[HISTORY: Adopted by the Mayor and Council of the Borough of Glassboro 10-23-1979 by Ord. No. 79-18. Amendments noted where applicable.]
This ordinance shall he known and cited as the "Air Pollution Control Code of the Borough of Glassboro."
It is hereby declared that air pollution is a menace to the health, welfare and comfort of the residents of the Borough of Glassboro 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 of Glassboro to prevent air pollution as herein defined.
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:
- AIR CONTAMINANT
- Solid particles, liquid particles, friable materials, vapors or gases which are discharged into the outdoor atmosphere.
- AIR POLLUTION
- 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.
- DIRECTOR OF AIR POLLUTION CONTROL or DIRECTOR
- The person or persons who are authorized by this chapter to exercise the powers prescribed by this chapter.
- ECONOMIC POISONS
- Those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides or defoliants.
- FRIABLE MATERIAL
- Any material which can be crumbled, pulverized or reduced to powder by hand pressure.
- 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.
- LIQUID PARTICLES
- 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.
- 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.
- OPEN BURNING
- 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.
- OUTDOOR ATMOSPHERE
- 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 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 a 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.
- 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.
- PLANT LIFE
- Vegetation, including but not limited to trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops.
- Rubbish, garbage, trade waste and plant life.
- Waste solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, furniture, tin cans, glass, crockery, masonry and other similar materials.
- SALVAGE OPERATION
- Any operation or activity from which is salvaged or reclaimed any product or material, including but not limited to metals, chemicals or shipping containers.
- SOLID PARTICLES
- Particles of rigid shape and definite volume.
- SOURCE OPERATION
- Any manufacturing process, or any identifiable part thereof, emitting an air contaminant into the outdoor atmosphere through one or more stacks or chimneys.
- STACK or CHIMNEY
- A flue, conduit or opening designed and constructed for the purpose of emitting air contaminants into the outdoor air.
- TRADE WASTE
- All waste solids 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.
No person or owner or operator 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.
No person shall cause, suffer, allow or permit a salvage operation by open burning.
No person shall cause, suffer, allow or permit the disposal of refuse, rubbish, garbage or trade waste, or buildings or structures, by open burning.
No person shall cause, suffer, allow or permit the disposal of any type of plant life by open burning.
The provisions of this section shall not apply to:
Variances approved and issued by the New Jersey Department of Environmental Protection in accordance with N.J.A.C. 7:27-2 of the New Jersey Administrative Code.
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.
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-percent opacity, exclusive of water vapor.
The provisions of this section shall not apply to:
Particles the shade or appearance of which is greater than twenty-percent opacity, exclusive of water vapor, for a period of not longer than three minutes in any consecutive thirty-minute period.
Source operations issued a variance by the New Jersey Department of Environmental Protection in accordance with N.J.A.C. 7:27-6.5 of the New Jersey Administrative Code.
The Construction Code Official of the Borough of Glassboro shall, in addition to his other duties, enforce and administer the provisions of this chapter 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 Construction Subcode Office to perform duties necessary for the enforcement of this chapter.
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.
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 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 chapter and subject to the penalties hereunder.
Search warrant or access warrant.
The Director may, upon affidavit, apply to a court of competent jurisdiction for a search warrant, setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a violation of this chapter may exist on the premises, including one or more of the following:
That the premises require inspection according to the cycle established by the Borough for periodic inspections of premises of the type involved.
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.
That there are circumstances such as age and design, particular use of premises or other factors which render systematic inspections of such buildings necessary in the interest of public health and safety.
If the court is satisfied as to the matter set forth in said affidavit, it shall authorize the issuance of a search warrant permitting access to and inspection that part of the premises on which the nuisance or violation may exist.
All buildings and premises subject to this chapter 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 that a violation exists of a character which is an immediate threat to health or safety requiring inspection and abatement without delay.
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 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.
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.
The creation of air pollution or the maintenance of any other condition or operation in violation of any provision of this chapter shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction, or in any other manner available for the abatement of public nuisances.
This ordinance 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.
If any section, subsection, paragraph, sentence, clause, phrase or word contained in this chapter shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter which shall remain in full force and effect.
This ordinance is promulgated and adopted in accordance with Section 8 of P.L. 1954, c. 212 (N.J.S.A. 26:2C-1 to 26:2C-23), amended by P.L. 1962, c. 215; P.L. 1967, c. 105; and P.L. 1967, c. 106. All provisions contained herein and all actions taken hereunder shall be interpreted and be in accordance with the New Jersey Air Pollution Control Act and the regulations promulgated thereunder in the New Jersey Administrative Code.