[HISTORY: Adopted by the Council of the City of Perth Amboy
5-15-73 as Ord. No. 18-73. Section
132-11A amended at time of adoption of Code; see Ch. 1, General Provisions.
Other amendments noted where applicable.]
It is hereby declared 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 City of Perth Amboy and a cause of substantial damage
to property. For the purpose of controlling and reducing atmosphere
pollution, it is hereby declared to be the policy of the City of Perth
Amboy 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 Environmental Protection, Bureau
of Air Pollution Control.
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:
Central Jersey Regional Air Pollution Control Agency.
Solid particles, liquid particles, vapors or gases which
are discharged into the outdoor atmosphere.
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, to animal or plant life or
to property, or would unreasonably interfere with the enjoyment of
life or property throughout the City of Perth Amboy as shall be affected
thereby, and excludes all aspects of employer-employee relationship
as to health and safety hazards.
City of Perth Amboy.
The Department of Environmental Protection.
Air or gas from any source whatsoever added to the source
gas emitted from a source of operation.
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.
Executive Director of the Central Jersey Regional Air Pollution
Control Agency.
Those chemicals used as insecticides, rodenticides, fungicides,
herbicides, nematocides or defoliants.
Any device capable of causing the emission of an air contaminant
into the open air, 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 the manufacturing process.
Solid, liquid or gaseous materials used to produce useful
heat by burning.
Any furnace, boiler, water heater, device, mechanism, stoker,
burner, stack, oven, stove, kiln, still or other apparatus, or a group
or collection of such units used 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.
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, debris or scrap, or facilities
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 homogeneous
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 and absorbers.
Equipment for propulsion, power or heating on all types of
marine craft and floating equipment.
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.
Any vehicle propelled otherwise than by muscular power, except
such vehicles as run only upon rails or tracks.
A 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.
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 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.
Any material, except uncombined water, which exists in finely
divided form as liquid particles or solid particles at standard conditions.
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies as well as individuals.
The mass rate of air contaminants emitted or to be emitted
through a stack or chimney into the outdoor air exclusive of any type
of control apparatus.
All putrescible and nonputrescible wastes (except body wastes),
and includes but is not limited to garbage, rubbish, yard trimmings,
leaves, ashes, street cleanings, dead animals, abandoned automobiles
and solid particles and industrial wastes.
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 Environmental Protection of the
State of New Jersey as the equivalent of said Ringelmann's Scale.
Solids not considered to be highly flammable or explosive,
and includes but is not limited to rags, old clothes, leather, rubber,
carpets, woods, excelsior, paper, ashes, tree branches, yard trimmings,
furniture, tin cans, glass, crockery, masonry and other similar materials.
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 and drums.
Small gasborne and airborne particles arising from a process
of combustion in sufficient number to be observable.
Particles of rigid shape and definite volume.
Air or gases passed through or generated by a source operation
and discharged from the source operation.
A flue, conduit or opening designed and constructed for the
purpose of emitting air contaminants into the outdoor air.
Seventy degrees Fahrenheit (70° F.) and one (1) atmospheric
pressure [fourteen and seven-tenths (14.7) pounds per square inch
absolute or seven hundred sixty (760) millimeters mercury].
All solid or liquid material or rubbish resulting from construction,
building operations or the prosecution of any business, trade or industry,
and includes but is not limited to plastic products, carbon, paint,
grease, oil and other petroleum products, chemicals, cinders and other
forms of solid or liquid waste materials.
Smoke which obscures light to a degree readily discernible
by visual observation.
[Amended 3-8-2017 by Ord.
No. 1837-2017]
No person shall cause, suffer or permit open burning of refuse
or plant life, conduct a salvage operation by open burning, or conduct
a bonfire. Bonfires may be conducted by the City of Perth Amboy at
City-sponsored events, subject to the requirements of the International
Fire Code, New Jersey Edition (2006), as may be amended and supplemented
from time to time.
A.Â
Smoke emissions from stationary indirect heat exchangers.
(1)Â
No person shall cause, suffer, allow or permit visible smoke to be
emitted into the outdoor air from the combustion of fuel in any stationary
indirect or direct heat exchanger having a rated hourly capacity of
less than two hundred (200) million BTU gross heat input or discharging
through a stack or chimney having an internal cross-sectional dimension
of less than sixty (60) inches.
(2)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 twenty percent (20%) opacity, exclusive of water vapor,
to be emitted into the outdoor air from the combustion of fuel in
any stationary indirect or direct heat exchanger having a rated hourly
capacity of two hundred (200) million BTU or greater gross heat input
or discharging through a stack or chimney having an internal cross-sectional
dimension of sixty (60) inches or greater.
B.Â
Smoke emissions from marine installations.
(1)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 twenty percent (20%) opacity, exclusive of water vapor,
to be emitted into the outdoor air from the combustion of fuel in
the indirect heat exchanger of any marine installation.
C.Â
Smoke emissions from the combustion of fuel in mobile sources. 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 forty percent (40%) opacity, exclusive of water vapor, to be
emitted into the outdoor air from the combustion of fuel in any mobile
source for a period of more than ten (10) consecutive seconds.
D.Â
Smoke emissions from stationary internal-combustion engines and stationary
turbine engines. 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 percent (20%) opacity, exclusive
of 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 ten (10) consecutive seconds.
E.Â
Exceptions. The provisions of this section shall not apply to any
motor vehicle while operating upon the public highways.
A.Â
Permit required. No person shall operate an incinerator and no owner
or operator of any building in the city shall permit the operation
of an incinerator without a duly authorized permit issued by the Director
of the Agency in accordance with this section.
B.Â
Application for permit. Applications for permits to operate incinerators
shall be made on forms provided by the Director of the Agency and
shall provide such information as may be necessary to determine the
nature of the installation, safety and fire protection devices, design
and devices sufficient to ensure against air pollution violations,
necessary information as to person or persons responsible for operation
and for maintenance and the qualifications therefor, and such other
pertinent information as may be necessary for protection of the public
welfare, safety, health and interest.
C.Â
Recommendations as to issuance; conditions; issuance; fee; expiration
date. The Director of the Agency 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 section. Such permit may be conditioned on
improvements being made within a prescribed time or on certain operating
restrictions if necessary to comply with this section. All permits
shall be issued by the City Clerk and shall expire one (1) year following
their issuance or at such time prior thereto as any conditions or
restrictions shall not be complied with. The annual fee for each incinerator
permit shall be twenty-five dollars ($25), payable to the City Clerk,
and the procedures governing such permit shall be in accordance with
the laws of the City of Perth Amboy.
D.Â
Sealing of incinerators operated without permit. The Director of
the Agency may take all necessary steps to seal any incinerator which
has been operated without a duly authorized permit issued pursuant
to this section.
E.Â
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 on the Ringelmann Smoke Chart, to be emitted into the open air,
nor 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 on the Ringelmann Smoke
Chart.
F.Â
New fires. The provisions of Subsection E 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 on the Ringelmann Smoke Chart, for a period of no longer than three (3) consecutive minutes; nor 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 on the Ringelmann Smoke Chart, for a period of no longer than three (3) consecutive minutes.
G.Â
Visible particles. No person shall cause, 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.
H.Â
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.
I.Â
Limitation on time of operation. No person shall operate an incinerator
and no owner or operator of any building in the City of Perth Amboy
shall permit the operation of an incinerator prior to 7:00 a.m. or
after 5:00 p.m. of any day, and all operation shall be completely
terminated by 5:00 p.m., including complete extinction of the fire
and removal of material in a safe manner from the firebox to a noncombustible
container; provided, however, that by special permit the Agency may,
because of exceptional circumstances, permit different hours of operation
under such conditions as it shall deem necessary for the health, safety
and welfare of the public or of persons in the vicinity.
[Amended 5-7-1991 by Ord.
No. 542-91]
A.Â
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.Â
No person shall cause, suffer, allow or permit the motor of a diesel-powered
or gasoline-powered vehicle to be in operation for more than three
(3) consecutive minutes if the vehicle is not in motion, except that
where the ambient temperature is thirty-two degrees Fahrenheit (32°
F.) or less, then the permitted period for idling shall be five (5)
consecutive minutes. The provisions of this subsection shall not apply
to:
Operation of any fuel-burning equipment or incinerator so as
to cause emissions in excess of limits set by this chapter, which
is a direct result of mechanical breakdown or is a direct result of
the shutdown of such equipment or a scheduled maintenance, is not
a violation of this chapter, provided that:
A.Â
The occurrence has been reported to the Agency at least twenty-four
(24) hours before any scheduled maintenance and the scheduled maintenance
is performed where possible during times as specified by the Agency
as favorable for atmospheric ventilation; or
B.Â
The occurrence has been reported to the Agency as soon as reasonably
possible in the case of a mechanical breakdown, but in no case more
than one (1) hour after the occurrence; and
C.Â
Repairs are made with maximum reasonable efforts; and
D.Â
In the event of emission of air contaminants of a nature or in quantities
which would endanger public health or safety, such emission is stopped
entirely or reduced to harmless levels as soon as possible; and
E.Â
Mechanical breakdowns do not occur with such frequency that careless,
marginal or unsafe operation is indicated.
A.Â
All buildings and premises subject to this chapter are subject to
inspection from time to time by the Central Jersey Regional Air Pollution
Control Agency or its 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 inspections, or if 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, 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. Authorized representatives shall include
the Executive Director of the Central Jersey Regional Air Pollution
Control Agency and the Health Officer of the City of Perth Amboy and
their agents, servants or employees.
B.Â
Emergency inspection may be authorized without warrant if the Central
Jersey Regional Air Pollution Control Agency 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 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 times of air pollution emergencies
in accordance with N.J.S.A. 26:2C-32. Where the Central Jersey Regional
Air Pollution Control Agency or its duly authorized representatives
are refused entry or access or are 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.
A.Â
The Central Jersey Regional Air Pollution Control Agency may, upon
affidavit, apply to the Judge of the Municipal Court of the City of
Perth Amboy 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 this chapter may exist on the premises,
including one (1) or more of the following:
(1)Â
That the premises require inspection according to the cycle established
by the City of Perth Amboy for periodic inspections or premises of
the type involved.
(2)Â
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 chapter exist.
(3)Â
Circumstances such as age and design of fuel-burning equipment and/or
system, types of incinerator, particular use of premises or other
factor which renders systematic inspections of such buildings necessary
in the interest of public health and safety.
B.Â
If the Judge of the Municipal Court of the City of Perth Amboy is
satisfied as to the matters set forth in the said 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.
If any person violates any of the provisions of this chapter,
the Agency may institute a civil action in the Superior Court in the
name of the state, on relation of the Agency, for injunctive relief
to prohibit and prevent the continuance of such violation or violations.
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 exceeding the sum of five
hundred dollars ($500) or by imprisonment in the county jail for a
period not to exceed ninety (90) days, or both.[1]
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. Each day of violation shall constitute an additional,
separate and distinct offense.
This chapter 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.
