[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May 1, 1956, is hereby repealed.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:
Solid particles, vapors or gases which are discharged into
the outdoor atmosphere.
The Department of Environmental Protection.
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.
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.
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.
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.
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.
Vegetation, including but not limited to trees, tree branches,
leaves, yard trimmings, shrubbery, grass, weeds and crops.
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.
Rubbish, garbage, trade waste and plant life.
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.
Any operation or activity from which is salvaged or reclaimed
any product or material, including but not limited to metals, chemicals
or shipping containers.
A flue, conduit, or opening designed and constructed for
the purpose of emitting air contaminants into the outdoor air.
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.
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.
