[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,[1] 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]
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.
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.
Any operation or activity from which is salvaged or reclaimed
any product or material, including but not limited to metals, chemicals
or shipping containers.
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.
[1]
Editor's Note: See N.J.S.A. 26:2C-1 et seq.
A.Â
Prohibited acts.
(1)Â
No person shall cause, suffer, allow or permit a salvage
operation by open burning.
(2)Â
No person shall cause, suffer, allow or permit the
disposal of rubbish, garbage or trade waste, or buildings or structures,
by open burning.
(3)Â
No person shall cause, suffer, allow or permit the
disposal of any type of plant life by open burning.
B.Â
The provisions of this section shall not apply to:
(1)Â
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.
(2)Â
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]
A.Â
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.
B.Â
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.
