[HISTORY: Adopted by the Board of Health
of the Borough of Wanaque 3-20-1991 as Ord. No. 3-91. Amendments noted
where applicable.]
This chapter shall be known and may be cited
as the "Air Pollution Control Ordinance of the Borough of Wanaque."
It is hereby found that pollution of the air
presents a menace to the health, welfare and comfort of the residents
of the Borough of Wanaque and a cause of substantial damage to property
located within the borough. In order to prevent and reduce to some
degree pollution of the atmosphere, it is hereby declared to be the
policy of the Borough of Wanaque to minimize such pollution as is
hereinafter defined and to set forth and establish standards governing
the installation, maintenance and operation of equipment and appurtenances
which relate to combustion which the borough regards to be a potential
source of air pollution.
Unless specifically defined otherwise from the
context, the words or phrases used in this chapter shall have the
respective meanings assigned to them hereunder:
Solid particles, liquid particles, vapors or gases which
are discharged into the outdoor atmosphere.
The presence in the outdoor atmosphere of one (1) 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.
Equipment in which heat from the combustion of fuel is transferred
to a substance being heated so that the latter contacted by the products
of combustion may contribute to the total effluent.
The person or persons who are authorized by this chapter
to exercise the powers prescribed by this chapter.
Those chemicals used as insecticides, rodenticides, fungicides,
herbicides, nematocides or defoliants.
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.
Animal waste or vegetable matter from houses, kitchens, restaurants,
hotels, produce markets or any other source of food of any kind to
be thrown away.
Any device, apparatus, equipment or structure used for destroying,
reducing or salvaging by fire any material or substance, including
but not limited to refuse, 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 for a circular cross section or the length or width
of a rectangular cross section.
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 factor, 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, digesters, towers, washers, scrubbers,
mills, condensers or absorbers.
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 melted into
the open air and are not directed thereto through a stack or chimney
of an incinerator.
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.
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 thereto; or shall have charge or control
of any dwelling or dwelling unit, as owner or agent of the owner,
or a fiduciary, including but not limited to executrix, administrator,
administratrix, trustee, receiver or guardian of the estate; or as
a mortgagee in possession, regardless of who 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.
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies, as well as individuals,
and shall also include all political subdivisions of this state or
any agencies or instrumentalities thereof.
Vegetation, including but not limited to trees, tree branches,
leaves, yard trimmings, shrubbery, grass, weeds and crops.
Rubbish, garbage, trade waste and plant life.
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.
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 manufacturing process or any identifiable part thereof
emitting an air contaminant into the outdoor atmosphere through one
(1) or more stacks or chimneys.
A flue, conduit or opening designed and constructed for the
purpose of emitting air contaminants into the outdoor air.
Seventy degrees Fahrenheit (70º F.) and one (1) atmosphere
pressure [fourteen and seven-tenths (14.7) psia or seven hundred sixty
(760) millimeters mercury].
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.
Smoke which obscures light to a degree readily discernible
by visible observation.
A.Â
Air pollution. 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.
B.Â
Open burning. No person shall cause, suffer, allow
or permit a salvage operation by open burning. No person shall cause,
suffer, allow or permit the disposal of rubbish, garbage or trade
waste or buildings or structures by open burning. No person shall
cause, suffer, allow or permit the disposal of any type of plant life
by open burning. The provisions of this subsection shall not apply
to:
(1)Â
Variances approved and issued by the New Jersey Department
of Environmental Protection in accordance with N.J.A.C. 7:27-2.
(2)Â
Open burning of refuse for training or research exercises
when conducted at a permanent facility or training center designed
to be used solely for such purposes on a continuing basis.
C.Â
Smoke from combustion of fuel.
(1)Â
No person shall cause, suffer, allow or permit smoke
to be emitted into the outdoor air from combustion of fuel in any
stationary indirect heat exchanger, except as hereinafter provided.
(2)Â
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 twenty percent (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 two hundred million (200,000,000) British thermal units
(Btu's) or greater gross heat input and discharging through a stack
or chimney having all internal cross-sectional dimensions of sixty
(60) inches or greater.
(3)Â
The provisions of this Subsection C shall not apply to smoke which is visible for a period of not longer than three (3) minutes in a consecutive thirty-minute period, nor shall they apply to direct heat exchanger or manufacturing processes or any motor vehicle operating on the public highways.
(4)Â
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 of opacity of smoke being discharged into
the open air.
A.Â
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 twenty percent (20%)
opacity, exclusive of water vapor.
B.Â
The provisions of this section shall not apply:
(1)Â
To particles, the shade or appearance of which is
greater than twenty percent (20%) opacity, exclusive of water vapor,
for a period of not longer than three (3) minutes in any consecutive
thirty-minute period.
(2)Â
To the source operations issued a variance by the
New Jersey Department of Environmental Protection in accordance with
Subchapter 6.5 of the New Jersey Administrative Code.
(3)Â
To indirect heat exchangers.
(4)Â
To incinerators.
A.Â
Except as herein 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 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 combustion equipment, usual period of operation,
height and size of outlet and description of air pollution control
equipment and such other and pertinent information as may be requested
on forms provided for that purpose by the Director. The application
forms shall also request submission of name, address and telephone
number of the person or persons responsible for day-to-day operation
and, also, of the person or persons responsible for maintenance of
any such equipment. Any change in the name, address or telephone number
of such person or persons shall be reported within ten (10) days of
the occurrence of such change to the Director.
B.Â
Such information shall be submitted to the Director
within ninety (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 ordinances of the Borough of Wanaque. Additional reports
concerning these items may be requested by the Director.
A.Â
Permits.
(1)Â
No person shall operate or permit the operation of
an incinerator in the Borough of Wanaque without a permit issued by
the Director in accordance with this chapter.
(2)Â
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 may be operated in accordance
with this chapter.
(3)Â
Said permit may be conditioned on improvements being
made within prescribed time or on certain operating restrictions,
if necessary, to comply with this chapter.
(4)Â
All permits shall be issued by the Health Officer
and shall expire September 15 following their issuance or at such
time prior thereto if any conditions or restrictions shall not be
complied with.
(5)Â
Each incinerator shall require a permit for which
the annual fee shall be twenty-five dollars ($25.) payable to the
Borough of Wanaque Health Department.
B.Â
No person shall operate or permit the operation of
an incinerator in the Borough of Wanaque before 9:00 a.m. or after
5:00 p.m., and all operation shall be completely terminated by 5:00
p.m., including complete extinction of fire and removal of materials
from the firebox to a noncombustible container and in a safe manner;
provided, however, that the Director may, by special permit, 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 persons in the vicinity.
C.Â
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.
D.Â
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.
E.Â
The provisions of Subsection D 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 three (3) consecutive minutes; or emissions of such opacity within a stack or chimney, or exclusive of water vapor, or 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 of no greater than three (3) consecutive minutes.
F.Â
No person shall cause, suffer, allow or permit the
emission of particles or unburned waste or ash from any incinerator
which are individually large enough to be visible while suspended
in the atmosphere.
G.Â
No person shall construct, install, use or cause to
be used any incinerator which will result in odors being detectable
by sense of smell in any area of human use or occupancy.
A.Â
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 twenty-five-hundredths percent (0.25%) (by
weight) asbestos.
B.Â
Testing.
(1)Â
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)Â
The Director may waive the testing requirements of Subsection B(1) of this section upon receipt of a material 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 of this section.
The Health Officer of the Borough of Wanaque
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."
A.Â
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.Â
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.Â
Where the Director or his agent is refused entry of
access or is otherwise impeded or prevented by the owner, occupant
or operator from conducting an inspection of the premises, such person
shall be in violation of this chapter and subject to the penalties
hereunder.
D.Â
Search warrant.
(1)Â
The Director may, upon affidavit, apply to the Judge
of the Borough of Wanaque for a search warrant setting forth factually
the actual conditions and circumstances that provide a reasonable
basis for believing that a violation of this chapter may exist on
the premises, including one (1) or more of the following:
(a)Â
That the premises requires inspection according
to the cycle established by the borough for periodic inspections of
the premises of the type involved.
(b)Â
That observation of external conditions (smoke,
ash, soot, odors) of the premises and its public areas has resulted
in the belief that violations of this chapter exist.
(c)Â
Circumstances such as age and design of fuel-burning
equipment and/or the system, type of incinerator, particular use of
the premises or other factors which render systematic inspections
of such buildings necessary in the interest of public health and safety.
(2)Â
If the Judge of the Borough of Wanaque 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.
E.Â
All buildings and premises 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
premises is used for nonresidential purposes; provided, however, that
inspections may be made at other times if the premises are not available
during the foregoing hours for inspection, there is reason to believe
that violations are occurring on the premises which can be determined
and proved by inspection only during other than the prescribed hours
or there is reason to believe a violation exists of a character which
is an immediate threat to health or safety requiring inspection and
abatement without delay.
A.Â
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
one thousand dollars ($1,000.) or imprisonment for a term not to exceed
ninety (90) days, or both, for each violation. Each day that such
violation shall continue shall constitute a separate offense.
B.Â
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 any order issued
pursuant to this chapter.
A.Â
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.Â
This chapter is promulgated and adopted in accordance
with N.J.S.A. 26:2C-8, P.L. 1954, c. 212 (N.J.S.A. 26:2C-1 to 26:2C-23),
amended by P.L. 1962, c. 215; P.L. 1967, c. 105 and P.L. 1967, c.
106; and nothing contained herein or any action taken hereunder is
to be interpreted as being in conflict with the New Jersey Air Pollution
Control Act and the New Jersey Administrative Code.
