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:
AEROSOL
A suspension of fine liquid or solid particles in a gas.
[Added 12-8-1993 by Ord. No. 1993-18]
AIR CONTAMINANT
Solid particles, liquid particles, aerosols, odors, vapors
or gases which are discharged into the outdoor atmosphere.
[Amended 12-8-1994 by Ord. No. 1993-18]
AIR CONTAMINATION SOURCE
Any point or nonpoint source which emits an air contaminant from a manufacturing, landfilling, composting or storage process creating air pollution, excluding fuel-burning units and incinerators which are regulated under §§
4-15 and
4-16 of this chapter.
[Amended 12-8-1993 by Ord. No. 1993-18]
AIR POLLUTION
The presence in the outdoor atmosphere of one or more air
contaminants in such quantities and duration as are or tend to be
injurious to human health or welfare, animal or plant life or property
or would unreasonably interfere with the enjoyment of life or property.
ASBESTOS
Actinolite, amosite, anthophyllite, chrysotile, crocidolite
and tremolite.
ASPHALT
A solid, semisolid or liquid material of which the main constituents
are bitumens.
COMPOST
A mixture of organic solids, liquids and gaseous components
which undergoes a biologically mediated oxidation, resulting in the
evolution of heat and a reduction in the volume of organic matter.
[Added 12-8-1993 by Ord. No. 1993-18]
COMPOST PROCESSING
Forming, turning or breaking down compost piles or windrows;
and compost feedstock preparation, including grinding, mixing, mechanical
or air classification; and compost screening.
[Added 12-8-1993 by Ord. No. 1993-18]
CONSERVATION VENT
Any valve designed and used to reduce evaporation losses
of volatile organic substances by limiting the amount of air admitted
to or vapors released from the vapor space of a closed storage vessel.
CONSTRUCTION BALLAST
The filling of any underground tank with gasoline to provide
stability during construction.
CONTROL APPARATUS
Any device which prevents or controls the emission of any
air contaminant.
CUTBACK ASPHALT
Any paving asphalt which has been liquefied by blending with
petroleum solvents, or produced directly from the distillation of
petroleum and having vaporization properties similar to the blended
and liquefied asphalt.
DELIVERY VESSEL
Any mobile storage tank, including but not limited to tank
trucks or railroad tank cars.
DIESEL MOTOR
A mechanism for converting energy into mechanical force and
motion by using a compression-ignition-type of internal-combustion
engine.
DIESEL-POWERED MOTOR VEHICLE
A self-propelled vehicle designed primarily for transporting
persons or properties on a public street or highway which is propelled
by a compression-ignition-type of internal-combustion engine.
DIRECT HEAT EXCHANGER
Equipment in which heat from the combustion of fuel is transferred
to a substance being heated so that the latter is contacted by the
products of combustion and may contribute to the total effluent.
DOUBLE-SEAL FLOATING ROOF
A floating roof with two complete and separate seal-envelope
combinations, one above the other, containing an enclosed space between
them. At least one of the seals must be supported by a mechanism which
maintains constant seal contact with the inner surface of the vessel
walls, despite surface and attitude irregularities.
ECONOMIC POISONS
Those chemicals used as insecticides, rodenticides, fungicides,
herbicides, nematocides or defoliants.
EMULSIFIED ASPHALT
Asphalt which has been liquefied by mixing with water and
an emulsifying agent.
EQUIPMENT
Any device capable of causing the emission of an air contaminant
into the outdoor atmosphere, and any stack, chimney, conduit, flue,
duct, vent or similar device connected or attached to or serving the
equipment. This shall include equipment in which the preponderance
of the air contaminants emitted is caused by a manufacturing process.
EXTERNAL FLOATING ROOF
A movable roof in an otherwise open-top storage vessel consisting
of a floating deck resting on the surface of the liquid contents,
a continuous seal supported against the inner surface of the tank
shell and an envelope closing the gap between the floating deck and
the seal, the entire deck-seal-envelope combination free to rise and
fall with the surface of the liquid during filling and emptying of
the storage vessel.
FACILITY
The combination of all structures, buildings, equipment,
storage vessels, source operations and other operations located on
one or more contiguous or adjacent properties owned or operated by
the same person.
FILL PIPE
A device through which liquid is transferred into a receiving
vessel.
FLOATING ROOF
An external or internal pontoon-type or double-deck-type
roof resting on the surface of the liquid contents in a storage vessel
and equipped with a mechanism providing one or more tight seals in
the space between the floating roof rim and the vessel shall throughout
the entire vertical travel distance of the roof, or any other floating-type
mechanism approved by the Department of Environmental Protection for
the purpose of preventing air contaminants from being discharged into
the outdoor atmosphere.
FRIABLE MATERIAL
Any material which can be crumbled, pulverized or reduced
to powder by hand pressure.
FUEL
Solid, liquid or gaseous materials used to produce useful
heat by burning.
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.
GASOLINE
Any petroleum distillate having a Reid vapor pressure of
four pounds (207 millimeters of mercury) or greater and used as an
automotive fuel.
HEAT INPUT RATE
The rate at which the aggregate heat content based on the
higher heating value of the fuel is introduced into the fuel-burning
equipment.
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.
INDIRECT HEAT EXCHANGER
Equipment in which heat from the combustion of fuel is transferred
by conduction through a heat-conducting material to a substance being
heated, so that the latter is not contacted by and adds nothing to
the products of combustion.
INTERNAL CROSS-SECTIONAL DIMENSION
Any maximum linear perpendicular distance from an inside
wall of a stack or chimney to the inside of an opposite wall, such
as the diameter of a circular cross section or the length or width
of a rectangular cross section.
LANDFILLING
A solid waste management and disposal process in which solid
waste is deposited on or into the land for the purpose of permanent
disposal or storage for a period of time exceeding six months.
[Added 12-8-1993 by Ord. No. 1993-18]
LIQUID PARTICLES
Particles which have volume but are not of rigid shape and
which, upon collection, tend to coalesce and create uniform homogenous
films upon the surface of the collecting media.
MANUFACTURING PROCESS
Any action, operation or treatment embracing chemical, industrial,
manufacturing or processing factors, methods or forms, including but
not limited to furnaces, kettles, ovens, converters, cupolas, kilns,
crucibles, stills, dryers, roasters, crushers, grinders, mixers, reactors,
regenerators, separators, filters, reboilers, columns, classifiers,
screens, quenchers, cookers, digestors, towers, washers, scrubbers,
mills, condensors or absorbers.
MOBILE SOURCE
Equipment designed or constructed to be portable or movable
from one location to another, including but not limited to aircraft,
locomotives operating on rails, tractors, earth-moving equipment,
hoists and mobile power generators.
MOTOR VEHICLES
Includes all vehicles propelled otherwise than by muscular
power, except such vehicles as run only upon rails or tracks.
ODOR
The property of a substance which affects the sense of smell.
OPACITY
The property of a substance which renders it partially or
wholly obstructive to the transmission of visible light, expressed
as the percentage to which the light is obstructed.
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.
OPEN-TOP TANKS
Any vessel in which a manufacturing process, or any part
thereof, takes place during which there is an opening to the atmosphere
greater than 25% of the surface area of any liquid substance contained
therein.
OPERATOR
Any person who has care, custody or control of a building
or premises, or a portion thereof, whether with or without knowledge
of the owner thereof.
ORGANIC SUBSTANCE
Any chemical compound or mixture of chemical compounds of
carbon, excluding carbon monoxide, carbon dioxide, carbonic acid,
metallic carbonates, metallic carbides and ammonium carbonate.
OWNER
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof, or shall have charge or control
of any dwelling or dwelling unit, as owner or agent of the owner,
or as fiduciary, including but not limited to executors, administrators,
trustees, receivers or guardians of an estate, or as a mortgage in
possession regardless of how such possession was obtained. Any person
who is a lessee subletting or reassigning any part or all of any dwelling
or dwelling unit shall be deemed to be a co-owner with the lessor
and shall have a joint responsibility over the portion of the premises
sublet or assigned by said lessee.
PARTICLES
Any material, except uncombined water, which exists in finely
divided form as liquid particles or solid particles at standard conditions.
PENETRATING PRIME COAT
A low-velocity liquid asphalt applied to a surface in order
to prepare it for paving an asphalt concrete.
PERSON
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.
PETROLEUM DISTILLATE
Any mixture of organic substances produced by condensing
vapors of petroleum during distillations, including but not limited
to naphthas, aviation gasoline, motor gasoline, kerosene, diesel oil,
domestic fuel oil and petroleum solvents.
PETROLEUM SOLVENT DRY CLEANING
A process for the cleaning of textiles and fabric products
in which articles are washed in a solution of organic material produced
by petroleum distillation that exists as a liquid under standard conditions
and then dried by exposure to a heated air stream.
PLANT LIFE
Vegetation, including but not limited to trees, tree branches,
leaves, yard trimmings, shrubbery, grass, weeds and crops.
POSITIVE PRESSURE VENTILATION
Any ventilation system in which pressurized air from a compressed
air manifold, fan or similar device is blown into a work area.
PROCESS EMISSION RATE
The mass rate of air contaminants emitted from the final
source operation of a process, exclusive of any type of control apparatus
or product recovery device.
RECEIVING VESSEL
Any vessel into which a VOS is introduced, including but
not limited to storage tanks, delivery vessels and manufacturing process
vessels.
REFUSE
Rubbish, garbage, trade waste and plant life.
RESEARCH
Investigations directed toward the discovery of facts, scientific
principles, reactions or substances.
RINGELMANN SMOKE CHART
Ringelmann's Scale for Grading the Density of Smoke, as published
by the United States Bureau of Mines, or any chart, recorder, indicator
or device which is approved by the New Jersey Department of Environmental
Protection as the equivalent of said Ringelmann's Scale for the measurement
of smoke density.
RUBBISH
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.
SEAL-ENVELOPE COMBINATION
A barrier to the passage of volatile organic substance vapors
between a floating roof and the inner surface of a storage vessel
wall, consisting of a seal which maintains constant contact with the
wall as the floating roof rises and descends with the level of the
stored volatile organic substance, and a membrane, diaphragm, fabric
or blanket, known as an "envelope," which spans the gap between the
floating roof and the seal and which is vaportight.
SMOKE
Small gasborne or airborne particles, exclusive of water
vapor, arising from a process of combustion in sufficient number to
be observable.
SOLID WASTE PROCESSING
Any operation or activity in which solid waste is received,
discharged, transferred, landfilled, separated, classified, placed
in storage piles, reduced in size, reclaimed or recycled.
[Added 12-8-1993 by Ord. No. 1993-18]
SOLVENT RECOVERY DRYER
A class of dry-cleaning dryers that employs a condenser to
liquefy and recover solvent vapors evaporated in a closed-loop recirculating
stream of heated air.
SOURCE GAS
Air or gases passed through, or generated by, a source operation
and discharged from the source operation.
SOURCE OPERATION
Any manufacturing process, or any identifiable part thereof,
emitting or reasonably anticipated to emit, either directly or indirectly,
an air contaminant into the outdoor atmosphere.
[Amended 12-8-1993 by Ord. No. 1993-18]
STACK or CHIMNEY
A flue, conduit or opening designed and constructed for the
purpose of emitting air contaminants into the outdoor air.
STANDARD CONDITIONS
Seventy degrees Fahrenheit and one atmosphere pressure (14.7
pounds per square inch absolute or 760.0 millimeters of mercury).
STORAGE TANK
Any tank, reservoir or vessel which is a container for liquids
or gases, wherein no manufacturing process, or part thereof, takes
place.
SUBMERGED FILL PIPE
A fill pipe whose point of discharge into the receiving vessel
is entirely submerged when the liquid level is no more than six inches
(15.2 centimeters) above the vessel bottom or, in the case of a top-
or side-entering fill pipe, when the liquid level is no more than
three times the inside radius of the fill pipe plus five inches (12.7
centimeters), but no more than 42 inches (106.7 centimeters) above
the vessel bottom.
SURFACE CLEANER
A device to remove unwanted foreign matter from the surfaces
of nonporous or nonabsorbent materials by using volatile organic substance
solvents in liquid or vapor state.
TANK
Any container whose walls are constructed of material which
is rigid and self-supporting.
TOXIC VOLATILE ORGANIC SUBSTANCE [Amended 12-8-1993 by Ord. No. 1993-18]
— Includes the following substances as listed in Schedule A.
These substances meet one or more of the following criteria
as referenced in the NIOSH publication Registry of Toxic Effects of
Chemical Substances:
A.
Human carcinogens: those chemicals for which
the induction of cancer in humans has been demonstrated.
B.
Animal carcinogens: those chemicals that have
proved positive in at least one animal species.
C.
Mutagens: those chemicals that induce mutagenic
effects (transmissible changes) in in-vivo or in-vitro tests.
D.
Teratogens: those chemicals that cause nontransmissible
birth defects.
E.
Those chemicals having an acute toxicity of:
(1)
LD50 (oral) of less than 500 milligrams per
kilogram.
(2)
LD50 (inhalation) of less than 2,000 parts per
million.
(3)
LD50 (dermal) of less than 1,000 milligrams
per kilogram.
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.
TRANSFER OPERATION
The moving of any substance from any storage tank, manufacturing
process vessel or delivery vessel into any receiving vessel.
VACUUM SERVICE
Equipment operating at an internal pressure which is at least
0.725 pound per square inch absolute (37.5 millimeters of mercury)
below ambient pressure.
VAPOR
The gaseous form of substances which, under standard conditions,
is in the solid or liquid state and which can be changed to these
states by either increasing the pressure or decreasing the temperature.
VAPOR BALANCE SYSTEM
A system for controlling vapor losses during the transfer
of volatile organic substance liquid from one vessel to another vessel
or tank by means of the simultaneous counter-transfer of displaced
vapors from the receiving vessel to the vessel supplying the liquid.
VAPOR CONTROL SYSTEM
A system for preventing the emission of organic vapors into
the outdoor atmosphere.
VAPOR MOUNTED PRIMARY SEAL
A seal-envelope combination which is mounted so that underneath
the seal there is an annular vapor space which is bounded by the bottom
of the seal, the vessel wall, the liquid surface and the floating
roof.
VAPOR PRESSURE
The pressure of the vapor phase of a substance, or the sum
of the partial pressures of the vapor phases of individual substances
in a mixture of substances, when in equilibrium with the nonvapor
phase of the substance or substances.
VAPORTIGHT
Not capable of allowing the passage of gases at the pressures
encountered.
VISIBLE SMOKE
Smoke which obscures light to a degree readily discernible
by visual observation.
VOLATILE ORGANIC SUBSTANCES (VOS)
Any organic substances, mixture of organic substances or
mixture of organic and inorganic substances, including but not limited
to petroleum crudes, petroleum fractions, petrochemicals, solvents,
dilutents and thinners which have vapor pressures or sums of partial
pressures or organic substances of 0.02 pound per square inch (one
millimeter of mercury) absolute or greater measured at standard conditions;
and, in the case of surface coating formulations, includes any coalescing
or other agent, regardless of vapor pressure, which evaporates from
the coating during the drying phase, but does not include methane,
trichlorofluoromethane, dichlorodifluoromethane, chlorodifluoromethane,
trifluoromethane, 1,1,2-trichloro, 1,2,2 trifluoroethane, 1,2 dichloro,
1,1,2,2 tetrafluoroethane and chloropentafluoroethane.
No person or owner of property, or person or
persons having possession or control thereof, shall cause, suffer,
allow or permit to be emitted into the open air substances in such
quantities as shall result in air pollution. The provisions of this
section shall not apply to the use of economic poisons and/or lawful
agricultural purposes.
No person shall cause, suffer, allow or permit
the use of cutback asphalt or emulsified asphalt containing volatile
organic substances unless:
A. The material is applied during the periods of January
1 through April 15 or October 15 through December 31;
B. The use is solely as a penetrating prime coat;
C. The emulsified asphalt contains no greater than 8%
volatile organic substance by volume and is used for mixed-in-place
construction;
D. The material is a cold-mix, stockpile material used
for pavement repair; or
E. The user can demonstrate that there are no emissions
of volatile organic substances from the asphalt under conditions of
normal use.