[HISTORY: Adopted by the Township Committee
of the Township of Mansfield 12-1-1986 by Ord. No. 1986-14. Amendments
noted where applicable.]
A.
Title. This chapter shall be known and cited as the
"Air Pollution Control Code of the Township of Mansfield."
B.
Findings and declaration of policy. It is hereby declared
that air pollution is a menace to the health, welfare and comfort
of the residents of the Township of Mansfield 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 the Township
of Mansfield to minimize air pollution as herein defined and to establish
standards governing the installation, maintenance and operation of
equipment and appurtenances relating to any 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:
A suspension of fine liquid or solid particles in a gas.
[Added 12-8-1993 by Ord. No. 1993-18]
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]
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.
Actinolite, amosite, anthophyllite, chrysotile, crocidolite
and tremolite.
A solid, semisolid or liquid material of which the main constituents
are bitumens.
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]
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]
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.
The filling of any underground tank with gasoline to provide
stability during construction.
Any device which prevents or controls the emission of any
air contaminant.
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.
Any mobile storage tank, including but not limited to tank
trucks or railroad tank cars.
A mechanism for converting energy into mechanical force and
motion by using a compression-ignition-type of internal-combustion
engine.
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.
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.
The person or persons who are authorized by this chapter
to exercise the powers prescribed by this text.
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.
Those chemicals used as insecticides, rodenticides, fungicides,
herbicides, nematocides or defoliants.
Asphalt which has been liquefied by mixing with water and
an emulsifying agent.
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.
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.
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.
A device through which liquid is transferred into a receiving
vessel.
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.
Any material which can be crumbled, pulverized or reduced
to powder by hand pressure.
Solid, liquid or gaseous materials used to produce useful
heat by burning.
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 petroleum distillate having a Reid vapor pressure of
four pounds (207 millimeters of mercury) or greater and used as an
automotive fuel.
A facility consisting of one or more stationary gasoline
storage tanks, together with dispensing devices.
A plant at which gasoline is transferred into delivery vessels.
The rate at which the aggregate heat content based on the
higher heating value of the fuel is introduced into the fuel-burning
equipment.
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.
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.
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.
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]
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.
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.
Any container wherein a manufacturing process, or any part
thereof, takes place.
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.
Includes all vehicles propelled otherwise than by muscular
power, except such vehicles as run only upon rails or tracks.
The property of a substance which affects the sense of smell.
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.
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.
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.
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.
Any chemical compound or mixture of chemical compounds of
carbon, excluding carbon monoxide, carbon dioxide, carbonic acid,
metallic carbonates, metallic carbides and ammonium carbonate.
Air space outside of buildings, stacks or exterior ducts.
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.
Any material, except uncombined water, which exists in finely
divided form as liquid particles or solid particles at standard conditions.
A low-velocity liquid asphalt applied to a surface in order
to prepare it for paving an asphalt concrete.
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.
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.
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.
Vegetation, including but not limited to trees, tree branches,
leaves, yard trimmings, shrubbery, grass, weeds and crops.
Any ventilation system in which pressurized air from a compressed
air manifold, fan or similar device is blown into a work area.
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.
Any vessel into which a VOS is introduced, including but
not limited to storage tanks, delivery vessels and manufacturing process
vessels.
Rubbish, garbage, trade waste and plant life.
Investigations directed toward the discovery of facts, scientific
principles, reactions or substances.
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.
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.
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.
Small gasborne or airborne particles, exclusive of water
vapor, arising from a process of combustion in sufficient number to
be observable.
Particles of rigid shape and definite volume.
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]
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.
Air or gases passed through, or generated by, a source operation
and discharged from the 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]
A flue, conduit or opening designed and constructed for the
purpose of emitting air contaminants into the outdoor air.
Seventy degrees Fahrenheit and one atmosphere pressure (14.7
pounds per square inch absolute or 760.0 millimeters of mercury).
Any tank, reservoir or vessel which is a container for liquids
or gases, wherein no manufacturing process, or part thereof, takes
place.
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.
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.
Any container whose walls are constructed of material which
is rigid and self-supporting.
[Amended 12-8-1993 by Ord. No. 1993-18]
— Includes the following substances as listed in Schedule A.[1]
These substances meet one or more of the following criteria
as referenced in the NIOSH publication Registry of Toxic Effects of
Chemical Substances:
Human carcinogens: those chemicals for which
the induction of cancer in humans has been demonstrated.
Animal carcinogens: those chemicals that have
proved positive in at least one animal species.
Mutagens: those chemicals that induce mutagenic
effects (transmissible changes) in in-vivo or in-vitro tests.
Teratogens: those chemicals that cause nontransmissible
birth defects.
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.
The moving of any substance from any storage tank, manufacturing
process vessel or delivery vessel into any receiving vessel.
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.
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.
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.
A system for preventing the emission of organic vapors into
the outdoor atmosphere.
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.
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.
Not capable of allowing the passage of gases at the pressures
encountered.
Smoke which obscures light to a degree readily discernible
by visual observation.
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.
[1]
Editor's Note: Schedule A, Toxic Volatile Organic Substances, is included at the end of this chapter.
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.
A.
No person shall cause, suffer, allow or permit a salvage
operation by open burning.
B.
No person shall cause, suffer, allow or permit the
disposal of rubbish, garbage or trade waste or buildings or structures
by open burning.
C.
No person shall cause, suffer, allow or permit the
disposal of any type of plant life by open burning.
D.
No person shall cause, suffer, allow or permit an
unabated fire to continue burning for more than 24 hours, above ground
or below ground, on the property or premises owned, leased, operated
or maintained by said person.
E.
The provisions of this section shall not apply to:
(1)
Variances approved and issued by the New Jersey Department
of Environmental Protection in accordance with N.J.A.C. 7:27-2 et
seq.
(2)
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.
A.
No person shall cause, suffer, allow or permit visible smoke to be emitted into the outdoor air from combustion of fuel in any stationary indirect heat exchanger except as provided in Subsection B hereof.
B.
No person shall cause, suffer, allow or permit smoke,
the shade or appearance of which is darker than No. 1 on the Ringelmann
Smoke Chart or greater than 20% opacity, exclusive of water vapor,
to be emitted into the outdoor air from the combustion of fuel in
any stationary indirect heat exchanger having a rated hourly capacity
of greater than 140,000 Btu's gross heat input and discharging through
a stack or chimney having all internal cross-sectional dimensions
of 30 inches or greater.
D.
No person shall cause, suffer, allow or permit smoke,
the shade or appearance of which is darker than No. 2 on the Ringelmann
Smoke Chart or greater than 40% opacity, exclusive of visible condensed
water vapor, to be emitted into the outdoor air from the combustion
of fuel in any mobile source for a period of more than 10 consecutive
seconds.
E.
No person shall cause, suffer, allow or permit smoke,
the shade or appearance of which is darker than No. 1 on the Ringelmann
Smoke Chart or greater than 20% opacity, exclusive of visible condensed
water vapor, to be emitted into the outdoor air from the combustion
of fuel in any stationary internal-combustion engine or any stationary
turbine engine for a period of more than 10 consecutive seconds.
F.
No person shall cause, suffer, allow or permit smoke,
the shade or appearance of which is darker than No. 1 on the Ringelmann
Smoke Chart or greater than 20% opacity, exclusive of visible condensed
water vapor, to be emitted into the outdoor air from the combustion
of fuel in any diesel motor for a period of more than five consecutive
seconds.
G.
The provisions of this section shall not apply to
manufacturing processes or any motor vehicle while operating on the
public highways.
H.
Any person responsible for the construction, installation,
alteration or use of an indirect heat exchanger shall, when requested
by the Director, provide the facilities and necessary equipment for
determining the density or opacity of smoke being discharged into
the open air.
A.
No person shall cause, suffer, allow or permit particles
to be emitted from any stack or chimney into the outdoor air, the
shade or appearance of which is greater than 20% opacity, exclusive
of water vapor.
B.
No person shall cause, suffer, allow or permit particles
to be emitted from the operation of construction sites without adequate
mud- and dust-control measures on all roadways.
C.
No person shall cause, suffer, allow or permit particles
to be emitted from demolition activities unless watering is done twice
daily at 0.5 gallon per square yard or the equivalent wetting power
using other environmentally safe means is implemented at the active
demolition area.
D.
No person shall cause, suffer, allow or permit particles
to be emitted from the demolition or renovation of an institutional,
industrial or commercial building containing friable asbestos materials
unless:
E.
No person shall cause, suffer, allow or permit particles
to be emitted from unpaved roadways or parking lots without adequate
mud- and dust-control measures.
F.
No person shall cause, suffer, allow or permit particles
to be emitted from landfilling operations or compost processing without
implementation of measures which effectively control entrainment and
deposition onto neighboring properties.
[Added 12-8-1993 by Ord. No. 1993-18]
G.
No person shall cause, suffer, allow or permit particles
to be emitted from storage piles whereby particulate matter is entrailed
and deposited onto neighboring properties.
[Amended 12-8-1993 by Ord. No. 1993-18]
H.
No person shall cause, suffer, allow or permit particles
to be emitted from charging doors, ductwork, vents, windows and doors,
outdoor industrial operations and material handling whereby particles
are deposited onto neighboring properties.
[Amended 12-8-1993 by Ord. No. 1993-18]
I.
The provision of Subsection A shall not apply to:
[Amended 12-8-1993 by Ord. No. 1993-18]
(1)
Particles, the shade or appearance of which is greater
than 20% capacity, exclusive of water vapor, for a period of not longer
than three minutes in any consecutive thirty-minute period.
(2)
Source operations issued a variance by the New Jersey
Department of Environmental Protection in accordance with N.J.A.C.
7:27-6.5.
(3)
Indirect heat exchangers.
(4)
Incinerators.
A.
No person shall cause, suffer, allow or permit the
motor of a diesel-powered or gasoline-powered vehicle to be in operation
for more than three consecutive minutes if the vehicle is not in motion,
except, where the ambient temperature is 32º F. (0º C.)
or less, then the permitted period for idling shall be five consecutive
minutes.
B.
The provisions of Subsection A shall not apply to:
(1)
Buses in the act of discharging or loading passengers;
(2)
Vehicles stopped in the line of traffic;
(3)
Electric motor vehicles; or
(4)
Vehicles whose primary and/or secondary power source
is utilized in whole or in part for necessary and definitively prescribed
mechanical operation other than propulsion.
A.
No person shall cause, suffer, allow or permit the
storage of a volatile organic substance in any stationary storage
tank having a capacity greater than 2,000 gallons (7,570 liters) exposed
to the rays of the sun unless the external surface of the tank is
painted and maintained white.
B.
The provisions of Subsection A shall not apply to words and logograms applied to the external surface of a storage tank for purposes of identification, provided that such symbols do not cover more than 20% of the external surface area of the tank's sides and top or more than 200 square feet (18.6 square meters), whichever is less.
C.
No person shall cause, suffer, allow or permit the
storage of a volatile organic substance in any stationary storage
tank having a maximum capacity of 10,000 gallons (37,850 liters) or
greater unless such stationary tank is equipped with control apparatus
as determined in accordance with the procedure for using Table I or
as approved by the Department of Environmental Protection as being
equally or more effective in preventing the emission of volatile organic
substances into the outdoor atmosphere.
(1)
Procedure for using Table I.
(a)
Step 1: Determine the vapor pressure at standard conditions
in pounds per square inch absolute of the volatile organic substances
to be stored.
(b)
Step 2: Select the appropriate line in Table I for
the vapor pressure determined in Step 1.
(c)
Step 3: Find the tank capacity range classification
for the vapor pressure determined under Step 1.
(2)
Determinants of type of control apparatus required
for storage of volatile organic substances.
|
TABLE I
| ||||||
|---|---|---|---|---|---|---|
|
Vapor Pressure in Pounds Per Square Inch
Absolute at 70º F.
|
Tank Capacity in Thousands of Gallons
| |||||
|
Greater Than
|
But Not Greater Than
|
Range I Not Greater Than
|
Greater Than
|
Range II But Not Greater Than
|
Range III Greater Than
| |
|
0.02*
|
0.03
|
4,500
|
4,500
|
14,000
|
14,000
| |
|
0.03
|
0.04
|
4,500
|
4,500
|
11,000
|
11,000
| |
|
0.04
|
0.06
|
3,500
|
3,500
|
8,000
|
8,000
| |
|
0.06
|
0.08
|
2,500
|
2,500
|
6,000
|
6,000
| |
|
0.08
|
0.10
|
2,000
|
2,000
|
4,500
|
4,500
| |
|
0.10
|
0.15
|
1,600
|
1,600
|
3,500
|
3,500
| |
|
0.15
|
0.2
|
1,050
|
1,050
|
2,500
|
2,500
| |
|
0.2
|
0.3
|
750
|
750
|
1,600
|
1,600
| |
|
0.3
|
0.4
|
550
|
550
|
1,250
|
1,250
| |
|
0.4
|
0.5
|
475
|
475
|
1,075
|
1,075
| |
|
0.5
|
0.6
|
400
|
400
|
900
|
900
| |
|
0.6
|
0.7
|
350
|
350
|
750
|
750
| |
|
0.7
|
0.8
|
300
|
300
|
650
|
650
| |
|
0.8
|
1.0
|
260
|
260
|
550
|
550
| |
|
1.0
|
1.2
|
210
|
210
|
475
|
475
| |
|
1.2
|
1.4
|
190
|
190
|
400
|
400
| |
|
1.4
|
1.6
|
170
|
170
|
350
|
350
| |
|
1.6
|
1.8
|
150
|
150
|
300
|
300
| |
|
1.8
|
2.1
|
125
|
125
|
260
|
260
| |
|
2.1
|
2.4
|
110
|
110
|
225
|
225
| |
|
2.4
|
2.7
|
100
|
100
|
200
|
200
| |
|
2.7
|
3.0
|
90
|
90
|
180
|
180
| |
|
3.0
|
3.5
|
80
|
80
|
160
|
160
| |
|
3.5
|
4.0
|
70
|
70
|
145
|
145
| |
|
4.0
|
4.5
|
60
|
60
|
130
|
130
| |
|
4.5
|
5.0
|
50
|
50
|
115
|
115
| |
|
5.0
|
5.5
|
50
|
50
|
105
|
105
| |
|
5.5
|
6.0
|
50
|
50
|
95
|
95
| |
|
6.0
|
6.5
|
40
|
40
|
85
|
85
| |
|
6.5
|
7.0
|
40
|
40
|
75
|
75
| |
|
7.0
|
7.5
|
40
|
40
|
70
|
70
| |
|
7.5
|
8.0
|
35
|
35
|
65
|
65
| |
|
8.0
|
8.5
|
35
|
35
|
60
|
60
| |
|
8.5
|
9.5
|
30
|
30
|
55
|
55
| |
|
9.5
|
10.5
|
25
|
25
|
50
|
50
| |
|
10.5
|
11.5
|
20
|
20
|
45
|
45
| |
|
11.5
|
13.0
|
10
|
10
|
40
|
40
| |
|
*NOTE: VOS which
have a vapor pressure of 0.02 pound per square inch absolute at 70º
F. shall be included in this line.
| ||||||
D.
No person shall cause, suffer, allow or permit the
storage of a volatile organic substance having a vapor pressure of
greater than 13.0 pounds per square inch absolute (672 millimeters
of mercury) at the actual temperature existing at or near the liquid
surface in any stationary storage tank having a maximum capacity of
1,000 gallons (3,785 liters) or greater unless such tank is equipped
with a vapor control system to reduce the rate of volatile organic
substance emissions to the outdoor atmosphere by at least 90% by weight
of the process emission rate.
E.
No person shall cause, suffer, allow or permit the storage of volatile organic substances in any stationary storage tank, subject to the provisions of either Subsection C in Ranges II and III or Subsection D and equipped with gauging and/or sampling systems, unless such systems are vaportight except when gauging or sampling is taking place.
F.
The provisions of Subsections C and D shall not apply to a stationary storage tank in Range II located underground, at a depth of no less than eight inches (20.3 centimeters) below the surface, measured to the highest point of the tank shell, or installed in other manner approved by the Department of Environmental Protection as being equally or more effective in preventing the emission of volatile organic substances into the outdoor atmosphere.
H.
Any stationary storage tank in Range III, as determined
from Table I, constructed or installed on or after December 17, 1979,
shall be provided with a double-seal floating roof or other control
apparatus approved by the Department of Environmental Protection as
being equally or more effective in preventing the emission of volatile
organic substance into the outdoor atmosphere.
I.
No person shall cause, suffer, allow or permit the
storage of a volatile organic substance in any stationary storage
tank having a maximum capacity of 40,000 gallons (151,400 liters)
or greater and equipped with an external floating roof unless such
stationary storage tank is equipped with control apparatus as determined
in accordance with the procedures for using Table II as approved by
the Department of Environmental Protection as being equally or more
effective in preventing the emission of volatile organic substances
into the outdoor atmosphere.
(1)
Procedure for using Table II.
(a)
Step 1: Determine the vapor pressure at standard conditions
in pounds per square inch absolute of the volatile organic substances
to be stored.
(b)
Step 2: Select the appropriate line in Table II for
the vapor pressure determined in Step 1.
(c)
Step 3: Determine the type of construction of the
tank shell or walls, whether riveted or welded.
(d)
Step 4: Find the tank capacity range classification
for the vapor pressure determined under Step 1 and for the type of
construction determined under Step 3.
(2)
Determinants of requirements for second seal retrofits
on external floating roof storage tanks containing volatile organic
substances.
|
TABLE II
| ||||||
|---|---|---|---|---|---|---|
|
Vapor Pressure in Pounds Per Square Inch
Absolute at 70º F.
|
Tank Capacity in Thousands of Gallons
| |||||
|
Riveted Tanks
|
Welded Tanks
| |||||
|
Greater Than
|
But Not Greater Than
|
Range R-1
Not Greater Than
|
Range R-2
Greater Than
|
Range W-1
Not Greater Than
|
Range W-2
Greater Than
| |
|
0.02*
|
1.0
|
--
|
--
|
--
|
--
| |
|
1.0
|
1.2
|
470
|
470
|
--
|
--
| |
|
1.2
|
1.4
|
400
|
400
|
--
|
--
| |
|
1.4
|
1.6
|
350
|
350
|
--
|
--
| |
|
1.6
|
1.8
|
300
|
300
|
--
|
--
| |
|
1.8
|
2.0
|
265
|
265
|
--
|
--
| |
|
2.0
|
2.2
|
230
|
230
|
1,030
|
1,030
| |
|
2.2
|
2.4
|
200
|
200
|
930
|
930
| |
|
2.4
|
2.6
|
175
|
175
|
540
|
540
| |
|
2.6
|
2.8
|
155
|
155
|
770
|
770
| |
|
2.8
|
3.0
|
135
|
135
|
720
|
720
| |
|
3.0
|
3.2
|
120
|
120
|
665
|
665
| |
|
3.2
|
3.4
|
105
|
105
|
620
|
620
| |
|
3.4
|
3.6
|
90
|
90
|
580
|
580
| |
|
3.6
|
3.8
|
80
|
80
|
545
|
545
| |
|
3.8
|
4.0
|
75
|
75
|
510
|
510
| |
|
4.0
|
4.4
|
65
|
65
|
450
|
450
| |
|
4.4
|
4.8
|
60
|
60
|
405
|
405
| |
|
4.8
|
5.2
|
50
|
50
|
360
|
360
| |
|
5.2
|
5.6
|
45
|
45
|
320
|
320
| |
|
5.6
|
6.0
|
40
|
40
|
280
|
280
| |
|
6.0
|
6.4
|
40
|
40
|
245
|
245
| |
|
6.4
|
6.8
|
40
|
40
|
210
|
210
| |
|
6.8
|
7.2
|
40
|
40
|
180
|
180
| |
|
7.2
|
7.6
|
40
|
40
|
155
|
155
| |
|
7.6
|
8.0
|
40
|
40
|
130
|
130
| |
|
8.0
|
8.4
|
40
|
40
|
110
|
110
| |
|
8.4
|
8.8
|
40
|
40
|
90
|
90
| |
|
8.8
|
9.6
|
40
|
40
|
65
|
65
| |
|
9.6
|
10.4
|
40
|
40
|
50
|
50
| |
|
10.4
|
--
|
40
|
40
|
40
|
40
| |
|
*NOTE: VOS which
have a vapor pressure of 0.02 pound per square inch absolute at 70º
F. shall be included in this line.
| ||||||
J.
No person shall cause, suffer, allow or permit the
storage of a volatile organic substance having a vapor pressure of
greater than 1.5 pounds per square inch absolute (75 millimeters of
mercury) at standard conditions in any stationary storage tank having
a maximum capacity of 40,000 gallons (151,400 liters) or greater and
equipped with an external floating roof having a vapor-mounted primary
seal unless such tank is equipped with a second seal-envelope combination.
The gap area of gaps exceeding 1/8 inch (0.32 centimeter) in width
between the secondary seal and the tank wall shall not exceed 1.0
square inch per foot of tank diameter (6.5 square centimeters per
0.3 meter of tank diameter.
K.
Any person subject to the provisions of Subsections I and J shall comply with the following schedule:
(2)
By January 1, 1988, any 15 noncomplying tanks at each facility shall be equipped with control apparatus as determined in accordance with the procedure for using Table II or with the provisions of Subsection J; and
(3)
By June 1, 1988, and by the first day of June of each year thereafter, a minimum of 15 additional noncomplying tanks at each facility shall be equipped with control apparatus as determined in accordance with the procedure for using Table II or with the provisions of Subsection J above until compliance with the provisions of Subsections I and J above are achieved, but in no event shall any tank not be so equipped by later than June 1, 1988.
L.
No person shall cause, suffer, allow or permit a second seal-envelope combination retrofit to be constructed or installed pursuant to the provisions of Subsection K without first notifying the Department of Environmental Protection and this agency, in writing, of his intention to do so and providing the Department of Environmental Protection and this agency the opportunity and access for inspecting the condition of the existing seal-envelope combination.
M.
No person shall cause, suffer, allow or permit the
storage of volatile organic substances in any stationary storage tank
equipped with an external floating roof unless all openings in such
roof, excluding emergency roof drains, are covered when not in active
use.
N.
Any delivery vessel, excluding a railroad tank car,
used for storing volatile organic substances for more than one month
shall be considered a stationary storage tank for the purpose of this
section.
A.
No person shall cause, suffer, allow or permit the
transfer of any volatile organic substance into any receiving vessel
of 2,000 gallons (7,570 liters) or greater total capacity unless such
transfer is made through a submerged fill pipe or by other means approved
by the Department of Environmental Protection as being equally or
more effective in preventing the emission of volatile organic substances
into the outdoor atmosphere during transfer. By no later than January
1, 1986, such submerged fill pipe shall be permanently affixed to
any underground storage tank into which gasoline is transferred.
B.
The provisions of Subsection A shall not apply to manufacturing process vessels installed before December 17, 1979.
C.
No person shall cause, suffer, allow or permit the
transfer of gasoline from any delivery vessel into any stationary
storage tank of 2,000 gallons (7,570 liters) or greater capacity unless
such storage tank is equipped with and operating one of the following
controls:
(1)
A vapor balance system with all atmospheric vents
positively closed during transfer;
(2)
A vapor balance system with a conservation vent adjusted
to remain closed during the transfer;
(3)
A vapor balance system with a drilled cap on the atmospheric
vent, the drilled hole not to exceed 1/4 inch (6.4 millimeters) in
diameter;
(4)
A vapor control system which reduces by no less than
95% by volume the air vapor mixture displaced during the transfer
of gasoline; or
(5)
A floating roof or equivalent approved by the Department.
D.
No person shall cause, suffer, allow or permit the transfer of gasoline or any substance into any gasoline vapor laden delivery vessel of 2,000 gallons (7,570 liters) or greater total capacity at a gasoline loading facility unless such delivery vessel is connected to control apparatus installed and operating in accordance with the provisions of Subsection E.
E.
No person shall cause, suffer, allow or permit the
transfer or loading of gasoline or any substance into any gasoline
vapor laden delivery vessel at a gasoline loading facility unless
such facility is equipped with and operating a control apparatus in
accordance with the following provisions:
(1)
Facilities loading more than 2,000 gallons (7,570
liters) of gasoline per day, but not more than 15,000 gallons (56,775
liters) of gasoline per day, shall be equipped with and operating
a vapor balance system or other control apparatus of equal or higher
efficiency. Such vapor balance system shall have no opening operating
vent to the atmosphere during transfer and shall not return the vapors
to any tank equipped with a floating roof.
(2)
Facilities loading more than 15,000 gallons (56,775
liters) of gasoline per day shall be equipped with and operating a
vapor control system which:
(3)
The daily loading rate shall be calculated on the
basis of the daily average rate during the month with the highest
throughput in the last 12 months operated.
(4)
Emission standards for gasoline loading facilities
loading more than 15,000 gallons (56,775 liters) per day.
|
TABLE III
| ||||
|---|---|---|---|---|
|
Concentration of Volatile Organic Substances
in Gas Displaced From Delivery Vessel(volume percent)
|
Maximum Allowable Emissions Per Volume
Unit Loaded
| |||
|
Greater Than
|
But Not Greater Than
|
Pounds Per Ten Thousand Gallons
|
Milligrams Per Liter
| |
|
50
|
--
|
6.7
|
80
| |
|
40
|
40
|
5.8
|
70
| |
|
30
|
40
|
5.0
|
60
| |
|
20
|
30
|
4.2
|
50
| |
|
15
|
20
|
3.8
|
45
| |
|
0
|
15
|
3.3
|
40
| |
F.
No person shall cause, suffer, allow or permit the
transfer of gasoline into any vehicular fuel tank unless the transfer
is made using a vapor control system approved by the Department of
Environmental Protection, which is designed, operated and maintained
so as to prevent:
G.
The provisions of Subsection F shall not apply to a gasoline dispensing facility with a monthly throughput of 10,000 gallons (37,850 liters) or less.
H.
No person shall cause, suffer, allow or permit any
delivery vessel having a maximum total capacity of 2,000 gallons (7,570
liters) or greater to contain gasoline unless such delivery vessel:
(1)
Sustains a pressure change of less than three inches
of water (six millimeters of mercury) in five minutes when pressurized
to 18 inches of water (34 millimeters of mercury) and evacuated to
six inches of water (11 millimeters of mercury), as tested at least
once in every twelve-month period for leaks in accordance with test
procedures specified by the Department of Environmental Protection;
and
(2)
Has a certification affixed to the vessel in a prominent
location, which indicates the identification number of the vessel
and the date the vessel last passed the pressure and vacuum tests.
(3)
Has a record of certification, which shall be kept
with the delivery vessel at all times and made available upon request
by the Department. The record of certification shall include the test
title, delivery vessel owner and address, delivery vessel identification
number, testing location, date of test, tester name and test results.
I.
No person shall cause, suffer, allow or permit volatile organic substances to be emitted into the atmosphere during a transfer of gasoline, subject to the provisions of Subsections C, D, E and F, from leaking components of gasoline vapor control systems or delivery vessels from being loaded or unloaded if:
J.
The provisions of Subsection D shall not apply to delivery vessels used for less than one month for the purpose of holding gasoline from a storage tank during a period in which the storage tank is undergoing repair or maintenance.
K.
No person shall cause, suffer, allow or permit the
transport of any volatile organic substance in a delivery vessel of
2,000 gallons (7,570 liters) or greater total capacity unless such
vessel is vaportight at all times while containing volatile organic
substances except:
L.
The provisions of § 4-9 of this chapter shall not apply to the transfer of volatile organic substances into marine delivery vessels.
O.
Any person subject to the provisions of Subsection E(1) and loading between 2,000 and 4,000 gallons (15,140 liters) of gasoline per day shall comply with the following schedule:
(1)
By June 1, 1987, a completed application for a permit to construct, install or alter control apparatus or equipment pursuant to N.J.A.C. 7:27-8, which demonstrates compliance with the requirements of Subsection E(1), shall be submitted to the Department of Environmental Protection and a completed certificate of registration application pursuant to § 4-14 of this chapter shall be submitted to this agency.
(2)
By June 1, 1988, construction of equipment and control
apparatus in accordance with the approved permit to construct, install
or alter control apparatus or equipment and approved certificate of
registration shall commence.
(3)
By June 1, 1989, compliance shall be achieved.
P.
Any person subject to the provisions of Subsection F shall comply with the following schedule:
(1)
By June 1, 1987, a completed application for a permit to construct, install or alter control apparatus or equipment pursuant to N.J.A.C. 7:27-8, which demonstrates compliance with the requirements of Subsection F, shall be submitted to the Department of Environmental Protection and a completed certificate of registration application pursuant to § 4-14 of this chapter shall be submitted to this agency.
(2)
By January 1, 1988, construction of equipment and
control apparatus in accordance with the approved permit to construct,
install or alter control apparatus or equipment pursuant to N.J.A.C.
7:27-8 and approved certificate of registration shall commence.
(3)
By June 1, 1989, compliance shall be achieved.
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.
A.
No person shall cause, suffer, allow or permit volatile
organic substance emissions to the outdoor atmosphere from a petroleum
solvent dry-cleaning dryer unless such dryer is:
(1)
Equipped with a vapor control system which prevents
volatile organic substance emissions from exceeding 7.7 pounds (3.5
kilograms) per 220 pounds (100 kilograms) dry weight of articles dry
cleaned; or
[Amended 12-8-1993 by Ord. No. 1993-18]
(2)
A solvent recovery dryer operated in a manner such
that the dryer remains closed and the recovery phase continues until
a final recovered solvent flow rate of 0.013 gallon (50 milliliters)
per minute is attained.
B.
No person shall cause, suffer, allow or permit volatile
organic substance emissions to the atmosphere from a petroleum solvent
filtration system unless:
(1)
The volatile organic substance content in all filtration
wastes is reduced to no more than 2.2 pounds (1.0 kilograms) per 220
pounds (100 kilograms) dry weight of articles dry cleaned, before
disposal, and exposure to the atmosphere; or
(2)
The system is a cartridge filtration system operated
such that the filter cartridges are drained in their sealed housings
for eight hours or longer before their removal.
C.
No owner or operator of a petroleum solvent dry-cleaning
facility shall cause, suffer, allow or permit volatile organic substances
to be emitted into the outdoor atmosphere from:
A.
No person shall cause, suffer, allow or permit any
toxic volatile organic substance to be emitted from any storage tank
or transfer operation into the outdoor atmosphere unless such equipment
and operation is registered with and/or permitted by the Department
of Environmental Protection.
B.
No person shall use or cause to be used any equipment
or control apparatus from which toxic volatile organic substances
are emitted into the outdoor atmosphere unless all components connected
or attached to or serving the equipment, including control apparatus,
are functioning properly and are in use in accordance with any relevant
permit to construct, install or alter control apparatus or equipment
and any relevant certificate to operate control apparatus or equipment
issued by the Department of Environmental Protection.
C.
Operations and equipment covered by this section shall
include but not be limited to source operations, storage tanks, transfer
operations, open-top tanks, surface cleaning, surface coating, organic
chemical manufacture, pharmaceutical manufacture, petroleum refining
and miscellaneous organic solvent uses in which one or more toxic
volatile organic substances are stored, used, manufactured or discharged.
[Amended 12-8-1993 by Ord. No. 1993-18]
D.
Whenever persons, equipment, control apparatus or
toxic volatile organic substances subject to the provisions of this
section are also subject to the provisions of any other section of
this chapter or subchapters of N.J.A.C. 7:27, the requirements of
the relevant provisions of this section and all sections of this chapter
and subchapters of N.J.A.C. 7:27 will apply.
E.
Whenever a toxic volatile organic substance subject
to the provisions of this section is subject to the provisions of
any other section of this chapter, the relevant provisions of the
section requiring the lowest allowable emission rate will apply.
F.
The provisions for the control of and prohibition
of air pollution by toxic volatile organic substances shall not apply
to the benzene constituent of gasoline which is discharged to the
atmosphere from storage tanks or transfer operations.
G.
The provisions for the control of and prohibition
of air pollution by toxic volatile organic substances shall not apply
to any toxic volatile organic substance which:
A.
The owner of an air contamination source (process
and exhaust and/or ventilation system) operating within the jurisdiction
of this chapter must obtain a certificate of registration.
B.
Such registration shall be valid for a period of three
years from the date of issuance.
C.
Information on either new air contamination sources
being placed into service or existing installations which have been
altered shall be submitted to the Director within three months after
their introduction to service.
D.
A registration must be renewed by application between
30 and 90 days prior to its expiration date.
E.
All existing air contamination sources must be registered
within three years of the effective date of this chapter.
G.
Registration application information pertaining to
air contamination sources shall include, but not be limited to, the
following:
[Amended 12-8-1993 by Ord. No. 1993-18]
(1)
A plot plan, to scale, with North orientation and
plant property lines locating the facility.
(2)
The plan will include the height above ground level
of all air contamination sources.
(3)
The plan will delineate the location of all existing
air contamination sources, including stationary fuel-burning equipment
and incinerators.
(4)
This plan will be updated each time a new air contamination
source is installed or located.
(5)
The plan will include the shortest straight line distance
from the air contamination source to:
(6)
A description of all equipment and control devices.
(7)
Identification numbers of all existing air pollution
control permits and certificates issued by the Department of Environmental
Protection.
(8)
Qualitative and quantitative air contaminant emission
data, reflecting maximum operating conditions.
(9)
The name of the facility owner for whom the application
is being prepared; for a corporation, include the division or subsidiary
name.
(10)
The mailing address of the facility owner and the
facility.
(11)
The name of the designated facility contact to be
contacted regarding the application and who is authorized by the owner
to represent the facility in legal matters.
(12)
The business-hours telephone number of the designated
facility contact and at least two after-hours telephone numbers to
be used in an air pollution emergency situation.
(13)
The maximum emission rate in pounds per hour for each
air contaminant.
(14)
The maximum number of hours per day the air contaminant
will be emitted.
(15)
The maximum number of days per year the air contaminant
will be emitted.
(16)
Other pertinent information relative to the air contamination
source as deemed appropriate by the Director.
H.
The possession of a certificate of registration does
not relieve any person from the obligation to comply with all other
provisions of this chapter, nor does it in any way void the applicant's
obligation to obtain all other necessary permits, certificates and
licenses from any other regulatory agency.
I.
Any person in possession of a certificate of registration
shall maintain said certificate readily available on the facility
operating premises.
J.
All air contamination sources requiring registration
with this agency may be inspected by this agency, or its agent, prior
to the issuance of a certificate of registration, and the registered
air contaminant source shall be subject to inspection at any time
by this agency, or its agent, during the effective term of the certificate
of registration.
K.
Registration forms will be made available by this
agency.
L.
The certificate of registration fee for each air contamination
source subject to this section shall be $150 made payable to the Township
of Mansfield and is renewable every three years at a fee of $150 for
each source.
[Amended 12-8-1993 by Ord. No. 1993-18]
A.
No person shall use or cause to be used any fuel-burning
equipment without first having obtained a certificate of registration.
B.
Certificates of registration for fuel-burning equipment
shall be valid for a period of three years from their date of issuance.
C.
A certificate of registration for fuel-burning equipment
must be renewed by application between 30 and 90 days prior to the
certificate expiration date.
D.
Information, regarding either new installations being
placed into service or existing installations which have been altered,
shall be submitted to the Director within three months after introducing
the equipment into service.
E.
All existing fuel-burning equipment must be registered
within one year of the effective date of this chapter.
F.
The possession of a certificate of registration for
fuel-burning equipment does not relieve any person from the obligation
of complying with all other provisions of this chapter, nor does this
certificate in any way void the facility owner's responsibility to
obtain the necessary permits, certificates and licenses from any other
regulatory agency.
G.
Any person in possession of a certificate of registration
shall maintain said certificate readily available on the facility
operating premises.
H.
The provisions of this section shall not apply to:
(1)
A fuel-burning unit in a structure used exclusively
for residential occupancy of six dwelling units or less;
(2)
Motor vehicles operating on the public highways, mobile
or marine sources;
(3)
A building where the rated capacity of the fuel-burning
unit is less than or equal to 140,000 Btu's per hour of gross heat
input; or
I.
Applications for certificates of registration for
fuel-burning equipment shall be made to this agency on forms provided
by this agency.
J.
The agency may require such details regarding the
fuel-burning equipment as necessary to determine that the equipment
is designed to operate without causing a violation of any of the provisions
of this chapter or of any rules or regulations promulgated hereunder,
and that the equipment incorporates advances in the art of air pollution
control developed for the kind and amount of air contaminant emitted
by the applicant's equipment, and that the equipment is being maintained
and operated in a manner which minimizes emissions of air contaminants.
K.
Any person applying for a certificate of registration
for fuel-burning equipment shall supply the following information:
(1)
The location of the stack or chimney from which are
discharged into the open air products of combustion from the burning
of solid, liquid or gaseous fuel.
(2)
The type of fuel burned.
(3)
The heat content of the fuel burned.
(4)
The quantity of fuel burned per hour and/or year.
(5)
A description of the combustion equipment configuration.
(6)
The usual period of operation.
(7)
The height and size of the outlet.
(8)
A description of the air pollution control equipment,
including but not limited to smoke alarms, bolometers, transmissometers
or opacity meters.
(9)
The name, address and business hours, telephone number
of the owner and/or person responsible for the maintenance of the
equipment, and at least two nonbusiness-hour telephone numbers to
be used in an emergency situation.
(10)
The name, address and business-hour telephone number
of the owner and/or person responsible for the day-to-day operation
of the equipment and at least two nonbusiness-hour telephone numbers
to be used in an emergency situation.
(11)
Certification as to maintenance, repair or inspection
activity which would serve to ensure minimal levels of contaminants
emitted.
(12)
The Department of Environmental Protection air pollution
control permit and certificate numbers for each fuel-burning unit.
(13)
Such other information as this agency may require.
L.
All fuel-burning equipment may be inspected by the
Director or his agent prior to the issuance of a certificate and shall
be subject to inspection at any time by the Director or his agent
during the term of this certificate.
M.
The certificate fee for each fuel-burning unit shall
be payable at the beginning of each renewal period as follows:
A.
No person shall cause, suffer, allow or permit the
use of any incinerator equipment without first having obtained a permit
issued by this agency.
B.
An incinerator permit shall be valid for a period
of three years from the date of issuance.
C.
An incinerator permit must be renewed by application
between 30 and 90 days prior to its expiration date.
D.
Information on either new installations being placed
into service or existing installations which have been altered shall
be submitted to the Director within three months after their introduction
to service.
E.
All existing incinerators must be permitted within
one year of the effective date of this chapter.
F.
Upon receipt of an application for the issuance of
a permit, or any renewal thereof, the Director may issue a temporary
permit valid for a period not to exceed 90 days and conditioned upon
specific improvements or restrictions being made within the prescribed
time.
G.
The possession of an incinerator permit does not relieve
any person from the obligation to comply with all other provisions
of this chapter, nor does it in any way void the applicant's obligation
to obtain the necessary permits, certificates and licenses from any
other regulatory agency.
H.
Any person in possession of an incinerator permit
shall maintain said permit readily available on the premises where
the incinerator is located.
I.
Application for an incinerator permit shall be made
to this agency on forms provided by this agency.
J.
This agency may require such details regarding the
incinerator as it considers necessary to determine that the incinerator
is designed to operate without causing a violation of any of the provisions
of this chapter or of any rules or regulations promulgated hereunder,
and that the incinerator incorporates advances in the art of air pollution
control developed for the kind and amount of air contaminant emitted
by the applicant's incinerator, and that the incinerator is being
maintained and operated in a manner which minimizes emissions of air
contaminants.
K.
An applicant for an incinerator permit shall supply
the following information:
(1)
The nature of the installation.
(2)
The type and quantity of waste to be burned.
(3)
A description of safety and fire protection devices.
(4)
A description of the equipment configuration.
(5)
A description of the devices that are incorporated
with the incinerator to ensure against the emission of air pollutants.
(6)
The name, address, business-hours telephone number
of the owner and/or person responsible for the day-to-day operation
of the equipment and at least two nonbusiness-hour telephone numbers
to be used in an emergency situation.
(7)
The name, address, business-hours telephone number
of the owner and/or person responsible for the maintenance of the
equipment and at least two nonbusiness-hour telephone numbers to be
used in an emergency situation.
(8)
The Department of Environmental Protection air pollution
permit and certificate number assigned to the incinerator.
(9)
Such other information as this agency may require.
L.
All incinerators may be inspected by the Director
or his agent prior to the issuance of a permit and shall be subject
to inspection at any time by the Director or his agent during the
term of the permit.
M.
The permit fee for each incinerator shall be $300,
payable at the beginning of each renewable period.
A.
No person shall construct, install, use or cause to
be used any single flue-fed incinerator.
B.
No person shall construct, install, use or cause to
be used any new incinerator or use or cause to be used any existing
incinerator unless such incinerator:
C.
No person shall cause, suffer, allow or permit smoke
from any incinerator, the shade or appearance of which is darker than
Number 1 on the Ringelmann Smoke Chart or greater than 20% opacity,
exclusive of water vapor, to be emitted into the open air.
D.
The provisions of Subsection C shall not apply to smoke emitted into the open air during the building of a new fire, the shade or appearance of which is darker than No. 2 on the Ringelmann Smoke Chart or greater than 40% opacity, exclusive of water vapor, for a period of no longer than three consecutive minutes.
E.
No person shall cause, suffer, allow or permit the
emission of particles of unburned waste or ash from any incinerator,
which are individually large enough to be visible while suspended
in the atmosphere.
F.
No person shall cause, suffer, allow or permit the
use of any incinerator which will result in odors being detectable
by sense of smell in any area of human use or occupancy.
G.
No person shall cause, suffer, allow or permit the
operation of any incinerator prior to 9:00 a.m. or after 5:00 p.m.
of any day. All operations, including complete extinction of the fire
and removal of materials in a safe manner from the firebox to a noncombustible
container, shall be completely terminated by 5:00 p.m.; provided,
however, that by a special permit provision, this agency may, because
of exceptional circumstances, permit different hours of operation
under such conditions as it shall deem necessary for the health, safety
and welfare of the public or persons in the vicinity.
H.
Where the operation of an incinerator constitutes
an immediate and 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 local court.
A.
A certificate of registration for an air contamination
source or fuel-burning equipment or a permit for an incinerator may
be denied or rescinded under the following conditions:
B.
A certificate of registration or a permit shall be
rescinded or denied only at such time after the owner or operator
shall have been notified in writing of the findings and determinations
made by this agency. The owner or operator shall then have 10 days
after written notification to appeal said decision to the Director.
A.
No person shall cause, suffer, allow or permit surface
coating by spraying on any building, structure, facility, installation
or internal or external portion thereof asbestos or friable material
containing in excess of 0.25% (by weight) asbestos.
B.
Tests.
(1)
Any person responsible for the manufacture, application
or use of any coating which the Director, or any agent thereof, has
reason to believe contains asbestos shall, when requested by the Director,
conduct such tests as are necessary in the opinion of the Director
to determine the presence and the amount and/or kinds of asbestos
in the coating. Such tests shall be conducted in a manner approved
by the Director and shall be made at the expense of the person responsible.
(2)
The Director may waive the testing requirements of Subsection B(1) of this section upon receipt of a materials specification report from the material manufacturer certifying that the asbestos content of the surface coating for which testing is required complies with the provisions of Subsection A hereof.
A.
The Health Officer of the Township of Mansfield shall,
in addition to his other duties, enforce and administer the provisions
of this chapter and, in exercising his powers and duties hereunder,
shall be known as the "Director of Air Pollution Control."
B.
The Director may appoint or designate other employees
or officers of the Township to perform duties necessary for the enforcement
of this chapter.
A.
Emergency inspections may be authorized without warrant
if the Director has reason to believe that a condition exists which
poses an immediate threat to life, health or safety. Such procedure
shall only take place where the time taken to apply for and secure
the issuance of a warrant would render ineffective the immediate action
necessary to abate the condition.
B.
Emergency inspections may also be authorized by the
Governor in times of air pollution emergencies in accordance with
N.J.S.A. 26:2C-32.
C.
Where the Director or his agent is refused entry or
access or is otherwise impeded or prevented by the owner, occupant
or operator from conducting an inspection of the facility, such person
shall be in violation of this chapter and subject to the penalties
hereunder.
[Amended 12-8-1993 by Ord. No. 1993-18]
D.
The Director may, upon affidavit, apply to the Judge
of the Township for a search warrant setting forth factually the actual
conditions and circumstances that provide a reasonable basis for believing
that a violation of the chapter may exist at the facility, including
one or more of the following:
(1)
That the facility requires inspection according to
the cycle established by the Township for periodic inspections of
premises of the type involved.
[Amended 12-8-1993 by Ord. No. 1993-18]
(2)
That observation of external conditions (smoke, ash,
soot, particulate matter and odors) off the premises and its public
areas has resulted in the belief that violations of this chapter exist.
E.
If the Judge of the Township is satisfied as to the
matter set forth in said affidavit, he shall authorize the issuance
of a search warrant permitting access to and inspection of that part
of the premises on which the nuisance or violation may exist.
F.
All buildings and facilities subject to this chapter
are subject to inspection from time to time by the Director of Air
Pollution Control or his duly authorized representatives. All rooms
and areas in the building shall be available and accessible for such
inspection, which shall be made during usual business hours if the
facilities are used for nonresidential purposes; provided, however,
that inspection may be made at other times.
[Amended 12-8-1993 by Ord. No. 1993-18]
A.
Any person who shall violate any of the provisions
of this chapter or who shall fail to comply therewith or with any
of the requirements thereof shall be punishable by a fine not to exceed
$500 or imprisonment for a term not to exceed 90 days, or both, for
each violation. Each day that such violation shall continue shall
constitute a separate offense.
B.
The violation of any section or subsection of this
chapter shall constitute a separate and distinct offense independent
of the violation of any other section or subsection or of any order
issued pursuant to this chapter.
A.
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.
B.
If any section, subsection, paragraph, sentence, clause,
phrase or word contained in this chapter shall be declared invalid
for any reason whatsoever, such decision shall not affect the remaining
portions of this chapter, which shall remain in full force and effect.
C.
This chapter is promulgated and adopted in accordance
with Section 26:2C-8 of P.L. 1954, c. 212 (N.J.S.A. 26:2C-1 to 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 and the New Jersey Administrative Code.
All ordinances or parts of ordinances inconsistent
with the provisions of this chapter are hereby repealed.
This chapter shall take effect upon final adoption
and publication in accordance with the law.
