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Borough of Manasquan, NJ
Monmouth County
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Table of Contents
Table of Contents
[1972 Code § 37-1; Ord. No. 875]
This section shall be known and may be cited as the "Air Pollution Control Code of the Borough."
[1972 Code § 37-2; Ord. No. 875]
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 Borough 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 Borough 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.
[1972 Code § 37-3; Ord. No. 875]
As used in this section:
AIR POLLUTION
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 this Borough as shall be affected thereby, and excludes all aspects of employer-employee relationship as to health and safety hazards.
DEPARTMENT
Shall mean the Department of Environmental Protection and Energy.
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.
ECONOMIC POISONS
Shall mean those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides or defoliants.
FUEL
Shall mean solid, liquid or gaseous materials used to produce useful heat by burning.
FUEL-BURNING EQUIPMENT
Shall mean 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 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.
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, debris or scrap or facilities 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-conducting 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.
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.
MARINE INSTALLATION
Shall mean equipment for propulsion, power or heating on all types of marine craft and floating equipment.
MOBILE SOURCE
Shall mean 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.
MOTOR VEHICLE
Shall mean any vehicle propelled otherwise than by muscular power, except such vehicles as run only upon rails or tracks.
ODOR
Shall mean a 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.
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.
OWNER
Shall mean any person who, along 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 of 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.
PERSON
Shall mean and include corporations, companies, associations, societies, firms, partnerships and joint-stock companies, as well as individuals.
REFUSE
Shall mean all putrescible and nonputrescible wastes (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.
RINGELMANN SMOKE CHART
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 Environmental Protection of the State of New Jersey, as the equivalent of Ringelmann's Scale.
RUBBISH
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.
SALVAGE OPERATIONS
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.
SMOKE
Shall mean small gas-borne and airborne particles arising from a process of combustion in sufficient number to be observable.
STACK or CHIMNEY
Shall mean a flue, conduit or opening designed and constructed for the purpose of emitting air contaminants into the outdoor air.
TRADE WASTE
Shall mean all 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, carbon, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials.
VISIBLE SMOKE
Shall mean smoke which obscures light to a degree readily discernible by visual observation.
[1972 Code § 37-4; Ord. No. 875]
No person shall cause, suffer or permit open burning of refuse, plant life, or conduct a salvage operation by open burning except as permitted under Chapter 2 of the New Jersey Air Pollution Control Code and only as prescribed thereunder.
[1972 Code § 37-5; Ord. No. 875]
No person shall cause, suffer, allow or permit visible smoke from any fuel-burning equipment except as permitted under Chapter 4 of the New Jersey Air Pollution Control Code
[1972 Code § 37-6; Ord. No. 875]
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 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.
b. 
New Fires. The provisions of paragraph a 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 Ringelmann Smoke Chart, for a period of no longer than three 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 Ringelmann Smoke Chart, for a period no longer than three 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 Borough 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 non-combustible container; provided, however, that by special permit, the Health 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.
[1972 Code § 37-7; Ord. No. 875]
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 section shall not apply to the use of economic poisons.
[1972 Code § 37-8; Ord. No. 875]
a. 
All buildings and premises subject to this code are subject to inspection by the Borough Health 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 the premises are not available during the foregoing hours for inspection; or 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 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 may be authorized without warrant if the Health 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 any 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 Health Officer or his 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 Code and subject to the penalties hereunder.
c. 
Search Warrant or Access Warrant.
1. 
The Health Officer may, upon affidavit, apply to the Judge of the Municipal Court 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 Code may exist on the premises, including one or more of the following:
(a) 
That the premises require inspection according to the cycle established by the Health Officer for periodic inspections of premises of the type involved.
(b) 
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 Code exist.
(c) 
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.
[Ord. No. 2269-18]
This article is adopted in order to protect the environment, particularly the wildlife, and the health, safety and well-being of persons and property by prohibiting the release of helium balloons into the atmosphere, including latex and Mylar, as it has been determined that the release of balloons inflated with lighter-than-air gases pose a danger and nuisance to the environment, particularly to wildlife and marine animals so as to constitute a public nuisance and may pose a threat to the safety of its habitants and their property.
a. 
Prohibited Releases. It shall be unlawful for any person, firm or corporation to intentionally release, organize the release, or intentionally cause to be released balloons inflated with a gas that is lighter than air within the Borough of Manasquan, except for:
1. 
Balloons released by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes.
2. 
Hot air balloons that are recovered after launching.
3. 
Balloons released indoors.
b. 
Violations and Penalties. Any person found in violation is guilty of a non-criminal infraction punishable by a fine not to exceed the sum of $500.