[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:
Shall mean solid particles, liquid particles, vapors or gases
which are discharged into the outdoor atmosphere.
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.
Shall mean actinolite, amosite, anthophyllite chrysotile,
crocidolite or tremolite.
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.
Shall mean the person who is authorized by this chapter to
exercise the powers prescribed by this Code.
Shall mean those chemicals used as insecticides, rodenticides,
fungicides, herbicides, nematocides or defoliants.
Shall mean any material which can be crumbled, pulverized
or reduced to powder by hand pressure.
Shall mean solid, liquid or gaseous materials used to produce
useful heat by burning.
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.
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.
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.
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.
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.
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.
Shall mean and include all vehicles propelled otherwise than
by muscular power, except such vehicles as run only upon rails or
tracks.
Shall mean the property of a substance which affects the
sense of smell.
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.
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.
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.
Shall mean air space outside of buildings, stacks or exterior
ducts.
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.
Shall mean any material, except uncombined water, which exists
in finely divided form as liquid particles or solid particles at standard
conditions.
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.
Shall mean vegetation, including but not limited to trees,
tree branches, leaves, yard trimmings, shrubbery, grass, weeds and
crops.
Shall mean rubbish, garbage, trade waste and plant life.
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.
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.
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.
Shall mean small gasborne or airborne particles, exclusive
of water vapor, arising from a process of combustion in sufficient
number to be observable.
Shall mean particles of rigid shape and definite volume.
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.
Shall mean a flue, conduit or opening designed and constructed
for the purpose of emitting air contaminants into the outdoor air.
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).
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.
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.
