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Township of Livingston, NJ
Essex County
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Table of Contents
Table of Contents
A. 
Except as hereinafter 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, on application forms to be provided by him, 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 the combustion equipment, usual period of operation, height and size of outlet, description of the air pollution control equipment, and such other and pertinent information as may be requested. 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 maintenance of any such equipment. Any change in the name, address, or telephone number of such person or persons shall be reported to the Director within 10 days after the occurrence of such change.
B. 
Such information shall be submitted to the Director within 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 Township. 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 in which the heat content of the fuel burned is not more than 1,000,000 British thermal units per hour, except in the case of equipment designed for use, or actually using No. 4, 5 or 6 fuel oil, or coal.
A. 
No person shall operate, and no owner or operator of any building in the Township shall permit the operation of an incinerator without a permit duly issued by the Director in accordance with this chapter.
B. 
No person shall operate, and no owner or operator of any building in the Township shall permit the operation of, an incinerator prior to 9:00 a.m. or after 5:00 p.m. of any day, and all operation shall be completely terminated by 5:00 p.m., including complete extinction of the fire and removal of materials in a safe manner from the firebox to a noncombustible container; provided, however, that by special permit, the Director may, 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. 
No person shall operate, and no owner or operator of any building in the Township shall permit the operation of, an incinerator in violation of any other provisions of this chapter.
D. 
Applications for permits to operate incinerators shall be made on forms provided by the Director and shall provide such information as may be necessary to determine the nature of the installation, safety, and fire protection devices, design and devices sufficient to insure against air pollution, necessary information as to the person or persons responsible for operation and for maintenance and his or their qualifications therefor, and such other pertinent information as may be necessary for protection of the public welfare, safety, health, and interest.
E. 
The Director shall issue a permit for the operation of an incinerator after examining the application and inspecting the facility and being satisfied that it will be operated in accordance with this chapter. Said permit may be conditioned on improvements being made within a prescribed period of time or on certain operating restrictions if necessary to comply with this chapter. All permits shall be issued by the Director and shall expire on December 31 following the date of issuance, or at such time prior thereto as any conditions or restrictions shall not have been complied with. Each incinerator shall require a permit for which the annual fee shall be $25, payable to the Township, except that the payment of the fee shall not be required from public or private schools and hospitals.
F. 
The Director may take all necessary steps to seal any incinerator which has been or is being operated without a duly authorized and valid permit issued pursuant to this chapter.
G. 
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.
H. 
All incinerators hereafter installed shall be constructed and installed in accordance with the current specifications of the I.I.A. Incinerator Standards as published by the Incinerator Institute of America, and any subsequent amendments thereto, except as the said standards may be modified by regulations promulgated and filed by the Director in accordance with this chapter or by the Building Code of the Township.
I. 
To the extent feasible, existing installations shall be maintained in accordance with, and if altered, repaired, renovated or converted, shall conform with, the I.I.A. Incinerator Standards Specifications adopted as part of this chapter. Prior to altering, renovating, or converting any existing incinerator, the owner or person in charge thereof shall apply for an alteration permit therefor from the Director, specifying the type and nature of any such change in the installation. The Director may condition the said permit on compliance with the aforesaid standards to the extent compliance is feasible. Upon request of the owner, the Director shall hold a hearing upon written notice and within 15 days of the aforesaid request on any proposed condition or order of the Director requiring compliance with the said standards, at which time the applicant may present such proofs, information, or data as may relate to the issuance of the alteration permit, the conditions attached thereto, and the applicability and feasibility of the aforesaid standards. In determining feasibility as applied to proposed changes in existing incinerators, the Director shall weigh the physical and financial difficulties of making such change as against the effect of such change in eliminating or curtailing the likelihood of air pollution. The Director shall make a determination of the said application or order within 10 days after the hearing. This section shall not be deemed to supersede the applicant's obligation to obtain necessary permits from other governmental agencies.
J. 
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.
K. 
The provisions of Subsection J of this section 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 no longer than three 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 consecutive minutes.
L. 
No person shall cause, suffer, allow, or permit, the emission of particles of unburned waste or ash from any common incinerator or from any special incinerator which are individually large enough to be visible while suspended in the atmosphere.
M. 
No person shall construct, install, use or cause to be used, any common incinerator or any special incinerator which will result in odors being detectable by sense of smell in any area of human use or occupancy.