A.
Title. This article shall be known and cited as the
"Air Pollution Control Code of the Town of Boonton."
B.
Finding and declaration of policy. It is hereby declared
that air pollution is a menace to the health, welfare and comfort
of the residents of the Town of Boonton 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 Board of
Health of the Town of Boonton 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.
The following terms, wherever used herein or
referred to in this article, shall have the respective meanings assigned
to them unless a different meaning clearly appears from the context.
Solid particles, liquid particles, vapors or gases which
are discharged into the outdoor atmosphere.
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, animal or plant life or property,
or would unreasonably interfere with the enjoyment of life or property.
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.
The person or persons who are authorized by this chapter
to exercise the powers prescribed by this article.
Those chemicals used as insecticides, rodenticides, fungicides,
herbicides, nematocides or defoliants.
Solid, liquid or gaseous materials used to produce useful
heat by burning.
Waste animal or vegetable matter from houses, kitchens, restaurants,
hotels, produce markets or any other source or food of any kind to
be thrown away.
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.
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 or absorbers.
Includes all vehicles propelled otherwise than by muscular
power, excepting such vehicles as run only upon rails or tracks.
The 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
of an incinerator.
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.
Air space outside of buildings, stacks or exterior ducts.
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, care
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 a 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 joint responsibility
over the portion of the premises sublet or assigned by said lessee.
Any material, except uncombined water, which exists in finely
divided form as liquid particles or solid particles at standard conditions.
The word "person" means and shall 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.
Vegetation, including but not limited to, trees, tree branches,
leaves, yard trimmings, shrubbery, grass, weeds and crops.
Rubbish, garbage, trade waste and plant life.
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 Ringelman's Scale for the measurement
of smoke density.
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.
Any operation or activity from which is salvaged or reclaimed
any product or material, including, but not limited to, metals, chemicals
or shipping containers.
Small gasborne or airborne particles, exclusive of water
vapor, arising from a process of combustion in sufficient number to
be observable.
Particles of rigid shape and definite volume.
Any manufacturing process or any identifiable part thereof
emitting an air contaminant into the outdoor atmosphere through one
or more stacks or chimneys.
A flue, conduit or opening designed and constructed for the
purpose of emitting air contaminants into the outdoor air.
Seventy degrees Fahrenheit and one atmosphere pressure (14.7
psia or 760 mm Hg.).
All waste solid or liquid 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.
Smoke which obscures light to a degree readily discernible
by visual observation.
No person or owner of property, or person or
persons 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.
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, or 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 Subchapter 2.5 of the
New Jersey Administrative Code.
(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.
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 having a rated hourly capacity
of less than 200 million BTU gross heat input, or discharging through
a stack or chimney having an internal cross-sectional dimension of
less than 60 inches.
B.
The provisions of Subsection A shall not apply to smoke which is visible for a period of not longer than three minutes in any consecutive thirty-minute period.
C.
The provisions of this section shall not apply to
direct heat exchangers or manufacturing processes or any motor vehicle
while operating on the public highways.
D.
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 opacity of smoke being discharged into
the open air.
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 20% 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 20% opacity, exclusive of water vapor, for a period of not longer
than three minutes in any consecutive thirty-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 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 of June 15,
1967, to March 27, 1972.
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, if requested, in writing,
to the Director information for each such stack or chimney 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, and description
of air pollution control equipment, and such other and pertinent information
as may be requested on forms provided for that purpose by the Director.
The application forms shall also require submission of name, address
and telephone number of person or persons responsible for day-to-day
operation and, also, of person or persons responsible for maintenance
of any such equipment. Any change in the name, address or telephone
number of such person or persons shall be reported within 10 days
of the occurrence of such change to the Director.
B.
The provisions of this section shall not apply to
equipment designed or used for a heat input rate not less than 1,000,000
British Thermal Units (BTU) per hour unless the equipment is designed
for or actually using No. 4, No. 5, or No. 6 oil or coal.
A.
No person shall operate or permit the operation of
an incinerator in the Town of Boonton before 9:00 a.m. or after 5:00
p.m., and all operation shall be completely terminated by 5:00 p.m.,
including complete extinction of the fire and removal of materials
from the firebox to a noncombustible container and in a safe manner;
provided, however, that the Director may, by special permit, 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.
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 Subsection C 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 consecutive minutes; or emissions of such opacity within a stack or chimney, 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 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 noxious odors being detectable
by sense of smell in any area of human use or occupancy.
The Health Officer of the Town of Boonton 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 other employees or officers of the Board
of Health of the Town of Boonton to perform duties necessary for the
enforcement of this code.
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-32.
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 the Judge
of the Boonton Municipal 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 or more of the following:
(a)
That the premises require inspection according
to the cycle established by the Town 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 Boonton Municipal Court is satisfied
as to the matter set forth in said affidavit, he shall authorize the
issuance of a search warrant permitting access to an 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; there is reason to believe that
violations are occurring on the premises which can be determined and
proved by inspection only 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.
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
$500 or imprisonment for a term not to exceed 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.
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 article is promulgated and adopted in accordance
with N.J.S.A. 26:2C-8 of P.L. 1954, c. 212 (N.J.S.A. 26:2C-1 to 2C-23),
amended by P.L. 1962, c. 215; P.L. 1967, c. 105; and P.L. 1967, c.
106; and nothing contained herein or any action taken hereunder is
to be interpreted as being in conflict with the New Jersey Air Pollution
Control Act and the New Jersey Administrative Code.
All ordinances or parts of ordinances inconsistent
with the provisions of this article are hereby repealed.
