Borough of Fort Lee, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of Fort Lee 7-15-1987 as BH:XX of the 1987 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Public health nuisances — See Ch. 71.
Chapter 2, Control and Prohibition of Air Pollution from Refuse Disposal and Salvage Operations, which became effective May 1, 1956, is hereby repealed. This repeal shall not affect actions, proceedings, or departmental orders pending or outstanding on the effective date of the new regulation; said actions, proceedings, or departmental orders may be prosecuted, defended and continued in the same manner and to the same effect as if the new regulation had not been adopted. The text of the amended regulation follows.
[1]
Editor's Note: New Jersey State DEP, New Jersey Air Pollution Control Code, Chapter 2, from which this chapter derives, became effective October 11, 1971.
As used in this chapter, the following terms shall have the meanings indicated:
AIR CONTAMINANT
Solid particles, vapors or gases which are discharged into the outdoor atmosphere.
DEPARTMENT
The Department of Environmental Protection.
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.
HAZARDOUS MATERIAL
Trade waste which presents an existing or potential hazard to health or safety if disposed of by any means other than open burning, including but not limited to explosives, nitrocellulose and elemental sodium.
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.
INFESTED PLANT LIFE
Plant life contaminated by or harboring an insect, a plant pathogen, a weed, or any other organism capable of causing damage, economic or otherwise, to environmental or natural resources.
OPEN BURNING
Any fire whose products of combustion are emitted directly into the open air, and are not directed thereto through the stack or chimney of an incinerator.
PLANT LIFE
Vegetation, including but not limited to trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops.
PRESCRIBED BURNING
The open burning of plant life under such conditions that the fire is confined to a predetermined area and accomplishes the environmentally beneficial objectives of prevention and control of wildfires.
REFUSE
Rubbish, garbage, trade waste and plant life.
RUBBISH
Waste solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, furniture, tin cans, glass, crockery, masonry and other similar materials.
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.
STACK or CHIMNEY
A flue, conduit, or opening designed and constructed for the purpose of emitting air contaminants into the outdoor air.
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.
A. 
Open burning for salvage operations. No person shall cause, suffer, allow or permit a salvage operation by open burning.
B. 
Open burning of refuse.
(1) 
No person shall cause, suffer, allow or permit the disposal of rubbish, garbage or trade waste or buildings or structures by open burning.
(2) 
No person shall cause, suffer, allow or permit the disposal of fallen leaves by open burning.
(3) 
No person shall cause, suffer, allow or permit the disposal of any type of plant life by open burning.
C. 
Exceptions. The provisions of Subsections A and B shall not apply to open burning of refuse for training or research exercises in fire protection or prevention when conducted at a permanent facility or training center designed to be used solely for such purposes on a continuing basis.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Infested plant life. Whenever a person responsible for the control of infested plant life believes that no effective method of controlling the infestation can be used without causing damage, economic or otherwise, to environmental or natural resources, he may apply to the Department of Environmental Protection for a permit for the open burning of such plant life. Upon certification by the State Department of Agriculture, Division of Plant Industry, a permit for open burning of infested plant life may be issued by the Department of Environmental Protection, except in any municipality which prohibits such open burning. Such permit may be valid for a single event or for a period not to exceed seven days, may be conditioned upon any requirements which the Department of Environmental Protection deems to be necessary and is revocable at the discretion of the Department. No open burning shall commence until a permit is issued and is current. Any person seeking a permit for the open burning of infested plant life shall file with the Department of Environmental protection an affidavit which sets forth the following and any other information requested by the Department:
(1) 
The name, address, and telephone number of the person submitting the affidavit; if such person is a legal entity, the name, title, and address of the individual authorized to accept service of process on its behalf and the name of the officer in charge of the premises where infested plant life is to be burned.
(2) 
The type of business or activity involved.
(3) 
Municipal restrictions on open burning of plant life.
(4) 
The proposed operating practice, including the type and quantity of infested plant life to be burned.
(5) 
Whether the open burning is to be carried on in a single instance, or the frequency if intermittent.
(6) 
The exact location at which the infested plant life will be burned.
(7) 
Reasons why the infestation cannot be controlled by any method other than by open burning without causing damage, economic or otherwise, to environmental or natural resources.
B. 
Prescribed burning. The Department may issue a permit authorizing prescribed burning in accordance with a plan approved by and under the control and supervision of the Bureau of Forestry. The permit may be conditioned upon any requirements which the Bureau of Forestry deems to be necessary and is revocable at the discretion of the Department. The permit may be issued for a single event or for a period of days, and no prescribed burning shall commence until a permit is issued and current. Any person seeking a permit for prescribed burning shall file with the Bureau of Forestry an affidavit which sets forth the following and any other information requested by the Bureau of Forestry:
(1) 
The name, address, and telephone number of the person submitting the affidavit; if such person is a legal entity, the name, title, and address of the individual authorized to accept service of process on its behalf and the name of the officer in charge of the premises where the prescribed burning is to take place.
(2) 
The name and address of the owner of the premises where the prescribed burning is to take place.
(3) 
The exact location at which the prescribed burning is to take place.
(4) 
A detailed plan describing the specific reasons why the prescribed burning is necessary and how it is to be done.
C. 
Emergencies. The Department may issue a permit to a municipality for the open burning of plant life upon a finding of merit in an affidavit filed with the Department by the Municipal Clerk that excessive quantities of plant wastes have been produced by an emergency such as a windstorm or ice storm. The permit may be conditioned upon any requirements which the Department deems to be necessary and is revocable at the discretion of the Department. The permit may be issued for a single event or for a period not to exceed seven days, and no open burning of plant life shall commence until a permit is issued and current. The affidavit shall set forth the following and any other information requested by the Department:
(1) 
The name, address and telephone number of the Municipal Clerk submitting the affidavit.
(2) 
The name of the authorized municipal representative in charge of the premises where the plant life is to be burned.
(3) 
The proposed operating practice, including the type and quantity of plant life to be burned.
(4) 
Whether the open burning is to be carried on in a single instance, or the frequency if intermittent.
(5) 
The exact location(s) at which the plant life is to be burned.
(6) 
Reasons why the plant life cannot be disposed of by any method other than by open burning.
D. 
Hazardous material. The Department may issue a permit for the open burning of hazardous material except in any municipality which prohibits such burning, where no other known method of disposal can be used without hazard to health or property, upon a finding of merit in an affidavit filed with the Department by the person seeking to engage in such activity. The permit may be conditioned upon any requirements which the Department deems to be necessary and is revocable at the discretion of the Department. The permit may be issued for a single event or for a period not to exceed six months, and no disposal of hazardous materials by open burning shall commence until a permit is issued and is current. The affidavit shall set forth the following and any other information requested by the Department:
(1) 
The name, address, and telephone number of the person submitting the affidavit; if such person is a legal entity, the name, title, and address of the individual authorized to accept service of process on its behalf and the name of the officer in charge of the premises where the hazardous material is to be burned.
(2) 
The type of business or activity involved.
(3) 
Municipal restrictions on open burning of hazardous material.
(4) 
The proposed operating practice, including the type and quantity of hazardous material to be disposed of by open burning.
(5) 
Whether the open burning is to be carried on in a single instance, or the frequency if intermittent.
(6) 
The exact location at which the hazardous material will be disposed of by open burning.
(7) 
Reasons why the hazardous material cannot be disposed of by any method other than by open burning without resulting in a hazard to health or property.
Each and every day, or part thereof, that dense smoke shall be emitted in violation of this chapter, shall be deemed to be a separate violation, unless an extension of time to continue such violation is granted by the Board therefor based upon a factually supported claim that extensive alterations are required for the purpose of complying with the provisions of this chapter and based further upon the promise that such alterations will be made within such time as the Board may determine to be reasonable. The granting or denial of such extension of time shall, at all times, be discretionary with the Board.