[HISTORY: Adopted by the Borough Council of the Borough of Carteret
9-3-1981 as Ch. XVI of the 1970 Revised Ordinances, as amended through 3-5-1974.
Section 64-11A amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
This chapter shall be known and cited as the "Revised Air Pollution
Control Ordinance of the Borough of Carteret."
A.
It is hereby declared that air pollution is a menace
to the health, welfare and comfort of the residents of the Borough of Carteret
and a cause of substantial damage to property.
B.
For the purpose of preventing and reducing atmospheric
pollution, it is hereby declared to be the policy of the Borough of Carteret
to minimize air pollution as herein defined and to establish standards governing
the installation, maintenance and operation of equipment and appurtenances
relating to combustion, which is a source or potential source of air pollution.
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:
Solid particles, liquid particles, vapors or gases which are discharged
into the outdoor atmosphere.
The presence in the outdoor atmosphere of one (1) 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.
Actinolite, amosite, anthophyllite, chrysotile, crocidolite or tremolite.
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.
The person or persons who are authorized by this chapter to exercise
the powers prescribed by this chapter.
Those chemicals used as insecticides, rodenticides, fungicides, herbicides,
nematocides or defoliants.
Any material which can be crumbled, pulverized or reduced to powder
by hand pressure.
Solid, liquid or gaseous materials used to produce useful heat by
burning.
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.
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.
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.
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.
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.
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 or absorbers.
Includes all vehicles propelled otherwise than by muscular power,
excepting such vehicles as run only upon rails or tracks.
The 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.
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.
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.
Air space outside of buildings, stacks or exterior ducts.
Any person who, alone, 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 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 a joint responsibility over the portion of
the premises sublet or assigned by said lessee.
Any material, except uncombined water, which exists in finely divided
form as liquid particles or solid particles at standard conditions.
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.
Vegetation, including but not limited to trees, tree branches, leaves,
yard trimmings, shrubbery, grass, weeds and crops.
Rubbish, garbage, trade waste and plant life.
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.
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.
Any operation or activity from which is salvaged or reclaimed any
product or material, including but not limited to metals, chemicals or shipping
containers.
Small gasborne or airborne particles, exclusive of water vapor, arising
from a process of combustion in sufficient number to be observable.
Particles of rigid shape and definite volume.
Any manufacturing process or any identifiable part thereof emitting
an air contaminant into the outdoor atmosphere through one (1) or more stacks
or chimneys.
A flue, conduit or opening designed and constructed for the purpose
of emitting air contaminants into the outdoor air.
Seventy degrees Fahrenheit (70º F.) and one (1) atmosphere pressure
[fourteen and seven-tenths (14.7) pounds per square inch absolute or seven
hundred sixty (760) millimeters of mercury].
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 product, cartons, paint, grease, oil
and other petroleum products, chemicals, cinders and other forms of solid
or liquid waste material.
Smoke which obscures light to a degree readily discernible by visual
observation.
A.
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 subsection shall not apply to the
use of economic poisons.
B.
Open burning.
(1)
No person shall cause, suffer, allow or permit a salvage
operation by open burning.
(2)
No person shall cause, suffer, allow or permit the disposal
of rubbish, garbage or trade waste, or buildings or structures, by open burning.
(3)
No person shall cause, suffer, allow or permit the disposal
of any type of plant life by open burning.
(4)
The provisions of this subsection shall not apply to:
(a)
Variances approved and issued by the New Jersey Department
of Environmental Protection in accordance with N.J.A.C. 7:27-2 of the New
Jersey Administrative Code.
(b)
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.
C.
Smoke from combustion of fuel.
(1)
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 C(2) hereof.
(2)
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 twenty-percent 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 two hundred (200)
million Btu's or greater gross heat input, and discharging through a stack
or chimney having all internal cross-sectional dimensions of sixty (60) inches
or greater.
(4)
The provisions of this subsection shall not apply to
direct heat exchangers or manufacturing processes or any motor vehicle while
operating on the public highways.
(5)
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 air.
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 twenty-percent opacity, exclusive of water
vapor.
B.
The provisions of this section shall not apply:
(1)
To particles the shade or appearance of which is greater
than twenty-percent opacity, exclusive of water vapor, for a period of not
longer than three (3) minutes in any consecutive thirty-minute period.
(2)
To source operations issued a variance by the New Jersey
Department of Environmental Protection in accordance with Subchapter 6.5 of
the New Jersey Administrative Code.
(3)
To indirect heat exchangers.
(4)
To incinerators.
(5)
For a period of five (5) years from the date of issuance
of a valid permanent certificate to operate to a source operation equipped
with control apparatus for which a valid permit to construct or the permanent
certificate to operate was issued by the New Jersey Department of Environmental
Protection during the period from June 15, 1967, to March 27, 1972.
A.
Except as herein provided, persons burning solid or liquid
fuel whose products of combustion are discharged into the open air from a
stack or chimney shall submit to the Director information for each such stack
or chimney relating to place, type of fuel burned, heat content in fuel burned,
quantity of fuel burned per hour and/or year, description of combustion equipment,
usual period of operation, height and size of outlet and description of air
pollution control equipment and such other and pertinent information as may
be requested on forms provided for that purpose by the Director. The application
forms shall also require submission of the name, address and telephone number
of the person or persons responsible for day-to-day operation and, also, of
the person or persons responsible for maintenance of any such equipment. Any
change in the name, address or telephone number of such person or persons
shall be reported within ten (10) days of the occurrence of such change to
the Director.
B.
Such information shall be submitted to the Director within
ninety (90) days after either new installations are placed into service or
existing installations are altered. Nothing herein shall be construed as relieving
any person from the requirements of the Building Code of the Borough of Carteret.[1] Additional reports concerning these items may be requested by
the Director.
C.
The provisions of this section shall not apply to equipment
designed or used for a heat input rate not more than one million (1,000,000)
British thermal units (Btu's) per hour unless the equipment is designed for
or actually using No. 4, No. 5 or No. 6 fuel oil or coal.
A.
No person shall operate or permit the operation of an
incinerator in the Borough of Carteret without a permit issued by the Director
in accordance with this chapter. The Director 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. Said 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 Department of Air Pollution Control and shall expire on December 31 following
their issuance, or at such time prior thereto as any conditions or restrictions
shall not be complied with. Each incinerator shall require a permit for which
the annual fee shall be twenty-five dollars ($25.) payable to the Borough
of Carteret Department of Air Pollution Control.
B.
No person shall operate or permit the operation of an
incinerator in the Borough of Carteret before 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 and in a safe manner; provided, however, that the Director may,
by special permit, 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.
C.
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 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.
D.
No person shall cause, suffer, allow or permit smoke
from any incinerator, the shade or appearance of which is darker than No.
1 of 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 of the Ringelmann Smoke Chart.
E.
The provisions of Subsection D 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 of the Ringelmann Smoke Chart, for a period of three (3) 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 of the Ringelmann Smoke Chart, for a period no greater than three (3) consecutive minutes.
F.
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.
G.
No person shall construct, install, use or cause to be
used any incinerator which will result in odors being detectable by sense
of smell in any area of human use or occupancy.
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 twenty-five hundredths percent (0.25%), by weight, of 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.
A.
The Director of Air Pollution Control of the Borough
of Carteret 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." The Director may
appoint or designate other employees or officers of the Air Pollution Commission
to perform duties necessary for the enforcement of this chapter.
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 and immediate action necessary to abate the condition.
B.
Emergency inspections may also be authorized by the Governor
in the 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 premises, such person shall be in violation
of this chapter and subject to the penalties hereunder.
D.
Search or access warrant.
(1)
The Director may, upon affidavit, apply to the Judge
having jurisdiction herein for a search warrant setting forth factually the
actual conditions and circumstances that provide a reasonable basis for believing
that a violation of this chapter may exist on the premises, including one
(1) or more of the following:
(a)
That the premises require inspection according to the
cycle established by the borough for periodic inspections of premises of the
type involved.
(b)
That observation of external conditions (smoke, ash,
soot and odors) of the premises and its public areas has resulted in the belief
that violations of this chapter exist.
(c)
Circumstances such as age and design of fuel-burning
equipment and/or system, type of incinerator, particular use of premises or
other factors which render systematic inspections of such buildings necessary
in the interest of public health and safety.
(2)
If the Judge having jurisdiction herein is satisfied
as to the matter set forth in the 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.
E.
All buildings and premises 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 premises are used for nonresidential purposes;
provided, however, that inspections may be made at other times if:
(1)
The premises are not available during the foregoing hours
for inspection;
(2)
There is reason to believe that violations are occurring
on the premises which can be determined and proved by inspection only during
other than the prescribed hours; or
(3)
There is reason to believe that a violation exists of
a character which is an immediate threat to health or safety requiring inspection
and abatement without delay.
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 subject to the penalties set forth in § 1-17 of this Code.
[Amended 4-19-1990 by Ord.
No. 90-16]
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.
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.
This chapter is promulgated and adopted in accordance
with N.J.S.A. 26:2C-8 of P.L. 1954, c. 212 (Title 26:2C-1 to 2C-23), as 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.
