City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
No person shall operate and no owner or operator of any building in the City shall permit the operation of an incinerator in violation of any provision of this chapter.
No person shall operate and no owner or operator of any building in the City shall permit the operation of an incinerator without a duly issued permit issued by the Director of Air Pollution Control in accordance with this article.
Applications for permits to operate incinerators shall be made on forms provided by the Director of Air Pollution Control and shall provide such information as may be necessary to determine the nature of the installation, safety and fire protection devices, design and devices sufficient to ensure against air pollution, necessary information as to person or persons responsible for operation and for maintenance, and qualifications therefor, and such other pertinent information as may be necessary for protection of the public welfare, safety, health and interest.
[Amended 11-10-1980 by Ord. No. 15-1980]
The Director of Air Pollution Control shall recommend issuance of a permit for the operation of an incinerator after examining the application and inspecting the facility and being satisfied that it may be operated in accordance with this chapter. Such permit may be conditioned on improvements being made within a prescribed time or on certain operating restrictions if necessary to comply with this chapter. All permits shall be issued by the City Clerk and shall expire on July 31 following their issuance or at such time prior thereto as any conditions or restrictions shall not be complied with. The annual fee for each incinerator shall be as provided for in Chapter 170, Licenses and Fees, payable to the City Clerk, and the procedures governing such permit shall be in accordance with Chapter 170, Licenses and Fees.
The Director of Air Pollution Control may take all necessary steps to seal any incinerator which has been operated without a duly authorized permit issued pursuant to this article.
No person shall operate and no owner or operator of any building in the City shall permit the operation of an incinerator prior to 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 in a safe manner, provided that, by special permit, the Director of Air Pollution Control 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.
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 of Air Pollution Control 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.
All incinerators hereafter installed shall be constructed and installed in accordance with the current specifications of the IIA Incinerator Standards, as published by the Incinerator Institute of America, and any subsequent amendments thereto, except as such standards may be modified by regulations promulgated and filed by the Director of Air Pollution Control in accordance with this chapter or by the Building Code of the City.
To the extent feasible, existing installations shall be maintained in accordance with and, if altered, repaired, renovated or converted, shall be made to conform with, the IIA Incinerator Standards specifications adopted by § 94-30. Prior to altering, renovating or converting any existing incinerator, the owner or person in charge thereof shall apply for an alteration permit therefor from the Director of Air Pollution Control, specifying the type and nature of any such change in the installation. The Director of Air Pollution Control may condition such permit on compliance with the aforesaid standards, to the extent compliance is feasible. Upon request of the owner, the Director of Air Pollution Control shall hold a hearing upon written notice and within 15 days of the aforesaid request on any proposed condition or order of the Director of Air Pollution Control requiring compliance with such standards, at which time the applicant can present such proofs, information or data as may relate to the issuance of the alteration permit, the conditions attached thereto and the applicability and feasibility of the aforesaid standards. In determining feasibility as applied to proposed changes in existing incinerators, the Director of Air Pollution Control shall weigh the physical and financial difficulties of making such change as against the effect of such change in eliminating or curtailing the likelihood of air pollution. The Director of Air Pollution Control, within 10 days after the hearing, shall make a determination of such application or order, and the issuance of the permit by the City Clerk shall be in accordance therewith.
[Amended 6-9-1969 by Ord. No. 20-1969]
No person shall cause, suffer, allow or permit smoke from any incinerator the shade or appearance of which is darker than No. 1 on 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 on the Ringelmann Smoke Chart.
[Amended 6-9-1969 by Ord. No. 20-1969]
The provisions of § 94-32 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 on the Ringelmann Smoke Chart, for a period of three consecutive minutes, 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. 2 on the Ringelmann Smoke Chart, for a period greater than three consecutive minutes.
[Amended 6-9-1969 by Ord. No. 20-1969]
No person shall cause, suffer, allow or permit the emission of particles of unburned waste or ash from any common incinerator or from any special incinerator which are individually large enough to be visible while suspended in the atmosphere.
[Amended 6-9-1969 by Ord. No. 20-1969]
No person shall construct, install, use or cause to be used any common incinerator or any special incinerator which will result in odors being detectable by sense of smell in any area of human use or occupancy.