[HISTORY: Adopted by the Township Committee of the Township of Holland 12-29-1983 by Ord. No. 1983-16. Amendments noted where applicable.]
It is hereby declared that air pollution is a menace to the health, welfare and comfort of the residents of the Township of Holland, in the County of Hunterdon, 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 said Township to minimize air pollution as herein defined by prohibiting open burning, 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:
- 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 being a facility for cremating human or animal remains,
and having been issued, pursuant to the Air Pollution Control Act
(1954) of the State of New Jersey, as amended, and regulations promulgated thereunder, a permit to construct
and certificate to operate by appropriate authority of the New Jersey
Department of Environmental Protection.[Amended 7-12-1984]
- 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.
- 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.
- PLANT LIFE
- Vegetation, including but not limited to trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops.
- 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, 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.
- 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.
Editor's Note: See N.J.S.A. 26:2C-1 et seq.
No person shall cause, suffer, allow or permit a salvage operation by open burning.
No person shall cause, suffer, allow or permit the disposal of rubbish, garbage or trade waste, or buildings or structures, by open burning.
No person shall cause, suffer, allow or permit the disposal of any type of plant life by open burning.
The provisions of this section shall not apply to:
Variances approved and issued by the New Jersey Department of Environmental Protection in accordance with Section 7:27-2 of the New Jersey Administrative Code.
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.
[Amended 9-5-1989 by Ord. No. 1989-9]
The governing body may prescribe penalties for the violation of ordinances it may have authority to pass, either by imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days or by a fine not exceeding $1,000, or both. The court before which any person is convicted of violating this chapter shall have power to impose any fine or term of imprisonment not exceeding the maximum fixed in this chapter.
Any person convicted of the violation of this chapter may, in the discretion of the court by which he was convicted, and in default of the payment of any fine imposed therefor, be imprisoned in the county jail or place of detention provided by the municipality for any term not exceeding 90 days.
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.
This chapter is promulgated and adopted in accordance with N.J.S.A. 26:2C-8 of the Air Pollution Control Act [P.L. 1954, c. 212 (N.J.S.A. 26:2C-1 to 26:2C-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 or the New Jersey Administrative Code.