[HISTORY: Adopted by the City Council of the City of City of Trenton
9-7-1967 as § 9-3 of the Revised General Ordinances. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning and land development — See Ch. 315.
The following terms wherever used or referred to in this chapter shall
have the following respective meanings:
The presence of substance in the atmosphere in quantities which are
injurious to human, plant or animal life, or to property, or which unreasonably
interfere with the comfortable enjoyment of life and property throughout the
City of Trenton.
The presence in the atmosphere of smoke, fumes, dust, soot, fly ash,
cinders, noxious acids, oxides, alkalies, volatile matter, vapor, mist, gas,
radioactive material, odor, lint or any combination thereof, of a character
and in a quantity which, as to any group of persons, interferes with their
health, repose or safety, causes severe annoyance or discomfort, tends to
lessen normal food and water intake, produces irritation of the upper respiratory
tract or symptoms of nausea, is offensive or objectionable, or both, to normal
persons because of inherent chemical and physical properties, causes or is
likely to cause injury or damage to real or personal property of any kind,
interferes with normal conduct of business, or is detrimental or harmful to
the health, comfort, living conditions, welfare and safety of the inhabitants
of the City.
The Ringelmann's scale for grading the density of smoke as published
by the U.S. Bureau of Mines, or any recorder, indicator or device for the
measurement of smoke density which is approved by the New Jersey State Department
of Health and Human Services as the equivalent of the Ringelmann scale.
No person shall cause, suffer, allow or permit open burning of refuse,
or conduct salvage operation by open burning, nor shall open fires be used
to supply heat to tar or asphalt kettles.
No person shall cause, suffer, allow or permit smoke from any fuel-burning
equipment, the shade or appearance of which is darker than No. 2 of the Ringelmann
Smoke Chart, to be emitted into the atmosphere. The provisions of this section
shall not apply to:
A.
Smoke emitted during the cleaning of a fire box or the
building of a new fire, the shade or appearance of which is not darker than
No. 3 of the Ringelmann Smoke Chart, for a period or periods aggregating no
more than three minutes in any 15 consecutive minutes.
B.
Smoke from locomotives, the shade or appearance of which
is equal but not darker than No. 3 of the Ringelmann Smoke Chart in any period
or periods aggregating no more than 30 seconds in any three consecutive minutes,
or smoke of such density for a period or periods aggregating no more than
four minutes in any 15 consecutive minutes when building a new fire.
C.
Smoke resulting from any fire ignited solely for the
purpose of training or research in fire protection or prevention.
No person shall emit into the atmosphere smoke, fumes, dust, soot, fly
ash, cinders, noxious acids, oxides, alkalies, volatile matter, vapor, mist,
gas, odor or lint in such quantity as to cause air pollution or an air pollution
nuisance as herein defined. The provisions of this section include but are
not limited to such operations as disposing of refuse, process furnace operations,
paint, varnish or lacquer spraying and painting operations, rendering plant
operations, sand blasting or chemical processing, and the storing, handling
or transporting of dust-producing substances and dust-size materials in such
manner as to cause air pollution or an air pollution nuisance.
No person shall cause, suffer, allow or permit an article, machine,
equipment, contrivance or other exhaust system to emit airborne radioactive
material into the atmosphere in violation of any rules and regulations of
the United States of America and the New Jersey State Department of Health
and Senior Services.
No person shall operate a parking lot or yard for the storage of motor
vehicles in such manner as to cause emission into the atmosphere of dust or
cinders in such quantity so as to cause air pollution or an air pollution
nuisance as herein defined.
No person shall cause, suffer, allow or permit the dumping of any materials
into the waters within the jurisdiction of the City of Trenton or shall cause,
suffer, allow or permit an article, machine, equipment, marine installation,
contrivance, or their discharge or exhaust systems to emit materials into
the waters within the jurisdiction of the City so as to cause contaminated
water.
No person shall cause, suffer, allow or permit an internal combustion
engine, stationary or otherwise, to emit during its operation and from its
exhaust systems, smoke, fumes, volatile matter, vapor or odor in a quantity
so as to cause an air pollution nuisance.
A.
Powers of Health Officer. The Health Officer shall have
the power and duty to investigate complaints, make observations of smoke and
other air polluting conditions and air pollution nuisances, and require the
necessary and proper steps to minimize or eliminate the effect, hazard or
nuisance therefrom. He/She shall have the power to inspect from time to time
any installation, equipment, devices and appurtenances thereto that may, can
or do cause air pollution or an air pollution nuisance. No person shall interfere
or attempt to interfere with the Health Officer in the performance of any
duty hereunder or refuse to permit the inspection or examination of any premises
for the purpose of investigating compliance with this chapter and the regulations
issued under it. The Health Officer shall upon entering any premises for investigation
or inspection comply with all safety regulations on the premises. The Health
Officer shall keep confidential all information obtained while on the premises,
except as it relates directly to air pollution or an air pollution nuisance.
B.
Notice of violation. In case of failure to correct or
remedy a violation of this chapter within a reasonable time, the Health Officer
shall cause to be issued and served a written notice, together with a copy
of the complaint made by him/her or a copy of the complaint made to him, requiring
the person so complained against to answer the charges of the complaint at
a hearing before the Health Officer at a time and place to be specified in
the notice. Notices, orders, rulings or decisions required to be served pursuant
to this chapter may be served personally or by certified mail, directed to
the last known address of the person required to be served. If service cannot
be effected by either of the foregoing methods, a copy of the notice, order,
ruling or decision may be served by posting it in a conspicuous place on the
premises involved.
C.
Compliance period. If it reasonably appears to the Health
Officer that compliance with the terms of this chapter cannot be effectively
and immediately made, he/she shall have the authority to grant permission
for the continued operation of such noncomplying equipment, upon the condition
that the person has in good faith and will continue to take all necessary
steps to secure compliance with this chapter. Such permission shall not be
granted for a period of more than six months; provided, however, that the
period may be extended for good cause shown for an additional period not exceeding
six months. Failure to comply with the provisions of this chapter at the expiration
of the period of grace, or extension thereof, shall be deemed a violation
of this chapter.
