[HISTORY: Adopted by the Board of Commissioners of the City
of Union City 1-7-1997 as § 6-4 of the 1996 Revised General Ordinances.
Amendments noted where applicable.]
A.
Title. This chapter shall be known and may be cited as the "Air Pollution
Control Code of the City of Union City."
B.
Findings and declaration of policy. It is hereby declared that pollution
of the atmosphere by smoke, cinders, soot, fly ash, gases, fumes,
vapors, odors, dust and other contaminants is a menace to the health,
welfare and comfort of the residents of the City and a cause of substantial
damage to property. For the purpose of controlling and reducing atmospheric
pollution, it is hereby declared to be the policy of the City to minimize
air pollution as herein defined and prohibit excessive emission of
the same, to establish standards governing the installation, maintenance
and operation of equipment and appurtenances relating to combustion
which are a source of air pollution and, in furtherance of this purpose,
to cooperate and coordinate these efforts with the air pollution control
program administered by the Division of Environmental Quality of the
New Jersey State Department of Environmental Protection Air Pollution
Control Program.
As used in this chapter, the following words shall have the
following meanings:
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, to animal or plant life or to
property, or would unreasonably interfere with the enjoyment of life
or property throughout the City as shall be affected thereby, and
excludes all aspects of employer-employee relationships as to health
and safety hazards.
Those chemicals used as insecticides, rodenticides, fungicides,
herbicides, nematocides or defoliants.
Any furnace, boiler, water heater, device, mechanism, stoker,
burner, stack, oven, stove, kiln, still or other apparatus, or a group
or collection of such units in the process of fuel burning for the
generation of heat or power. Refuse-burning equipment shall be considered
incinerators, as herein defined, and not as fuel-burning equipment
under this definition. Ovens, stoves or ranges used exclusively for
domestic cooking purposes are not included herein.
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, debris or scrap, or facilities
for cremating human or animal remains.
A property of a substance which affects the sense of smell.
Any fire wherein the products of combustion are emitted into
the open air and are not directed thereto through a stack or chimney.
Any person who has care, custody or control of a building
or premises, or a portion thereof, whether with or without the knowledge
of the owner thereof.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
the accompanying actual possession thereof; or who shall have charge,
care or control of any premises or part thereof, including but not
limited to a dwelling or dwelling unit, as owner or agent of the owner,
or as a fiduciary, including but not limited to executor, administrator,
trustee, receiver, guardian or as a mortgagee in possession regardless
of how such possession was obtained. Any person who is a lessee or
sublessee or all or any part of any premises, including but not limited
to a dwelling or dwelling unit, shall be deemed to be a co-owner with
the lessor and shall have joint responsibility with the owner over
the premises or portion hereof so leased or subleased.
All putrescible and nonputrescible wastes, except body wastes,
and shall include but not be limited to garbage, rubbish, yard trimmings,
leaves, ashes, street cleanings, dead animals, abandoned automobiles
and solid market and industrial wastes.
Ringelmann's Scale for Grading the Density of Smoke, published
by the United State Bureau of Mines, or any chart, recorder, indicator
or device for the measurement of smoke density which is approved by
the Department of Environmental Protection of the State of New Jersey,
as the equivalent of the Ringelmann's Scale.
Solids not considered to be highly flammable or explosive
and shall include but not be limited to rags, old clothes, leather,
rubber, carpets, wood, excelsior, paper, ashes, tree branches, yard
trimmings, furniture, tin cans, glass, crockery, masonry and other
similar materials.
Any business, trade or industry engaged in whole or in part
in salvaging or reclaiming any product or material, including but
not limited to metals, chemicals, shipping containers or drums.
Small gas-borne particles arising from a process of combustion
in sufficient number to be observable.
All solid or liquid material or rubbish resulting from construction,
building operations or the prosecution of any business, trade or industry
and shall include but not be limited to plastic products, cartons,
paint, grease, oil and other petroleum products, chemicals, cinders
and other forms of solid or liquid waste materials.
A.
No person shall cause, suffer, allow or permit open burning of refuse or plant life, nor conduct a salvage operation by open burning, except as provided in Subsection B.
B.
The open burning of trade waste is not prohibited where no other
method of disposal can be used without hazard to health or property
and the required affidavit has been filed with and approved by the
Commissioner of the New Jersey State Department of Environmental Protection
in accordance with Chapter 11, Section 1.4, of the New Jersey Air
Pollution Control Code.
A.
Smoke emissions. 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.
B.
New fires. The provisions of Subsection A shall not apply to smoke emitted during the building of a new fire, the shade or appearance of which is not darker than No. 2 of the Ringelmann Smoke Chart, for a period of no longer than three consecutive minutes; or to 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 which is not greater than the emissions designated as No. 2 of the Ringelmann Smoke Chart, for a period of no longer than three consecutive minutes.
C.
Visible particles. 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.
D.
Odors. 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.
E.
Limitation on time of operation. No person shall operate and no owner
or operator of any building in the City shall permit the operation
of an incinerator prior to 7:00 a.m. or after 5:00 p.m. of any day,
and all operation shall be completely terminated by 5:00 p.m., including
complete extinction of the fire and removal of material in a safe
manner from the firebox to a noncombustible container, provided that,
by special permit, the Health Officer may, because of exceptional
circumstances, permit different hours of operation under such conditions
as (s)he shall deem necessary for the health, safety and welfare of
the public or of persons in the vicinity.
No person or owner of property, and no person having possession
or control of property, 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.
A.
All buildings and premises subject to this code are subject to inspection
from time to time by the Health Officer of his/her 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 that inspections may be made at other times if the premises
is not available during the foregoing hours for inspection; there
is reason to believe that violations are occurring on the premises
which can only be apprehended and proved by inspection 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.
B.
Emergency inspections may be authorized without warrant if the Health
Officer has reason to believe that a condition exists which poses
an immediate threat to life, health or safety. Such procedure shall
take place only where the time required to apply for and secure the
issuance of a warrant would render ineffective the immediate action
necessary to abate the condition. 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. Where the Health Officer or his/her
duly authorized representatives are refused entry or access or are
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 code and subject to the penalties hereunder.
A.
The Health Officer, upon affidavit, may apply to the Judge of the
Municipal Court of the City for a search warrant setting forth factually
the actual conditions and circumstances that provide a reasonable
basis for believing that a nuisance or violation of the code may exist
on the premises, including one or more of the following:
(1)
That the premises requires inspection according to the cycle established
by the City for periodic inspections of premises of the type involved.
(2)
That observation of external conditions (for example, smoke, ash
soot, odors) of the premises and its public areas has resulted in
the belief that violations of this code exist.
(3)
Circumstances such as age and design of fuel-burning equipment or
system, types of incinerator, particular use of premises or other
factors which render systematic inspections of such buildings necessary
in the interest of public health and safety.
B.
If the Judge of the Municipal Court of the City is satisfied as to
the matters set forth in the affidavit, (s)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.
