City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents

§ 94-1 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Solid particles, liquid particles, vapors or gases which are discharged into the outdoor atmosphere.
[Added 9-11-1972 by Ord. No. 33-1972]
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 as shall be affected thereby, and excludes all aspects of employer-employee relationship as to health and safety hazards.
An incinerator designed and used to burn waste materials of Types 0, 1, 2 and 3 only, in all capacities not exceeding 2,000 pounds per hour of waste material input.
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.
[Added 9-11-1972 by Ord. No. 33-1972]
The person holding the position of Director of Air Pollution Control created and established by this chapter and authorized to exercise the powers, duties and functions prescribed herein.
Airborne solid particles, including but not limited to fly ash, cinders and soot.
Particles of gasborne solid matter arising from the combustion of solid fuel, not including process materials.
Solid, liquid or gaseous materials used to produce useful heat by burning.
[Added 9-11-1972 by Ord. No. 33-1972]
Oil commonly used as a fuel. The grades are commonly numbered 1, 2, 4, 5 and 6 and have the requirements as shown in Table I of Commercial Standard CS 12-48 published by the United States Department of Commerce or any equivalent succeeding table or reference published hereafter by such Department.
Solid particles generated by condensation from the vapor state, generally after volatilization from molten metals, etc.
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.
[Amended 9-11-1972 by Ord. No. 33-1972]
A formless fluid which occupies space and which can be changed to a liquid or solid state by increased pressure with decreased or controlled temperature or by decreased temperature with increased or controlled pressure.
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.
[Amended 9-11-1972 by Ord. No. 33-1972]
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.
[Added 9-11-1972 by Ord. No. 33-1972]
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.
[Added 9-11-1972 by Ord. No. 33-1972]
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.
[Added 9-11-1972 by Ord. No. 33-1972]
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.
[Added 9-11-1972 by Ord. No. 33-1972]
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.
[Added 9-11-1972 by Ord. No. 33-1972]
Air space outside of buildings, stacks or exterior ducts.
Any fire whose products of combustion are emitted directly into the open air and are not directed thereto through a stack or chimney of an incinerator.
[Amended 9-11-1972 by Ord. No. 33-1972]
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 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 executor, 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 such lessee.
Any material, except uncombined water, which exists in finely divided form as liquid particles or solid particles at standard conditions.
[Added 9-11-1972 by Ord. No. 33-1972]
Vegetation, including but not limited to trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops.
[Added 9-11-1972 by Ord. No. 33-1972]
Rubbish, garbage, trade waste and plant life.
[Amended 9-11-1972 by Ord. No. 33-1972]
Ringelmann's Scale for grading the density of smoke, published by the United States Bureau of Mines, or any chart, recorder, indicator or device which is approved by the State Department of Environmental Protection as the equivalent of such Ringelmann's Scale for the measurement of smoke density.
[Amended 9-11-1972 by Ord. No. 33-1972]
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.
[Added 9-11-1972 by Ord. No. 33-1972]
Any operation or activity from which is salvaged or reclaimed any product or material, including but not limited to metals, chemicals or shipping containers.
[Amended 9-11-1972 by Ord. No. 33-1972]
Small gasborne and airborne particles, exclusive of water vapor, arising from a process of combustion in sufficient number to be observable.
[Amended 9-11-1972 by Ord. No. 33-1972]
Any fuel that is not liquid or gaseous.
Particles of rigid shape and definite volume.
[Added 9-11-1972 by Ord. No. 33-1972]
A dark substance, essentially carbon, resulting from the burning or heating of coal, wood, oil or other fuels or burnable material.
Any manufacturing process or any identifiable part thereof emitting an air contaminant into the outdoor atmosphere through one or more stacks or chimneys.
[Added 9-11-1972 by Ord. No. 33-1972]
Municipal, pathological waste or trade waste incinerator of any burning capacity, or any incinerator with a burning capacity in excess of 2,000 pounds per hour.
A fuel, conduit or opening designed and constructed for the purpose of emitting air contaminants into the outdoor air.
[Added 9-11-1972 by Ord. No. 33-1972]
Seventy degrees Fahrenheit and one atmospheric pressure (14.7 pounds per square inch absolute or 760 mm Hg).
[Added 9-11-1972 by Ord. No. 33-1972]
Includes smoke, cinders, soot, fly ash, dust, gases, fumes, mists, vapors or odors, or combination thereof.
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.
[Added 9-11-1972 by Ord. No. 33-1972]
The gaseous form of substances which, under standard conditions (14.7 pounds per square inch absolute and 70º F.), are in the solid or liquid state and which can be changed to these states by either increasing the pressure or decreasing the temperature.
[Amended 6-9-1969 by Ord. No. 20-1969]
Smoke which obscures light to a degree readily discernible by visual observation.
[Added 9-11-1972 by Ord. No. 33-1972]

§ 94-2 Findings and declaration of policy.

It is hereby declared that pollution of the atmosphere by smoke, cinders, soot, fly ash, gases, fumes, vapors and odors is a menace to the health, welfare and comfort of the residents of this City 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 this City to minimize air pollution as herein defined and prohibit excessive emission of the same by establishing standards governing the installation, maintenance and operation of equipment and appurtenances relating to combustion, which is a source or potential source of air pollution.

§ 94-3 Director of Air Pollution Control; enforcement personnel.

There is hereby established the position of Director of Air Pollution Control, who is hereby vested with the duty of enforcing and administering this chapter and with all other duties and powers provided herein. The Director may appoint or designate other employees or officers of the City to perform duties necessary for the enforcement of this chapter.
The Board of Health, pursuant to N.J.S.A. 26:3-90, may appoint any person employed by the Suburban Air Pollution Commission, or its successor, to administer and enforce this chapter in addition to the powers and appointments provided by Subsection A above.

§ 94-4 Promulgation of rules and regulations; filing.

The Director of Air Pollution Control, with the approval of the Board of Health, may promulgate such rules and regulations consistent with this chapter governing installation, maintenance and use of fuel-burning equipment, incinerators, the burning of various types of fuel and fuel oil, and the types of matter subject to incineration, as may be necessary to minimize or eliminate air pollution. The Director of Air Pollution Control may conduct such investigations, hold such hearings and make such tests as may be necessary to establish specifications to be incorporated in such rules and regulations. All regulations shall be filed 15 days prior to the effective date thereof with the City Clerk, the Mayor and the City Council.

§ 94-5 Availability of regulations to owners and operators; conspicuous posting.

All owners or operators of property on which there exists fuel-burning equipment or incinerators, or both, shall secure from the Director of Air Pollution Control such regulations as shall be reproduced and made available as to the maintenance and operation of such equipment and incinerators, and copies of the regulations shall be kept posted at all times by such owner or operator at a conspicuous location at or near such equipment or incinerator affected thereby. Copies of such regulations shall be distributed personally to each person who has responsibility for the maintenance or operation of such equipment or incinerator in behalf of the owner or operator. The Director of Air Pollution Control may require the posting by the owner or operator at specified locations of such other permanent-type signs as may be necessary and desirable to instruct personnel or occupants of the premises as to the proper maintenance and operation of the equipment or incinerator.

§ 94-6 Construction of provisions.

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.

§ 94-7 Violations and penalties.

[Amended 11-10-1980 by Ord. No. 15-1980]
A violation of any provision of this chapter shall be punishable by a fine not to exceed $2,500 or imprisonment for a term not exceeding 90 days, or both, for each violation committed hereunder.[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Each violation of a provision of this chapter shall constitute a separate and distinct violation independent of any other section or subsection or any order issued pursuant to this chapter. Each day's failure to comply with any such section or subsection shall constitute a separate violation.