is hereby declared that air pollution is a menace to the health, welfare and comfort of the residents of the Borough of Rockleigh 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 Borough 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. This chapter shall be known and cited as the "Air Pollution Control Code of the Borough of Rockleigh."
[1973 Code § 93-2]
As used in this chapter:
AIR CONTAMINANT
Shall mean solid particles, liquid particles, vapors or gases which are discharged into the outdoor atmosphere.
AIR POLLUTION
Shall mean the presence in the outdoor atmosphere of one (1) 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
Shall mean actinolite, amosite, anthophyllite chrysotile, crocidolite or tremolite.
DIRECT HEAT EXCHANGER
Shall mean 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
Shall mean the person who is authorized by this chapter to exercise the powers prescribed by this Code.
ECONOMIC POISONS
Shall mean those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides or defoliants.
FRIABLE MATERIAL
Shall mean any material which can be crumbled, pulverized or reduced to powder by hand pressure.
FUEL
Shall mean solid, liquid or gaseous materials used to produce useful heat by burning.
GARBAGE
Shall mean waste, animal matter or vegetable matter from houses, kitchens, restaurants, hotels, produce markets or any other source, or food of any kind to be thrown away.
INCINERATOR
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, trade waste, debris or scrap, or a facility for cremating human or animal remains.
INDIRECT HEAT EXCHANGER
Shall mean equipment in which heat from the combustion of fuel is transferred by conduction through a heat-conditioning 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
Shall mean 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
Shall mean 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
Shall mean 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
Shall mean and include all vehicles propelled otherwise than by muscular power, except such vehicles as run only upon rails or tracks.
ODORS
Shall mean the property of a substance which affects the sense of smell.
OPACITY
Shall mean 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
Shall mean 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
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 thereof.
OUTDOOR ATMOSPHERE
Shall mean air space outside of buildings, stacks or exterior ducts.
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 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 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 the lessee.
PARTICLES
Shall mean any material, except uncombined water, which exists in finely divided form as liquid particles or solid particles at standard conditions.
PERSON
Shall mean and include 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
Shall mean vegetation, including but not limited to trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops.
REFUSE
Shall mean rubbish, garbage, trade waste and plant life.
RINGELMANN SMOKE CHART
Shall mean 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
Shall mean 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
Shall mean 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
Shall mean small gasborne or airborne particles, exclusive of water vapor, arising from a process of combustion in sufficient number to be observable.
SOLID PARTICLES
Shall mean particles of rigid shape and definite volume.
SOURCE OPERATION
Shall mean any manufacturing process or any identifiable part thereof emitting an air contaminant into the outdoor atmosphere through one (1) or more stacks or chimneys.
STACK OR CHIMNEY
Shall mean a flue, conduit or opening designed and constructed for the purpose of emitting air contaminants into the outdoor air.
STANDARD CONDITIONS
Shall mean seventy degrees Fahrenheit (70°F.) and one (1) atmosphere pressure (fourteen and seven-tenths (14.7) pounds per square inch absolute or seven hundred sixty (760) millimeters of mercury).
TRADE WASTE
Shall mean 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.
VISIBLE SMOKE
Shall mean smoke which obscures light to a degree readily discernible by visual observation.
[1973 Code § 93-3]
No person or owner of property, or person 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.
[1973 Code § 93-4]
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 of 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.
2. 
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.
[1973 Code § 93-5]
a. 
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 paragraph b hereof.
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 twenty (20%) percent 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 two hundred million (200,000,000) BTUs or greater gross heat input, and discharging through a stack or chimney having all internal cross-sectional dimensions of sixty (60) inches or greater.
c. 
The provisions of paragraphs a and b shall not apply to smoke which is visible for a period of not longer than three (3) minutes to any consecutive thirty (30) minute period.
d. 
The provisions of this subsection shall not apply to direct heat exchangers or manufacturing processes or to any motor vehicle in operation 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 capacity of smoke being discharged into the open air.
[1973 Code § 93-6]
a. 
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 twenty (20%) percent opacity, exclusive of water vapor.
b. 
The provisions of this section shall not apply:
1. 
To particles, the shade or appearance of which is greater than twenty (20%) percent opacity, exclusive of water vapor, emitted for a period of not longer than three (3) minutes in any consecutive thirty (30) minute period.
2. 
To source operations issued a variance by the New Jersey Department of Environmental Protection in accordance with Subchapter 6.5 of the New Jersey Administrative Code.
3. 
To indirect heat exchangers.
4. 
To incinerators.
5. 
For a period of five (5) years from the date of issuance of a valid, permanent certificate to operate to a source operation equipped with control apparatus for which a valid permit to construct or the permanent certificate to operate was issued by the New Jersey Department of Environmental Protection, during the period June 15, 1967 to March 27, 1972.
[1973 Code § 93-7]
a. 
Except as herein provided, persons burning solid or liquid fuel whose products of combustion are discharged into the open air from a stack or chimney shall submit to the Director for each such stack or chimney information relating to place, type of fuel burned, heat content in fuel burned, quantity of fuel burned per hour and/or year, description of combustion equipment, usual period of operation, height and size of outlet, description of air pollution control equipment and such other and pertinent information as may be requested on forms provided for the purpose by the Director. The application forms shall also require submission of the name, address and telephone number of the person or persons responsible for the day-to-day operation and also of the person or persons responsible for the maintenance of any such equipment. Any change in the name, address or telephone number of such person or persons shall be reported to the Director within ten (10) days of the occurrence of such change.
b. 
Such information shall be submitted to the Director within ninety (90) days after either new installations are placed into service or existing installations are altered. Nothing herein shall be construed as relieving any person from the requirements of the State Uniform Construction Code in Borough Code Chapter 9. Additional reports concerning these items may be requested by the Director.
c. 
The provisions of this subsection shall not apply to equipment designed or used for a heat input rate not more than one million (1,000,000) BTUs per hour unless the equipment is designed for or actually using No. 4, No. 5 or No. 6 fuel oil or coal.
[1973 Code § 93-8]
a. 
No person shall operate or permit the operation of an incinerator in the Borough of Rockleigh without a permit issued by the Director in accordance with this Code. The Director shall recommend issuance of a permit for the operation of an incinerator after examining the application and inspecting the facility and being satisfied that it may be operated in accordance with this Code. The permit may be conditioned on improvements being made within a prescribed time or on certain operating restrictions, if necessary, to comply with this Code. All permits shall be issued by the Director and shall expire on December 31 following their issuance, or at such time prior thereto as any conditions or restrictions shall not be complied with. Each incinerator shall require a permit for which the annual fee shall be twenty-five ($25.00) dollars payable to the Borough of Rockleigh.
b. 
Where the operation of an incinerator constitutes an immediate and substantial menace to public health and safety or is a substantial source of air pollution causing irritation and discomfort to persons in the vicinity, and the owner or operator fails upon written or oral notice to take immediate corrective measures, the Director may take all necessary measures to abate the condition including but not limited to ordering the cessation of use of the equipment and sealing the same, pending a hearing in the Municipal Court.
c. 
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 Ringelmann 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 Ringelmann Smoke Chart.
d. 
The provisions of paragraph d shall not apply to smoke emitted during the building of a new fire, the shade or appearance of which is not greater than No. 2 of the Ringelmann Smoke Chart for a period of three (3) consecutive minutes; 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. 2 of the Ringelmann Smoke Chart for a period no greater than three (3) consecutive minutes.
e. 
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.
f. 
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.
[1973 Code § 93-9]
a. 
No person shall cause, suffer, allow or permit surface coating by spraying on any building, structure, facility, installation or internal or external portion thereof asbestos or friable material containing in excess of twenty-five hundredths (0.25%) percent (by weight) asbestos.
b. 
Tests.
1. 
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. 
The Director may waive the testing requirements of paragraph b1 of this subsection 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 paragraph a hereof.
[1973 Code § 93-10; New]
a. 
The Health Officer of the Borough shall, in addition to his other duties, enforce and administer the provisions of this Code and, in exercising his powers and duties hereunder, shall be known as the Director of Air Pollution Control. The Director may appoint or designate an Air Pollution Officer which shall mean an employee of: (1) a local, County or Regional Health Agency, which is certified pursuant to the County Environmental Health Act (N.J.S.A. 26:3 A2-21 et seq.) to perform Air Pollution Activities. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons in order to be considered an Air Pollution Officer.
b. 
The Board of Health, pursuant to N.J.S.A. 26:3-90, may appoint any person employed by the Borough of Rockleigh, or its successor, to administer and enforce this Code in addition to the powers and appointments provided by paragraph a hereof.
[1973 Code § 93-11]
a. 
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. 
Emergency inspections may also be authorized by the Governor in times of air pollution emergencies in accordance with N.J.S.A. 26:2C-26 et seq.
c. 
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 Code and subject to the penalties hereunder.
d. 
Search Warrant or Access Warrant.
1. 
The Director may, upon affidavit, apply to a Judge of the Superior Court of New Jersey or the Bergen County Court for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a violation of the Code may exist on the premises, including one (1) or more of the following:
(a) 
That the premises require inspection according to the cycle established by the Borough for periodic inspections of premises of the type involved.
(b) 
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 Code exist.
(c) 
Circumstances such as age and design of fuel-burning equipment and/or system, type of incinerator, particular use of premises or other factors which render systematic inspections of such buildings necessary in the interest of public health and safety.
2. 
If the Judge of the Court is satisfied as to the matter set forth 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.
e. 
All buildings and premises subject to this Code 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 the premises are not available during the foregoing hours for inspection; if there is reason to believe that violations are occurring on the premises which can be determined and provided by inspection only during other than the prescribed hours; or if 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.
[1973 Code § 93-12]
a. 
Any person who shall violate any of the provisions of this Code or who shall fail to comply therewith or with any of the requirements thereof shall be punishable by a fine not to exceed five hundred ($500.00) dollars or imprisonment for a term not to exceed ninety (90) days, or both, for each violation. Each day that such violation shall continue shall constitute a separate offense.
b. 
The violation of any section or subsection of this Code 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 Code.
[1973 Code § 93-13]
a. 
This Code 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.
b. 
If any section, subsection, paragraph, sentence, clause, phrase, or word contained in this Code shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Code which shall remain in full force and effect.
c. 
This chapter is promulgated and adopted in accordance with N.J.S.A. 26:3-64 et seq., 26:3-70 et seq. and 26:2C-3.1 et seq., and nothing contained herein or any action taken hereunder is to be in conflict with the New Jersey Air Pollution Control Act, the New Jersey Administrative Code and the amendments thereto enacted.