Township of Mansfield, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mansfield 12-1-1986 by Ord. No. 1986-14. Amendments noted where applicable.]
004a Schedule A

§ 4-1 Title and policy.

A. 
Title. This chapter shall be known and cited as the "Air Pollution Control Code of the Township of Mansfield."
B. 
Findings 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 Township of Mansfield 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 Township of Mansfield to minimize air pollution as herein defined and to establish standards governing the installation, maintenance and operation of equipment and appurtenances relating to any source or potential source of air pollution.

§ 4-2 Definitions.

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:
AEROSOL
A suspension of fine liquid or solid particles in a gas.
[Added 12-8-1993 by Ord. No. 1993-18]
AIR CONTAMINANT
Solid particles, liquid particles, aerosols, odors, vapors or gases which are discharged into the outdoor atmosphere.
[Amended 12-8-1994 by Ord. No. 1993-18]
AIR CONTAMINATION SOURCE
Any point or nonpoint source which emits an air contaminant from a manufacturing, landfilling, composting or storage process creating air pollution, excluding fuel-burning units and incinerators which are regulated under §§ 4-15 and 4-16 of this chapter.
[Amended 12-8-1993 by Ord. No. 1993-18]
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.
ASBESTOS
Actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite.
ASPHALT
A solid, semisolid or liquid material of which the main constituents are bitumens.
COMPOST
A mixture of organic solids, liquids and gaseous components which undergoes a biologically mediated oxidation, resulting in the evolution of heat and a reduction in the volume of organic matter.
[Added 12-8-1993 by Ord. No. 1993-18]
COMPOST PROCESSING
Forming, turning or breaking down compost piles or windrows; and compost feedstock preparation, including grinding, mixing, mechanical or air classification; and compost screening.
[Added 12-8-1993 by Ord. No. 1993-18]
CONSERVATION VENT
Any valve designed and used to reduce evaporation losses of volatile organic substances by limiting the amount of air admitted to or vapors released from the vapor space of a closed storage vessel.
CONSTRUCTION BALLAST
The filling of any underground tank with gasoline to provide stability during construction.
CONTROL APPARATUS
Any device which prevents or controls the emission of any air contaminant.
CUTBACK ASPHALT
Any paving asphalt which has been liquefied by blending with petroleum solvents, or produced directly from the distillation of petroleum and having vaporization properties similar to the blended and liquefied asphalt.
DELIVERY VESSEL
Any mobile storage tank, including but not limited to tank trucks or railroad tank cars.
DIESEL MOTOR
A mechanism for converting energy into mechanical force and motion by using a compression-ignition-type of internal-combustion engine.
DIESEL-POWERED MOTOR VEHICLE
A self-propelled vehicle designed primarily for transporting persons or properties on a public street or highway which is propelled by a compression-ignition-type of internal-combustion engine.
DIRECT HEAT EXCHANGER
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.
DIRECTOR OF AIR POLLUTION CONTROL or DIRECTOR
The person or persons who are authorized by this chapter to exercise the powers prescribed by this text.
DOUBLE-SEAL FLOATING ROOF
A floating roof with two complete and separate seal-envelope combinations, one above the other, containing an enclosed space between them. At least one of the seals must be supported by a mechanism which maintains constant seal contact with the inner surface of the vessel walls, despite surface and attitude irregularities.
ECONOMIC POISONS
Those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides or defoliants.
EMULSIFIED ASPHALT
Asphalt which has been liquefied by mixing with water and an emulsifying agent.
EQUIPMENT
Any device capable of causing the emission of an air contaminant into the outdoor atmosphere, and any stack, chimney, conduit, flue, duct, vent or similar device connected or attached to or serving the equipment. This shall include equipment in which the preponderance of the air contaminants emitted is caused by a manufacturing process.
EXTERNAL FLOATING ROOF
A movable roof in an otherwise open-top storage vessel consisting of a floating deck resting on the surface of the liquid contents, a continuous seal supported against the inner surface of the tank shell and an envelope closing the gap between the floating deck and the seal, the entire deck-seal-envelope combination free to rise and fall with the surface of the liquid during filling and emptying of the storage vessel.
FACILITY
The combination of all structures, buildings, equipment, storage vessels, source operations and other operations located on one or more contiguous or adjacent properties owned or operated by the same person.
FILL PIPE
A device through which liquid is transferred into a receiving vessel.
FLOATING ROOF
An external or internal pontoon-type or double-deck-type roof resting on the surface of the liquid contents in a storage vessel and equipped with a mechanism providing one or more tight seals in the space between the floating roof rim and the vessel shall throughout the entire vertical travel distance of the roof, or any other floating-type mechanism approved by the Department of Environmental Protection for the purpose of preventing air contaminants from being discharged into the outdoor atmosphere.
FRIABLE MATERIAL
Any material which can be crumbled, pulverized or reduced to powder by hand pressure.
FUEL
Solid, liquid or gaseous materials used to produce useful heat by burning.
GARBAGE
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.
GASOLINE
Any petroleum distillate having a Reid vapor pressure of four pounds (207 millimeters of mercury) or greater and used as an automotive fuel.
GASOLINE DISPENSING FACILITY
A facility consisting of one or more stationary gasoline storage tanks, together with dispensing devices.
GASOLINE LOADING FACILITY
A plant at which gasoline is transferred into delivery vessels.
HEAT INPUT RATE
The rate at which the aggregate heat content based on the higher heating value of the fuel is introduced into the fuel-burning equipment.
INCINERATOR
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.
INDIRECT HEAT EXCHANGER
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.
INTERNAL CROSS-SECTIONAL DIMENSION
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.
LANDFILLING
A solid waste management and disposal process in which solid waste is deposited on or into the land for the purpose of permanent disposal or storage for a period of time exceeding six months.
[Added 12-8-1993 by Ord. No. 1993-18]
LIQUID PARTICLES
Particles which have volume but are not of rigid shape and which, upon collection, tend to coalesce and create uniform homogenous films upon the surface of the collecting media.
MANUFACTURING PROCESS
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, digestors, towers, washers, scrubbers, mills, condensors or absorbers.
MANUFACTURING PROCESS VESSELS
Any container wherein a manufacturing process, or any part thereof, takes place.
MOBILE SOURCE
Equipment designed or constructed to be portable or movable from one location to another, including but not limited to aircraft, locomotives operating on rails, tractors, earth-moving equipment, hoists and mobile power generators.
MOTOR VEHICLES
Includes all vehicles propelled otherwise than by muscular power, except such vehicles as run only upon rails or tracks.
ODOR
The property of a substance which affects the sense of smell.
OPACITY
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.
OPEN-TOP TANKS
Any vessel in which a manufacturing process, or any part thereof, takes place during which there is an opening to the atmosphere greater than 25% of the surface area of any liquid substance contained therein.
OPERATOR
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.
ORGANIC SUBSTANCE
Any chemical compound or mixture of chemical compounds of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbonates, metallic carbides and ammonium carbonate.
OUTDOOR ATMOSPHERE
Air space outside of buildings, stacks or exterior ducts.
OWNER
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 executors, administrators, trustees, receivers or guardians of an estate, or as a mortgage 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.
PARTICLES
Any material, except uncombined water, which exists in finely divided form as liquid particles or solid particles at standard conditions.
PENETRATING PRIME COAT
A low-velocity liquid asphalt applied to a surface in order to prepare it for paving an asphalt concrete.
PERSON
Includes 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.
PETROLEUM DISTILLATE
Any mixture of organic substances produced by condensing vapors of petroleum during distillations, including but not limited to naphthas, aviation gasoline, motor gasoline, kerosene, diesel oil, domestic fuel oil and petroleum solvents.
PETROLEUM SOLVENT DRY CLEANING
A process for the cleaning of textiles and fabric products in which articles are washed in a solution of organic material produced by petroleum distillation that exists as a liquid under standard conditions and then dried by exposure to a heated air stream.
PLANT LIFE
Vegetation, including but not limited to trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops.
POSITIVE PRESSURE VENTILATION
Any ventilation system in which pressurized air from a compressed air manifold, fan or similar device is blown into a work area.
PROCESS EMISSION RATE
The mass rate of air contaminants emitted from the final source operation of a process, exclusive of any type of control apparatus or product recovery device.
RECEIVING VESSEL
Any vessel into which a VOS is introduced, including but not limited to storage tanks, delivery vessels and manufacturing process vessels.
REFUSE
Rubbish, garbage, trade waste and plant life.
RESEARCH
Investigations directed toward the discovery of facts, scientific principles, reactions or substances.
RINGELMANN SMOKE CHART
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 Ringelmann's Scale for the measurement of smoke density.
RUBBISH
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.
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.
SEAL-ENVELOPE COMBINATION
A barrier to the passage of volatile organic substance vapors between a floating roof and the inner surface of a storage vessel wall, consisting of a seal which maintains constant contact with the wall as the floating roof rises and descends with the level of the stored volatile organic substance, and a membrane, diaphragm, fabric or blanket, known as an "envelope," which spans the gap between the floating roof and the seal and which is vaportight.
SMOKE
Small gasborne or airborne particles, exclusive of water vapor, arising from a process of combustion in sufficient number to be observable.
SOLID PARTICLES
Particles of rigid shape and definite volume.
SOLID WASTE PROCESSING
Any operation or activity in which solid waste is received, discharged, transferred, landfilled, separated, classified, placed in storage piles, reduced in size, reclaimed or recycled.
[Added 12-8-1993 by Ord. No. 1993-18]
SOLVENT RECOVERY DRYER
A class of dry-cleaning dryers that employs a condenser to liquefy and recover solvent vapors evaporated in a closed-loop recirculating stream of heated air.
SOURCE GAS
Air or gases passed through, or generated by, a source operation and discharged from the source operation.
SOURCE OPERATION
Any manufacturing process, or any identifiable part thereof, emitting or reasonably anticipated to emit, either directly or indirectly, an air contaminant into the outdoor atmosphere.
[Amended 12-8-1993 by Ord. No. 1993-18]
STACK or CHIMNEY
A flue, conduit or opening designed and constructed for the purpose of emitting air contaminants into the outdoor air.
STANDARD CONDITIONS
Seventy degrees Fahrenheit and one atmosphere pressure (14.7 pounds per square inch absolute or 760.0 millimeters of mercury).
STORAGE TANK
Any tank, reservoir or vessel which is a container for liquids or gases, wherein no manufacturing process, or part thereof, takes place.
SUBMERGED FILL PIPE
A fill pipe whose point of discharge into the receiving vessel is entirely submerged when the liquid level is no more than six inches (15.2 centimeters) above the vessel bottom or, in the case of a top- or side-entering fill pipe, when the liquid level is no more than three times the inside radius of the fill pipe plus five inches (12.7 centimeters), but no more than 42 inches (106.7 centimeters) above the vessel bottom.
SURFACE CLEANER
A device to remove unwanted foreign matter from the surfaces of nonporous or nonabsorbent materials by using volatile organic substance solvents in liquid or vapor state.
TANK
Any container whose walls are constructed of material which is rigid and self-supporting.
TOXIC VOLATILE ORGANIC SUBSTANCE
[Amended 12-8-1993 by Ord. No. 1993-18]
 — Includes the following substances as listed in
Schedule A.[1]
These substances meet one or more of the following criteria as referenced in the NIOSH publication Registry of Toxic Effects of Chemical Substances:
A. 
Human carcinogens: those chemicals for which the induction of cancer in humans has been demonstrated.
B. 
Animal carcinogens: those chemicals that have proved positive in at least one animal species.
C. 
Mutagens: those chemicals that induce mutagenic effects (transmissible changes) in in-vivo or in-vitro tests.
D. 
Teratogens: those chemicals that cause nontransmissible birth defects.
E. 
Those chemicals having an acute toxicity of:
(1) 
LD50 (oral) of less than 500 milligrams per kilogram.
(2) 
LD50 (inhalation) of less than 2,000 parts per million.
(3) 
LD50 (dermal) of less than 1,000 milligrams per kilogram.
TRADE WASTE
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.
TRANSFER OPERATION
The moving of any substance from any storage tank, manufacturing process vessel or delivery vessel into any receiving vessel.
VACUUM SERVICE
Equipment operating at an internal pressure which is at least 0.725 pound per square inch absolute (37.5 millimeters of mercury) below ambient pressure.
VAPOR
The gaseous form of substances which, under standard conditions, is in the solid or liquid state and which can be changed to these states by either increasing the pressure or decreasing the temperature.
VAPOR BALANCE SYSTEM
A system for controlling vapor losses during the transfer of volatile organic substance liquid from one vessel to another vessel or tank by means of the simultaneous counter-transfer of displaced vapors from the receiving vessel to the vessel supplying the liquid.
VAPOR CONTROL SYSTEM
A system for preventing the emission of organic vapors into the outdoor atmosphere.
VAPOR MOUNTED PRIMARY SEAL
A seal-envelope combination which is mounted so that underneath the seal there is an annular vapor space which is bounded by the bottom of the seal, the vessel wall, the liquid surface and the floating roof.
VAPOR PRESSURE
The pressure of the vapor phase of a substance, or the sum of the partial pressures of the vapor phases of individual substances in a mixture of substances, when in equilibrium with the nonvapor phase of the substance or substances.
VAPORTIGHT
Not capable of allowing the passage of gases at the pressures encountered.
VISIBLE SMOKE
Smoke which obscures light to a degree readily discernible by visual observation.
VOLATILE ORGANIC SUBSTANCES (VOS)
Any organic substances, mixture of organic substances or mixture of organic and inorganic substances, including but not limited to petroleum crudes, petroleum fractions, petrochemicals, solvents, dilutents and thinners which have vapor pressures or sums of partial pressures or organic substances of 0.02 pound per square inch (one millimeter of mercury) absolute or greater measured at standard conditions; and, in the case of surface coating formulations, includes any coalescing or other agent, regardless of vapor pressure, which evaporates from the coating during the drying phase, but does not include methane, trichlorofluoromethane, dichlorodifluoromethane, chlorodifluoromethane, trifluoromethane, 1,1,2-trichloro, 1,2,2 trifluoroethane, 1,2 dichloro, 1,1,2,2 tetrafluoroethane and chloropentafluoroethane.
[1]
Editor's Note: Schedule A, Toxic Volatile Organic Substances, is included at the end of this chapter.

§ 4-3 Air pollution prohibited.

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 and/or lawful agricultural purposes.

§ 4-4 Open burning.

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. 
No person shall cause, suffer, allow or permit an unabated fire to continue burning for more than 24 hours, above ground or below ground, on the property or premises owned, leased, operated or maintained by said person.
E. 
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 N.J.A.C. 7:27-2 et seq.
(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.

§ 4-5 Smoke from combustion of fuel.

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 except as provided in Subsection B hereof.
B. 
No person shall cause, suffer, allow or permit smoke, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart or greater than 20% opacity, exclusive of water vapor, to be emitted into the outdoor air from the combustion of fuel in any stationary indirect heat exchanger having a rated hourly capacity of greater than 140,000 Btu's gross heat input and discharging through a stack or chimney having all internal cross-sectional dimensions of 30 inches or greater.
C. 
The provisions of Subsections A and B shall not apply to smoke which is visible for a period of not longer than three minutes in any consecutive thirty-minute period.
D. 
No person shall cause, suffer, allow or permit smoke, the shade or appearance of which is darker than No. 2 on the Ringelmann Smoke Chart or greater than 40% opacity, exclusive of visible condensed water vapor, to be emitted into the outdoor air from the combustion of fuel in any mobile source for a period of more than 10 consecutive seconds.
E. 
No person shall cause, suffer, allow or permit smoke, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart or greater than 20% opacity, exclusive of visible condensed water vapor, to be emitted into the outdoor air from the combustion of fuel in any stationary internal-combustion engine or any stationary turbine engine for a period of more than 10 consecutive seconds.
F. 
No person shall cause, suffer, allow or permit smoke, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart or greater than 20% opacity, exclusive of visible condensed water vapor, to be emitted into the outdoor air from the combustion of fuel in any diesel motor for a period of more than five consecutive seconds.
G. 
The provisions of this section shall not apply to manufacturing processes or any motor vehicle while operating on the public highways.
H. 
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.

§ 4-6 Standards for emission of solid particles.

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. 
No person shall cause, suffer, allow or permit particles to be emitted from the operation of construction sites without adequate mud- and dust-control measures on all roadways.
C. 
No person shall cause, suffer, allow or permit particles to be emitted from demolition activities unless watering is done twice daily at 0.5 gallon per square yard or the equivalent wetting power using other environmentally safe means is implemented at the active demolition area.
D. 
No person shall cause, suffer, allow or permit particles to be emitted from the demolition or renovation of an institutional, industrial or commercial building containing friable asbestos materials unless:
(1) 
A report to the Environmental Protection Agency, Region II, Enforcement Division, is received by the Environmental Protection Agency, at least 10 days prior to commencement in accordance with 40 CFR 61.22(d)(2); and
(2) 
Removal procedures are conducted in compliance with 40 CFR 61.20-6.24.
E. 
No person shall cause, suffer, allow or permit particles to be emitted from unpaved roadways or parking lots without adequate mud- and dust-control measures.
F. 
No person shall cause, suffer, allow or permit particles to be emitted from landfilling operations or compost processing without implementation of measures which effectively control entrainment and deposition onto neighboring properties.
[Added 12-8-1993 by Ord. No. 1993-18]
G. 
No person shall cause, suffer, allow or permit particles to be emitted from storage piles whereby particulate matter is entrailed and deposited onto neighboring properties.
[Amended 12-8-1993 by Ord. No. 1993-18]
H. 
No person shall cause, suffer, allow or permit particles to be emitted from charging doors, ductwork, vents, windows and doors, outdoor industrial operations and material handling whereby particles are deposited onto neighboring properties.
[Amended 12-8-1993 by Ord. No. 1993-18]
I. 
The provision of Subsection A shall not apply to:
[Amended 12-8-1993 by Ord. No. 1993-18]
(1) 
Particles, the shade or appearance of which is greater than 20% capacity, exclusive of water vapor, for a period of not longer than three minutes in any consecutive thirty-minute period.
(2) 
Source operations issued a variance by the New Jersey Department of Environmental Protection in accordance with N.J.A.C. 7:27-6.5.
(3) 
Indirect heat exchangers.
(4) 
Incinerators.

§ 4-7 Idling of vehicles.

A. 
No person shall cause, suffer, allow or permit the motor of a diesel-powered or gasoline-powered vehicle to be in operation for more than three consecutive minutes if the vehicle is not in motion, except, where the ambient temperature is 32º F. (0º C.) or less, then the permitted period for idling shall be five consecutive minutes.
B. 
The provisions of Subsection A shall not apply to:
(1) 
Buses in the act of discharging or loading passengers;
(2) 
Vehicles stopped in the line of traffic;
(3) 
Electric motor vehicles; or
(4) 
Vehicles whose primary and/or secondary power source is utilized in whole or in part for necessary and definitively prescribed mechanical operation other than propulsion.

§ 4-8 Volatile organic substances.

A. 
No person shall cause, suffer, allow or permit the storage of a volatile organic substance in any stationary storage tank having a capacity greater than 2,000 gallons (7,570 liters) exposed to the rays of the sun unless the external surface of the tank is painted and maintained white.
B. 
The provisions of Subsection A shall not apply to words and logograms applied to the external surface of a storage tank for purposes of identification, provided that such symbols do not cover more than 20% of the external surface area of the tank's sides and top or more than 200 square feet (18.6 square meters), whichever is less.
C. 
No person shall cause, suffer, allow or permit the storage of a volatile organic substance in any stationary storage tank having a maximum capacity of 10,000 gallons (37,850 liters) or greater unless such stationary tank is equipped with control apparatus as determined in accordance with the procedure for using Table I or as approved by the Department of Environmental Protection as being equally or more effective in preventing the emission of volatile organic substances into the outdoor atmosphere.
(1) 
Procedure for using Table I.
(a) 
Step 1: Determine the vapor pressure at standard conditions in pounds per square inch absolute of the volatile organic substances to be stored.
(b) 
Step 2: Select the appropriate line in Table I for the vapor pressure determined in Step 1.
(c) 
Step 3: Find the tank capacity range classification for the vapor pressure determined under Step 1.
(d) 
Step 4: Determine the control requirements in accordance with the following:
[1] 
Range I: No control apparatus required under this subsection.
[2] 
Range II: Conservation vent required.
[3] 
Range III: Floating roof required.
(2) 
Determinants of type of control apparatus required for storage of volatile organic substances.
TABLE I
Vapor Pressure in Pounds Per Square Inch Absolute at 70º F.
Tank Capacity in Thousands of Gallons
Greater Than
But Not Greater Than
Range I Not Greater Than
Greater Than
Range II But Not Greater Than
Range III Greater Than
0.02*
0.03
4,500
4,500
14,000
14,000
0.03
0.04
4,500
4,500
11,000
11,000
0.04
0.06
3,500
3,500
8,000
8,000
0.06
0.08
2,500
2,500
6,000
6,000
0.08
0.10
2,000
2,000
4,500
4,500
0.10
0.15
1,600
1,600
3,500
3,500
0.15
0.2
1,050
1,050
2,500
2,500
0.2
0.3
750
750
1,600
1,600
0.3
0.4
550
550
1,250
1,250
0.4
0.5
475
475
1,075
1,075
0.5
0.6
400
400
900
900
0.6
0.7
350
350
750
750
0.7
0.8
300
300
650
650
0.8
1.0
260
260
550
550
1.0
1.2
210
210
475
475
1.2
1.4
190
190
400
400
1.4
1.6
170
170
350
350
1.6
1.8
150
150
300
300
1.8
2.1
125
125
260
260
2.1
2.4
110
110
225
225
2.4
2.7
100
100
200
200
2.7
3.0
90
90
180
180
3.0
3.5
80
80
160
160
3.5
4.0
70
70
145
145
4.0
4.5
60
60
130
130
4.5
5.0
50
50
115
115
5.0
5.5
50
50
105
105
5.5
6.0
50
50
95
95
6.0
6.5
40
40
85
85
6.5
7.0
40
40
75
75
7.0
7.5
40
40
70
70
7.5
8.0
35
35
65
65
8.0
8.5
35
35
60
60
8.5
9.5
30
30
55
55
9.5
10.5
25
25
50
50
10.5
11.5
20
20
45
45
11.5
13.0
10
10
40
40
*NOTE: VOS which have a vapor pressure of 0.02 pound per square inch absolute at 70º F. shall be included in this line.
D. 
No person shall cause, suffer, allow or permit the storage of a volatile organic substance having a vapor pressure of greater than 13.0 pounds per square inch absolute (672 millimeters of mercury) at the actual temperature existing at or near the liquid surface in any stationary storage tank having a maximum capacity of 1,000 gallons (3,785 liters) or greater unless such tank is equipped with a vapor control system to reduce the rate of volatile organic substance emissions to the outdoor atmosphere by at least 90% by weight of the process emission rate.
E. 
No person shall cause, suffer, allow or permit the storage of volatile organic substances in any stationary storage tank, subject to the provisions of either Subsection C in Ranges II and III or Subsection D and equipped with gauging and/or sampling systems, unless such systems are vaportight except when gauging or sampling is taking place.
F. 
The provisions of Subsections C and D shall not apply to a stationary storage tank in Range II located underground, at a depth of no less than eight inches (20.3 centimeters) below the surface, measured to the highest point of the tank shell, or installed in other manner approved by the Department of Environmental Protection as being equally or more effective in preventing the emission of volatile organic substances into the outdoor atmosphere.
G. 
The.provisions of Subsections A and B shall not apply to any storage tank:
(1) 
Maintained under a controlled elevated temperature; or
(2) 
Equipped with a vapor control system reducing by at least 90% the weight of volatile organic substance emissions to the outdoor atmosphere.
H. 
Any stationary storage tank in Range III, as determined from Table I, constructed or installed on or after December 17, 1979, shall be provided with a double-seal floating roof or other control apparatus approved by the Department of Environmental Protection as being equally or more effective in preventing the emission of volatile organic substance into the outdoor atmosphere.
I. 
No person shall cause, suffer, allow or permit the storage of a volatile organic substance in any stationary storage tank having a maximum capacity of 40,000 gallons (151,400 liters) or greater and equipped with an external floating roof unless such stationary storage tank is equipped with control apparatus as determined in accordance with the procedures for using Table II as approved by the Department of Environmental Protection as being equally or more effective in preventing the emission of volatile organic substances into the outdoor atmosphere.
(1) 
Procedure for using Table II.
(a) 
Step 1: Determine the vapor pressure at standard conditions in pounds per square inch absolute of the volatile organic substances to be stored.
(b) 
Step 2: Select the appropriate line in Table II for the vapor pressure determined in Step 1.
(c) 
Step 3: Determine the type of construction of the tank shell or walls, whether riveted or welded.
(d) 
Step 4: Find the tank capacity range classification for the vapor pressure determined under Step 1 and for the type of construction determined under Step 3.
(e) 
Step 5: Determine the control requirements in accordance with the following:
[1] 
Range R-1 and Range W-1: a single seal-envelope combination is required.
[2] 
Range R-2 and Range W-2: a second seal-envelope combination must be added.
(2) 
Determinants of requirements for second seal retrofits on external floating roof storage tanks containing volatile organic substances.
TABLE II
Vapor Pressure in Pounds Per Square Inch Absolute at 70º F.
Tank Capacity in Thousands of Gallons
Riveted Tanks
Welded Tanks
Greater Than
But Not Greater Than
Range R-1
Not Greater Than
Range R-2
Greater Than
Range W-1
Not Greater Than
Range W-2
Greater Than
0.02*
1.0
--
--
--
--
1.0
1.2
470
470
--
--
1.2
1.4
400
400
--
--
1.4
1.6
350
350
--
--
1.6
1.8
300
300
--
--
1.8
2.0
265
265
--
--
2.0
2.2
230
230
1,030
1,030
2.2
2.4
200
200
930
930
2.4
2.6
175
175
540
540
2.6
2.8
155
155
770
770
2.8
3.0
135
135
720
720
3.0
3.2
120
120
665
665
3.2
3.4
105
105
620
620
3.4
3.6
90
90
580
580
3.6
3.8
80
80
545
545
3.8
4.0
75
75
510
510
4.0
4.4
65
65
450
450
4.4
4.8
60
60
405
405
4.8
5.2
50
50
360
360
5.2
5.6
45
45
320
320
5.6
6.0
40
40
280
280
6.0
6.4
40
40
245
245
6.4
6.8
40
40
210
210
6.8
7.2
40
40
180
180
7.2
7.6
40
40
155
155
7.6
8.0
40
40
130
130
8.0
8.4
40
40
110
110
8.4
8.8
40
40
90
90
8.8
9.6
40
40
65
65
9.6
10.4
40
40
50
50
10.4
--
40
40
40
40
*NOTE: VOS which have a vapor pressure of 0.02 pound per square inch absolute at 70º F. shall be included in this line.
J. 
No person shall cause, suffer, allow or permit the storage of a volatile organic substance having a vapor pressure of greater than 1.5 pounds per square inch absolute (75 millimeters of mercury) at standard conditions in any stationary storage tank having a maximum capacity of 40,000 gallons (151,400 liters) or greater and equipped with an external floating roof having a vapor-mounted primary seal unless such tank is equipped with a second seal-envelope combination. The gap area of gaps exceeding 1/8 inch (0.32 centimeter) in width between the secondary seal and the tank wall shall not exceed 1.0 square inch per foot of tank diameter (6.5 square centimeters per 0.3 meter of tank diameter.
K. 
Any person subject to the provisions of Subsections I and J shall comply with the following schedule:
(1) 
By June 1, 1987, a report shall be submitted listing, for each facility, all stationary storage tanks subject to the provisions of Subsections I and J identifying those which do not meet the control requirements of Subsections I and J as of the reporting date;
(2) 
By January 1, 1988, any 15 noncomplying tanks at each facility shall be equipped with control apparatus as determined in accordance with the procedure for using Table II or with the provisions of Subsection J; and
(3) 
By June 1, 1988, and by the first day of June of each year thereafter, a minimum of 15 additional noncomplying tanks at each facility shall be equipped with control apparatus as determined in accordance with the procedure for using Table II or with the provisions of Subsection J above until compliance with the provisions of Subsections I and J above are achieved, but in no event shall any tank not be so equipped by later than June 1, 1988.
L. 
No person shall cause, suffer, allow or permit a second seal-envelope combination retrofit to be constructed or installed pursuant to the provisions of Subsection K without first notifying the Department of Environmental Protection and this agency, in writing, of his intention to do so and providing the Department of Environmental Protection and this agency the opportunity and access for inspecting the condition of the existing seal-envelope combination.
M. 
No person shall cause, suffer, allow or permit the storage of volatile organic substances in any stationary storage tank equipped with an external floating roof unless all openings in such roof, excluding emergency roof drains, are covered when not in active use.
N. 
Any delivery vessel, excluding a railroad tank car, used for storing volatile organic substances for more than one month shall be considered a stationary storage tank for the purpose of this section.

§ 4-9 Transfer operations.

A. 
No person shall cause, suffer, allow or permit the transfer of any volatile organic substance into any receiving vessel of 2,000 gallons (7,570 liters) or greater total capacity unless such transfer is made through a submerged fill pipe or by other means approved by the Department of Environmental Protection as being equally or more effective in preventing the emission of volatile organic substances into the outdoor atmosphere during transfer. By no later than January 1, 1986, such submerged fill pipe shall be permanently affixed to any underground storage tank into which gasoline is transferred.
B. 
The provisions of Subsection A shall not apply to manufacturing process vessels installed before December 17, 1979.
C. 
No person shall cause, suffer, allow or permit the transfer of gasoline from any delivery vessel into any stationary storage tank of 2,000 gallons (7,570 liters) or greater capacity unless such storage tank is equipped with and operating one of the following controls:
(1) 
A vapor balance system with all atmospheric vents positively closed during transfer;
(2) 
A vapor balance system with a conservation vent adjusted to remain closed during the transfer;
(3) 
A vapor balance system with a drilled cap on the atmospheric vent, the drilled hole not to exceed 1/4 inch (6.4 millimeters) in diameter;
(4) 
A vapor control system which reduces by no less than 95% by volume the air vapor mixture displaced during the transfer of gasoline; or
(5) 
A floating roof or equivalent approved by the Department.
D. 
No person shall cause, suffer, allow or permit the transfer of gasoline or any substance into any gasoline vapor laden delivery vessel of 2,000 gallons (7,570 liters) or greater total capacity at a gasoline loading facility unless such delivery vessel is connected to control apparatus installed and operating in accordance with the provisions of Subsection E.
E. 
No person shall cause, suffer, allow or permit the transfer or loading of gasoline or any substance into any gasoline vapor laden delivery vessel at a gasoline loading facility unless such facility is equipped with and operating a control apparatus in accordance with the following provisions:
(1) 
Facilities loading more than 2,000 gallons (7,570 liters) of gasoline per day, but not more than 15,000 gallons (56,775 liters) of gasoline per day, shall be equipped with and operating a vapor balance system or other control apparatus of equal or higher efficiency. Such vapor balance system shall have no opening operating vent to the atmosphere during transfer and shall not return the vapors to any tank equipped with a floating roof.
(2) 
Facilities loading more than 15,000 gallons (56,775 liters) of gasoline per day shall be equipped with and operating a vapor control system which:
(a) 
Prevents volatile organic substance emissions to the outdoor atmosphere from exceeding the maximum allowable emissions as determined from Table III; or
(b) 
Reduces the total emissions of volatile organic substances to the outdoor atmosphere by no less than 90% by weight.
(3) 
The daily loading rate shall be calculated on the basis of the daily average rate during the month with the highest throughput in the last 12 months operated.
(4) 
Emission standards for gasoline loading facilities loading more than 15,000 gallons (56,775 liters) per day.
TABLE III
Concentration of Volatile Organic Substances in Gas Displaced From Delivery Vessel(volume percent)
Maximum Allowable Emissions Per Volume Unit Loaded
Greater Than
But Not Greater Than
Pounds Per Ten Thousand Gallons
Milligrams Per Liter
50
--
6.7
80
40
40
5.8
70
30
40
5.0
60
20
30
4.2
50
15
20
3.8
45
0
15
3.3
40
F. 
No person shall cause, suffer, allow or permit the transfer of gasoline into any vehicular fuel tank unless the transfer is made using a vapor control system approved by the Department of Environmental Protection, which is designed, operated and maintained so as to prevent:
(1) 
Volatile organic substance emissions to the outdoor atmosphere by no less than 90% by weight.
(2) 
Overfilling of vehicular fuel tanks and spillage.
G. 
The provisions of Subsection F shall not apply to a gasoline dispensing facility with a monthly throughput of 10,000 gallons (37,850 liters) or less.
H. 
No person shall cause, suffer, allow or permit any delivery vessel having a maximum total capacity of 2,000 gallons (7,570 liters) or greater to contain gasoline unless such delivery vessel:
(1) 
Sustains a pressure change of less than three inches of water (six millimeters of mercury) in five minutes when pressurized to 18 inches of water (34 millimeters of mercury) and evacuated to six inches of water (11 millimeters of mercury), as tested at least once in every twelve-month period for leaks in accordance with test procedures specified by the Department of Environmental Protection; and
(2) 
Has a certification affixed to the vessel in a prominent location, which indicates the identification number of the vessel and the date the vessel last passed the pressure and vacuum tests.
(3) 
Has a record of certification, which shall be kept with the delivery vessel at all times and made available upon request by the Department. The record of certification shall include the test title, delivery vessel owner and address, delivery vessel identification number, testing location, date of test, tester name and test results.
I. 
No person shall cause, suffer, allow or permit volatile organic substances to be emitted into the atmosphere during a transfer of gasoline, subject to the provisions of Subsections C, D, E and F, from leaking components of gasoline vapor control systems or delivery vessels from being loaded or unloaded if:
(1) 
The concentration of the emissions to the outdoor atmosphere is greater than or equal to 100% of the lower explosive limit of propane when measured at a distance of 1.0 inch (2.54 centimeters) from the source; or
(2) 
The emissions are in the liquid state.
J. 
The provisions of Subsection D shall not apply to delivery vessels used for less than one month for the purpose of holding gasoline from a storage tank during a period in which the storage tank is undergoing repair or maintenance.
K. 
No person shall cause, suffer, allow or permit the transport of any volatile organic substance in a delivery vessel of 2,000 gallons (7,570 liters) or greater total capacity unless such vessel is vaportight at all times while containing volatile organic substances except:
(1) 
Under emergency conditions;
(2) 
While gauging; or
(3) 
While venting through a vapor control system approved by the Department of Environmental Protection.
L. 
The provisions of § 4-9 of this chapter shall not apply to the transfer of volatile organic substances into marine delivery vessels.
M. 
The provisions of Subsection C shall not apply to a storage tank during construction ballast.
N. 
Any delivery vessel subject to the provisions of Subsection H found in violation of Subsection G or H above shall be repaired within 15 days and shall be recertified.
O. 
Any person subject to the provisions of Subsection E(1) and loading between 2,000 and 4,000 gallons (15,140 liters) of gasoline per day shall comply with the following schedule:
(1) 
By June 1, 1987, a completed application for a permit to construct, install or alter control apparatus or equipment pursuant to N.J.A.C. 7:27-8, which demonstrates compliance with the requirements of Subsection E(1), shall be submitted to the Department of Environmental Protection and a completed certificate of registration application pursuant to § 4-14 of this chapter shall be submitted to this agency.
(2) 
By June 1, 1988, construction of equipment and control apparatus in accordance with the approved permit to construct, install or alter control apparatus or equipment and approved certificate of registration shall commence.
(3) 
By June 1, 1989, compliance shall be achieved.
P. 
Any person subject to the provisions of Subsection F shall comply with the following schedule:
(1) 
By June 1, 1987, a completed application for a permit to construct, install or alter control apparatus or equipment pursuant to N.J.A.C. 7:27-8, which demonstrates compliance with the requirements of Subsection F, shall be submitted to the Department of Environmental Protection and a completed certificate of registration application pursuant to § 4-14 of this chapter shall be submitted to this agency.
(2) 
By January 1, 1988, construction of equipment and control apparatus in accordance with the approved permit to construct, install or alter control apparatus or equipment pursuant to N.J.A.C. 7:27-8 and approved certificate of registration shall commence.
(3) 
By June 1, 1989, compliance shall be achieved.

§ 4-10 Cutback and emulsified asphalts.

No person shall cause, suffer, allow or permit the use of cutback asphalt or emulsified asphalt containing volatile organic substances unless:
A. 
The material is applied during the periods of January 1 through April 15 or October 15 through December 31;
B. 
The use is solely as a penetrating prime coat;
C. 
The emulsified asphalt contains no greater than 8% volatile organic substance by volume and is used for mixed-in-place construction;
D. 
The material is a cold-mix, stockpile material used for pavement repair; or
E. 
The user can demonstrate that there are no emissions of volatile organic substances from the asphalt under conditions of normal use.

§ 4-11 Petroleum solvent dry-cleaning operations.

A. 
No person shall cause, suffer, allow or permit volatile organic substance emissions to the outdoor atmosphere from a petroleum solvent dry-cleaning dryer unless such dryer is:
(1) 
Equipped with a vapor control system which prevents volatile organic substance emissions from exceeding 7.7 pounds (3.5 kilograms) per 220 pounds (100 kilograms) dry weight of articles dry cleaned; or
[Amended 12-8-1993 by Ord. No. 1993-18]
(2) 
A solvent recovery dryer operated in a manner such that the dryer remains closed and the recovery phase continues until a final recovered solvent flow rate of 0.013 gallon (50 milliliters) per minute is attained.
B. 
No person shall cause, suffer, allow or permit volatile organic substance emissions to the atmosphere from a petroleum solvent filtration system unless:
(1) 
The volatile organic substance content in all filtration wastes is reduced to no more than 2.2 pounds (1.0 kilograms) per 220 pounds (100 kilograms) dry weight of articles dry cleaned, before disposal, and exposure to the atmosphere; or
(2) 
The system is a cartridge filtration system operated such that the filter cartridges are drained in their sealed housings for eight hours or longer before their removal.
C. 
No owner or operator of a petroleum solvent dry-cleaning facility shall cause, suffer, allow or permit volatile organic substances to be emitted into the outdoor atmosphere from:
(1) 
Visibly leaking equipment, including but not limited to washers, dryers, solvent filters, settling tanks and vacuum stills; and
(2) 
Containers of volatile organic substances or volatile, organic substance laden waste standing open to the atmosphere.
D. 
The provisions of Subsection A shall not apply to petroleum solvent dry-cleaning facilities that consume less than 10,000 gallons (37,850 liters) of petroleum solvent annually.
[Amended 12-8-1993 by Ord. No. 1993-18]

§ 4-12 Exceptions.

A. 
The provisions of §§ 4-8, 4-9, 4-10 and 4-11 shall not apply to any operation granted a variance under N.J.A.C. 7:27-16.10.
B. 
The provisions of §§ 4-8, 4-9, 4-10 and 4-11 shall not apply to any stationary vessel or delivery vessel maintained under a pressure greater than one atmosphere, provided that any vent serving such vessel has the sole function of relieving pressure under abnormal emergency conditions.
C. 
The provisions of §§ 4-8, 4-9, 4-10 and 4-11 shall not apply to the emissions of volatile organic substances from the following operations:
(1) 
Glass manufacturing plants;
(2) 
Asphalt plant dryers; or
(3) 
Open burning.

§ 4-13 Control and prohibition of air pollution by toxic substances.

A. 
No person shall cause, suffer, allow or permit any toxic volatile organic substance to be emitted from any storage tank or transfer operation into the outdoor atmosphere unless such equipment and operation is registered with and/or permitted by the Department of Environmental Protection.
B. 
No person shall use or cause to be used any equipment or control apparatus from which toxic volatile organic substances are emitted into the outdoor atmosphere unless all components connected or attached to or serving the equipment, including control apparatus, are functioning properly and are in use in accordance with any relevant permit to construct, install or alter control apparatus or equipment and any relevant certificate to operate control apparatus or equipment issued by the Department of Environmental Protection.
C. 
Operations and equipment covered by this section shall include but not be limited to source operations, storage tanks, transfer operations, open-top tanks, surface cleaning, surface coating, organic chemical manufacture, pharmaceutical manufacture, petroleum refining and miscellaneous organic solvent uses in which one or more toxic volatile organic substances are stored, used, manufactured or discharged.
[Amended 12-8-1993 by Ord. No. 1993-18]
D. 
Whenever persons, equipment, control apparatus or toxic volatile organic substances subject to the provisions of this section are also subject to the provisions of any other section of this chapter or subchapters of N.J.A.C. 7:27, the requirements of the relevant provisions of this section and all sections of this chapter and subchapters of N.J.A.C. 7:27 will apply.
E. 
Whenever a toxic volatile organic substance subject to the provisions of this section is subject to the provisions of any other section of this chapter, the relevant provisions of the section requiring the lowest allowable emission rate will apply.
F. 
The provisions for the control of and prohibition of air pollution by toxic volatile organic substances shall not apply to the benzene constituent of gasoline which is discharged to the atmosphere from storage tanks or transfer operations.
G. 
The provisions for the control of and prohibition of air pollution by toxic volatile organic substances shall not apply to any toxic volatile organic substance which:
(1) 
Was not added to or deliberately formed in a raw material or a finished product.
(2) 
Does not exceed 0.25% by weight of any raw material or finished product.
(3) 
Is not emitted from any source operation, storage tank or transfer operation at a rate in excess of 0.10 pound (45.4 grams) per hour.

§ 4-14 Registration of air contamination sources.

A. 
The owner of an air contamination source (process and exhaust and/or ventilation system) operating within the jurisdiction of this chapter must obtain a certificate of registration.
B. 
Such registration shall be valid for a period of three years from the date of issuance.
C. 
Information on either new air contamination sources being placed into service or existing installations which have been altered shall be submitted to the Director within three months after their introduction to service.
D. 
A registration must be renewed by application between 30 and 90 days prior to its expiration date.
E. 
All existing air contamination sources must be registered within three years of the effective date of this chapter.
F. 
Incinerator permits and registration of fuel-burning equipment are required only by §§ 4-15 and 4-16 of this chapter.
G. 
Registration application information pertaining to air contamination sources shall include, but not be limited to, the following:
[Amended 12-8-1993 by Ord. No. 1993-18]
(1) 
A plot plan, to scale, with North orientation and plant property lines locating the facility.
(2) 
The plan will include the height above ground level of all air contamination sources.
(3) 
The plan will delineate the location of all existing air contamination sources, including stationary fuel-burning equipment and incinerators.
(4) 
This plan will be updated each time a new air contamination source is installed or located.
(5) 
The plan will include the shortest straight line distance from the air contamination source to:
(a) 
The property line where the facility is located; and
(b) 
A description of the nearest building(s) at or beyond the property line, including but not limited to residential, light commercial, industrial, hospital, retirement home, health care and school.
(6) 
A description of all equipment and control devices.
(7) 
Identification numbers of all existing air pollution control permits and certificates issued by the Department of Environmental Protection.
(8) 
Qualitative and quantitative air contaminant emission data, reflecting maximum operating conditions.
(9) 
The name of the facility owner for whom the application is being prepared; for a corporation, include the division or subsidiary name.
(10) 
The mailing address of the facility owner and the facility.
(11) 
The name of the designated facility contact to be contacted regarding the application and who is authorized by the owner to represent the facility in legal matters.
(12) 
The business-hours telephone number of the designated facility contact and at least two after-hours telephone numbers to be used in an air pollution emergency situation.
(13) 
The maximum emission rate in pounds per hour for each air contaminant.
(14) 
The maximum number of hours per day the air contaminant will be emitted.
(15) 
The maximum number of days per year the air contaminant will be emitted.
(16) 
Other pertinent information relative to the air contamination source as deemed appropriate by the Director.
H. 
The possession of a certificate of registration does not relieve any person from the obligation to comply with all other provisions of this chapter, nor does it in any way void the applicant's obligation to obtain all other necessary permits, certificates and licenses from any other regulatory agency.
I. 
Any person in possession of a certificate of registration shall maintain said certificate readily available on the facility operating premises.
J. 
All air contamination sources requiring registration with this agency may be inspected by this agency, or its agent, prior to the issuance of a certificate of registration, and the registered air contaminant source shall be subject to inspection at any time by this agency, or its agent, during the effective term of the certificate of registration.
K. 
Registration forms will be made available by this agency.
L. 
The certificate of registration fee for each air contamination source subject to this section shall be $150 made payable to the Township of Mansfield and is renewable every three years at a fee of $150 for each source.
[Amended 12-8-1993 by Ord. No. 1993-18]

§ 4-15 Registration of fuel-burning equipment.

A. 
No person shall use or cause to be used any fuel-burning equipment without first having obtained a certificate of registration.
B. 
Certificates of registration for fuel-burning equipment shall be valid for a period of three years from their date of issuance.
C. 
A certificate of registration for fuel-burning equipment must be renewed by application between 30 and 90 days prior to the certificate expiration date.
D. 
Information, regarding either new installations being placed into service or existing installations which have been altered, shall be submitted to the Director within three months after introducing the equipment into service.
E. 
All existing fuel-burning equipment must be registered within one year of the effective date of this chapter.
F. 
The possession of a certificate of registration for fuel-burning equipment does not relieve any person from the obligation of complying with all other provisions of this chapter, nor does this certificate in any way void the facility owner's responsibility to obtain the necessary permits, certificates and licenses from any other regulatory agency.
G. 
Any person in possession of a certificate of registration shall maintain said certificate readily available on the facility operating premises.
H. 
The provisions of this section shall not apply to:
(1) 
A fuel-burning unit in a structure used exclusively for residential occupancy of six dwelling units or less;
(2) 
Motor vehicles operating on the public highways, mobile or marine sources;
(3) 
A building where the rated capacity of the fuel-burning unit is less than or equal to 140,000 Btu's per hour of gross heat input; or
(4) 
Fuel-burning equipment used exclusively for incinerator emission control, such as primary and secondary burners, provided that the equipment is covered by an incinerator permit, as provided for in § 4-16 of this chapter.
I. 
Applications for certificates of registration for fuel-burning equipment shall be made to this agency on forms provided by this agency.
J. 
The agency may require such details regarding the fuel-burning equipment as necessary to determine that the equipment is designed to operate without causing a violation of any of the provisions of this chapter or of any rules or regulations promulgated hereunder, and that the equipment incorporates advances in the art of air pollution control developed for the kind and amount of air contaminant emitted by the applicant's equipment, and that the equipment is being maintained and operated in a manner which minimizes emissions of air contaminants.
K. 
Any person applying for a certificate of registration for fuel-burning equipment shall supply the following information:
(1) 
The location of the stack or chimney from which are discharged into the open air products of combustion from the burning of solid, liquid or gaseous fuel.
(2) 
The type of fuel burned.
(3) 
The heat content of the fuel burned.
(4) 
The quantity of fuel burned per hour and/or year.
(5) 
A description of the combustion equipment configuration.
(6) 
The usual period of operation.
(7) 
The height and size of the outlet.
(8) 
A description of the air pollution control equipment, including but not limited to smoke alarms, bolometers, transmissometers or opacity meters.
(9) 
The name, address and business hours, telephone number of the owner and/or person responsible for the maintenance of the equipment, and at least two nonbusiness-hour telephone numbers to be used in an emergency situation.
(10) 
The name, address and business-hour telephone number of the owner and/or person responsible for the day-to-day operation of the equipment and at least two nonbusiness-hour telephone numbers to be used in an emergency situation.
(11) 
Certification as to maintenance, repair or inspection activity which would serve to ensure minimal levels of contaminants emitted.
(12) 
The Department of Environmental Protection air pollution control permit and certificate numbers for each fuel-burning unit.
(13) 
Such other information as this agency may require.
L. 
All fuel-burning equipment may be inspected by the Director or his agent prior to the issuance of a certificate and shall be subject to inspection at any time by the Director or his agent during the term of this certificate.
M. 
The certificate fee for each fuel-burning unit shall be payable at the beginning of each renewal period as follows:
(1) 
From 140,001 to 499,999 Btu's per hour gross heat input: $100.
(2) 
From 500,000 to 999,999 Btu's per hour gross heat input: $125.
(3) 
From 1,000,000 Btu's per hour gross heat input: $175.
(4) 
Space heaters in excess of 140,000 Btu's per hour shall be registered as per Subsection M(1) through (3) above. In no case shall the collective listing of individual space heating units below 140,000 Btu's per hour require more than a Category (2) registration.

§ 4-16 Incinerator permits.

A. 
No person shall cause, suffer, allow or permit the use of any incinerator equipment without first having obtained a permit issued by this agency.
B. 
An incinerator permit shall be valid for a period of three years from the date of issuance.
C. 
An incinerator permit must be renewed by application between 30 and 90 days prior to its expiration date.
D. 
Information on either new installations being placed into service or existing installations which have been altered shall be submitted to the Director within three months after their introduction to service.
E. 
All existing incinerators must be permitted within one year of the effective date of this chapter.
F. 
Upon receipt of an application for the issuance of a permit, or any renewal thereof, the Director may issue a temporary permit valid for a period not to exceed 90 days and conditioned upon specific improvements or restrictions being made within the prescribed time.
G. 
The possession of an incinerator permit does not relieve any person from the obligation to comply with all other provisions of this chapter, nor does it in any way void the applicant's obligation to obtain the necessary permits, certificates and licenses from any other regulatory agency.
H. 
Any person in possession of an incinerator permit shall maintain said permit readily available on the premises where the incinerator is located.
I. 
Application for an incinerator permit shall be made to this agency on forms provided by this agency.
J. 
This agency may require such details regarding the incinerator as it considers necessary to determine that the incinerator is designed to operate without causing a violation of any of the provisions of this chapter or of any rules or regulations promulgated hereunder, and that the incinerator incorporates advances in the art of air pollution control developed for the kind and amount of air contaminant emitted by the applicant's incinerator, and that the incinerator is being maintained and operated in a manner which minimizes emissions of air contaminants.
K. 
An applicant for an incinerator permit shall supply the following information:
(1) 
The nature of the installation.
(2) 
The type and quantity of waste to be burned.
(3) 
A description of safety and fire protection devices.
(4) 
A description of the equipment configuration.
(5) 
A description of the devices that are incorporated with the incinerator to ensure against the emission of air pollutants.
(6) 
The name, address, business-hours telephone number of the owner and/or person responsible for the day-to-day operation of the equipment and at least two nonbusiness-hour telephone numbers to be used in an emergency situation.
(7) 
The name, address, business-hours telephone number of the owner and/or person responsible for the maintenance of the equipment and at least two nonbusiness-hour telephone numbers to be used in an emergency situation.
(8) 
The Department of Environmental Protection air pollution permit and certificate number assigned to the incinerator.
(9) 
Such other information as this agency may require.
L. 
All incinerators may be inspected by the Director or his agent prior to the issuance of a permit and shall be subject to inspection at any time by the Director or his agent during the term of the permit.
M. 
The permit fee for each incinerator shall be $300, payable at the beginning of each renewable period.

§ 4-17 Incinerator regulations.

A. 
No person shall construct, install, use or cause to be used any single flue-fed incinerator.
B. 
No person shall construct, install, use or cause to be used any new incinerator or use or cause to be used any existing incinerator unless such incinerator:
(1) 
Is of the multiple-chamber-type or is of a type approved by the Department of Environmental Protection.
(2) 
Has an incinerator permit issued by this agency under § 4-16 of this chapter.
(3) 
Is in use with all components connected or attached, or serving the equipment functioning properly in accordance with the incinerator permit obtained pursuant to § 4-16 of this chapter.
(4) 
Fulfills all conditions and provisions of the incinerator permit obtained pursuant to § 4-16 of this chapter.
C. 
No person shall cause, suffer, allow or permit smoke from any incinerator, the shade or appearance of which is darker than Number 1 on the Ringelmann Smoke Chart or greater than 20% opacity, exclusive of water vapor, to be emitted into the open air.
D. 
The provisions of Subsection C shall not apply to smoke emitted into the open air during the building of a new fire, the shade or appearance of which is darker than No. 2 on the Ringelmann Smoke Chart or greater than 40% opacity, exclusive of water vapor, for a period of no longer 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 cause, suffer, allow or permit the use of any incinerator which will result in odors being detectable by sense of smell in any area of human use or occupancy.
G. 
No person shall cause, suffer, allow or permit the operation of any incinerator prior to 9:00 a.m. or after 5:00 p.m. of any day. All operations, including complete extinction of the fire and removal of materials in a safe manner from the firebox to a noncombustible container, shall be completely terminated by 5:00 p.m.; provided, however, that by a special permit provision, this agency may, because of exceptional circumstances, permit different hours of operation under such conditions as it shall deem necessary for the health, safety and welfare of the public or persons in the vicinity.
H. 
Where the operation of an incinerator constitutes an immediate and 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 local court.
I. 
Resource recovery and hazardous waste disposal units shall be classified as air contamination sources and are required to comply with § 4-14 of this chapter.

§ 4-18 Denial or rescission of certificates of registration or permits.

A. 
A certificate of registration for an air contamination source or fuel-burning equipment or a permit for an incinerator may be denied or rescinded under the following conditions:
(1) 
The owner has failed to provide information, as required.
(2) 
A source is found to be operating in contravention to what has been stated or set forth on the registration or permit application forms.
(3) 
A process is altered or relocated without due notification.
B. 
A certificate of registration or a permit shall be rescinded or denied only at such time after the owner or operator shall have been notified in writing of the findings and determinations made by this agency. The owner or operator shall then have 10 days after written notification to appeal said decision to the Director.

§ 4-19 Asbestos surface coatings.

A. 
No person shall cause, suffer, allow or permit surface coating by spraying on any building, structure, facility, installation or internal or external portion thereof asbestos or friable material containing in excess of 0.25% (by weight) asbestos.
B. 
Tests.
(1) 
Any person responsible for the manufacture, application or use of any coating which the Director, or any agent thereof, has reason to believe contains asbestos shall, when requested by the Director, conduct such tests as are necessary in the opinion of the Director to determine the presence and the amount and/or kinds of asbestos in the coating. Such tests shall be conducted in a manner approved by the Director and shall be made at the expense of the person responsible.
(2) 
The Director may waive the testing requirements of Subsection B(1) of this section upon receipt of a materials specification report from the material manufacturer certifying that the asbestos content of the surface coating for which testing is required complies with the provisions of Subsection A hereof.

§ 4-20 Director of Air Pollution Control.

A. 
The Health Officer of the Township of Mansfield 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."
B. 
The Director may appoint or designate other employees or officers of the Township to perform duties necessary for the enforcement of this chapter.
C. 
The Board of Health, pursuant to N.J.S.A. 26:3-90, may appoint any person employed by the Township, or its successor, to administer and enforce this chapter in addition to the powers and appointments provided by Subsection A hereof.

§ 4-21 Inspections and right of entry.

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 facility, such person shall be in violation of this chapter and subject to the penalties hereunder.
[Amended 12-8-1993 by Ord. No. 1993-18]
D. 
The Director may, upon affidavit, apply to the Judge of the Township for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a violation of the chapter may exist at the facility, including one or more of the following:
(1) 
That the facility requires inspection according to the cycle established by the Township for periodic inspections of premises of the type involved.
[Amended 12-8-1993 by Ord. No. 1993-18]
(2) 
That observation of external conditions (smoke, ash, soot, particulate matter and odors) off the premises and its public areas has resulted in the belief that violations of this chapter exist.
E. 
If the Judge of the Township is satisfied as to the matter set forth in said affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist.
F. 
All buildings and facilities 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 facilities are used for nonresidential purposes; provided, however, that inspection may be made at other times.
[Amended 12-8-1993 by Ord. No. 1993-18]

§ 4-22 Violations and penalties.

A. 
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.
B. 
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.

§ 4-23 Construction and severability.

A. 
This chapter 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 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.
C. 
This chapter is promulgated and adopted in accordance with Section 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.

§ 4-24 Repealer.

All ordinances or parts of ordinances inconsistent with the provisions of this chapter are hereby repealed.

§ 4-25 When effective.

This chapter shall take effect upon final adoption and publication in accordance with the law.