[HISTORY: Adopted by the Board of Health of the Borough of Maywood: Art. I, 10-18-73.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 215.
Violations and penalties — See Ch. 330. § 330-21.
Nuisances — See Ch. 386.
Smoke and obnoxious trades — See Ch. 401.
[1]
Editor's Note: The provisions of this Article are derived from Ch. IX of the former Revised Sanitary Code, 1973, adopted 10-18-73.
[Adopted 10-18-73]
It is hereby declared that pollution of the atmosphere by smoke, cinders, soot, fly ash, gases, fumes, vapors, odors, dust and other contaminants is a menace to the health, welfare and comfort of the residents of the borough 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 the Board to minimize air pollution, as herein defined, and to prohibit excessive emission of the same, to establish standards governing the installation, maintenance and operation of equipment and appurtenances relating to combustion which are a source or potential source of air pollution and, in furtherance of this purpose, to cooperate and coordinate these efforts with the State Department of Health Air Pollution Control Program.
A. 
No person shall cause, suffer, allow or permit open burning of refuse or plant life nor conduct a salvage operation by open burning except as provided in Subsection B.
B. 
The open burning of trade waste is not prohibited where no other known method of disposal can be used without hazard to health or property and the required affidavit has been filed with and approved either by the Commissioner of the State Health Department or by the Commissioner of the New Jersey State Department of Environmental Protection in accordance with Chapter II, Section 1.4, of the New Jersey Air Pollution Control Code.[1]
[1]
Editor's Note: See N.J.S.A. 26:2C-I et seq.
A. 
No person shall cause, suffer, allow or permit smoke from any fuel-burning equipment, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart, to be emitted into the open air.
B. 
The provisions of this section shall not apply to smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is not darker than No. 2 on the Ringelmann Smoke Chart, for a period or periods aggregating no more than three minutes in any 15 consecutive minutes.
A. 
Smoke emissions. No person shall cause, suffer, allow or permit smoke from any incinerator or emissions of such opacity from a stack or chimney, exclusive of water vapor, to be emitted into the open air, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart.
B. 
New fires. The provisions of Subsection A shall not apply to smoke emitted during the building of a new fire or the emission of such opacity from a stack or chimney, exclusive of water vapor, to a degree which is not greater than the emissions designated as No. 2 on the Ringelmann Smoke Chart, for a period no longer than three consecutive minutes.
C. 
Visible particles. 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.
D. 
Odors. No person shall construct, install, use or cause to be used any incinerator which will result in odors being detectible by sense of smell in any area of human use or occupancy.
E. 
Limitation on time of operation. No persons shall operate and no owner or operator of any building in the borough shall permit the operation of any incinerator prior to 7:00 a.m. or after 5:00 p.m., including complete extinction of the fire and removal of material in a safe manner from the fire box to a noncombustible container: provided, however, that, by special permit, the Health Officer 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.
No person or owner of property and no person having possession or control of property shall cause, suffer, allow or permit to be emitted into the open air substances in such quantitites as shall result in air pollution. The provisions of this section shall not apply to the use of economic poisons.