[HISTORY: Adopted by the Board of Commissioners of the Township of Nutley 5-6-1969 by Ord. No. 1695 (Ch. 67 of the 1978 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 57.
Uniform construction codes — See Ch. 272.
Fire prevention — See Ch. 344.
A. 
Title. This chapter shall be known and cited as the "Air Pollution Control Code of the Township of Nutley."
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 Township of Nutley 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 Township of Nutley to minimize air pollution as herein defined and prohibit excessive emission of the same and to establish standards governing the installation, maintenance and operation of equipment and appurtenances relating to combustion which is a 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:
AIR CONTAMINANT
Solid particles, liquid particles, vapors or gases which are discharged into the outdoor atmosphere.
[Added 10-3-1972 by Ord. No. 1771]
AIR POLLUTION
The presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as are or tend to be injurious to human health or welfare, animal or plant life or property or would unreasonably interfere with the enjoyment of life or property throughout the Township.
COMMON INCINERATOR
An incinerator designed and used to burn waste materials of Types 0, 1, 2 and 3 only, in all capacities not exceeding 2,000 pounds per hour of waste material input.
DIRECT HEAT EXCHANGER
Equipment in which heat from the combustion of fuel is transferred to a substance being heated so that the latter is contacted by the products of combustion and may contribute to the total effluent.
[Added 10-3-1972 by Ord. No. 1771]
DIRECTOR
The person holding the position of Director of Air Pollution Control, created and established by this chapter,[1] and authorized to exercise the powers, duties and functions prescribed herein.
DUST
Airborne solid particles, including but not limited to fly ash, cinders and soot.
ECONOMIC POISONS
Those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides or defoliants.
FLY ASH
Particles of gasborne solid matter arising from the combustion of solid fuel, not including process materials.[2]
FUEL
Solid, liquid or gaseous materials used to produce useful heat by burning.
[Added 10-3-1972 by Ord. No. 1771]
FUEL OIL
Oil commonly used as a fuel. The grades are commonly designated as No. 1, No. 2, No. 4, No. 5 and No. 6 and have the requirements as shown in Table 1 of Commercial Standard CS12-40, published by the United States Department of Commerce, or any equivalent succeeding table or reference published hereafter by the said Department.
FUMES
Solid particles generated by condensation from the vapor state, generally after volatilization from molten metals, etc.
GARBAGE
Waste animal or vegetable matter from houses, kitchens, restaurants, hotels, produce markets or any other source, or food of any kind to be thrown away.
[Amended 10-3-1972 by Ord. No. 1771]
GAS
A formless fluid which occupies space and which can be changed to a liquid or solid or solid state by increased pressure with decreased or controlled temperature, or by decreased temperature with increased or controlled pressure.
INCINERATOR
Any device, apparatus, equipment or structure used for destroying, reducing or salvaging by fire any material or substance, including but not limited to refuse, rubbish, garbage, trade waste, debris or scrap, or a facility for cremating human or animal remains.
[Amended 10-3-1972 by Ord. No. 1771]
INDIRECT HEAT EXCHANGER
Equipment in which heat from the combustion of fuel is transferred by conduction through a heat-conducting material to a substance being heated so that the latter is not contacted by and adds nothing to the products of combustion.
[Added 10-3-1972 by Ord. No. 1171]
INTERNAL CROSS-SECTIONAL DIMENSION
Any maximum linear perpendicular distance from an inside wall of a stack or chimney to the inside of an opposite wall, such as the diameter of a circular cross section or the length or width of a rectangular cross section.
[Added 10-3-1972 by Ord. No. 1771]
LIQUID PARTICLES
Particles which have volume but are not of rigid shape and which upon collection tend to coalesce and create uniform homogenous films upon the surface of the collecting media.
[Added 10-3-1972 by Ord. No. 1771]
ODOR
The property of a substance which affects the sense of smell.
OPACITY
The property of a substance which renders it partially or wholly obstructive to the transmission of visible light, expressed as the percentage to which the light is obstructed.
[Added 10-3-1972 by Ord. No. 1771]
OPEN AIR
Air space outside of buildings, stacks or exterior ducts.
OPEN BURNING
Any fire whose products of combustion are emitted directly into the open air and are not directed thereto through the stack or chimney of an incinerator.
[Amended 10-3-1972 by Ord. No. 1771]
OPERATOR
Any person who has care, custody or control of a building or premises or a portion thereof, whether with or without knowledge of the owner thereof.
OWNER
Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof; or shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as fiduciary, including but not limited to executrix, administrator, administratrix, trustee, receiver or guardian of the estate, or as a mortgagee 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 joint responsibility over the portion of the premises sublet or assigned by said lessee.
PERSON
Includes corporations, companies, associations, societies, firms, partnerships, joint companies and governmental units.
PLANT LIFE
Vegetation, including but not limited to trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops.
[Added 10-3-1972 by Ord. No. 1771]
REFUSE
Rubbish, garbage, trade waste and plant life.
[Amended 10-3-1972 by Ord. No. 1771]
RINGELMANN SMOKE CHART
Ringelmann's scale for grading the density of smoke, as published by the United States Bureau of Mines, or any chart, recorder, indicator or device which is approved by the New Jersey Department of Environmental Protection as the equivalent of said Ringelmann's scale for the measurement of smoke density.
[Amended 10-3-1972 by Ord. No. 1771]
RUBBISH
Waste solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, furniture, tin cans, glass, crockery, masonry and other similar materials.
[Amended 10-3-1972 by Ord. No. 1771]
SALVAGE OPERATIONS
Any operation or activity from which is salvaged or reclaimed any product or material, including but not limited to metals, chemicals and shipping containers.
[Amended 10-3-1972 by Ord. No. 1771]
SMOKE
Small gasborne and airborne particles, exclusive of water vapor, arising from a process of combustion in sufficient number to be observable.
[Amended 10-3-1972 by Ord. No. 1771]
SOLID PARTICLES
Particles of rigid shape and definite volume.
[Added 10-3-1972 by Ord. No. 1771]
SOOT
Agglomerations of particles of carbon impregnated with "tar," formed in the incomplete combustion of carbonaceous material.
SPECIAL INCINERATOR
Municipal, pathological waste or trade waste incinerator of any burning capacity, or any incinerator with a burning capacity in excess of 2,000 pounds per hour.[3]
STACK or CHIMNEY
A flue, conduit or opening designed and constructed for the purpose of emitting air contaminants into the outdoor air.
[Added 10-3-1972 by Ord. No. 1771]
SUBSTANCE
Includes smoke, cinders, soot, fly ash, dust, gases, fumes, mists, vapors or a combination thereof.
TRADE WASTE
All waste solid or liquid material or rubbish resulting from construction, building operations or the prosecution of any business, trade or industry, including but not limited to plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste material.
[Amended 10-3-1972 by Ord. No. 1771]
VAPOR
The gaseous form of substances which under standard conditions [14.7 pounds per square inch absolute and 70° F.] are in the solid or liquid state and which can be changed to these states by either increasing the pressure or decreasing the temperature.
VISIBLE SMOKE
Smoke which obscures light to a degree readily discernible by visual observation.
[Added 10-3-1972 by Ord. No. 1771]
[1]
Editor's Note: See § 200-10.
[2]
Editor's Note: The definition of "fuel-burning equipment," which immediately followed this definition, was deleted 10-3-1972 by Ord. No. 1771.
[3]
Editor's Note: The definition of "stack," which immediately followed this definition, was deleted 10-3-1972 by Ord. No. 1771.
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.
[Amended 10-3-1972 by Ord. No. 1771]
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, 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. 
The provisions of Subsections A, B and C above shall not apply to:
(1) 
Variances approved and issued by the New Jersey Department of Environmental Protection in accordance with Chapter II, Section 5, of the New Jersey Air Pollution Control Code.
(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.
[Amended 10-3-1972 by Ord. No. 1771]
A. 
No person shall cause, suffer, allow or permit visible smoke to be emitted into the outdoor air from the combustion of fuel in any stationary indirect heat exchanger having a rated hourly capacity of less than 200 million BTU gross heat input or discharging through a stack or chimney having an internal cross-sectional dimension of less than 60 inches.
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 200 million BTU or greater gross heat input or discharging through a stack or chimney having all internal cross-sectional dimensions of 60 inches or greater.
C. 
The provisions of Subsections A and B above shall not apply to smoke which is visible for a period of not longer than three minutes in any consecutive thirty-minute period.
D. 
The provisions of Subsections A and B above shall not apply to direct heat exchangers, manufacturing processes or any motor vehicle while operating on the public highways.
[Amended 10-3-1972 by Ord. No. 1771]
A. 
All stationary indirect heat exchangers hereafter installed using more than 10,000 gallons per year of No. 4, No. 5 or No. 6 oil or using bituminous coal shall be provided with an automatic smoke alarm with the sensitive element set at a suitable location on the breeching between the boiler and stack. The alarm system shall be maintained in good operating order and shall produce an audible and/or visual signal when smoke exceeding the standards in § 200-5 is emitted. The signal shall be located so as to be readily noticed by the owner or superintendent of the building.
B. 
All existing installations using more than 10,000 gallons per year of No. 5 or No. 6 oil or 20,000 gallons per year of No. 4 oil, or using more than 50 tons of coal per year, shall also have installed by September 1, 1970, an automatic smoke alarm with the sensitive element set at a suitable location on the breeching between the boiler and the stack. The alarm system shall be maintained in good operating order and shall produce an audible and/or visual signal when smoke exceeding the standards in § 200-5 is emitted. The signal shall be located so as to be readily noticed by the owner or superintendent of the building.
C. 
The installation of new soot-blowing equipment for the removal of soot from boilers by causing the soot to be discharged into the atmosphere is and hereafter shall be prohibited.
A. 
Except as hereinafter provided, persons burning solid or liquid fuel whose products of combustion are discharged into the open air from a stack or chimney shall submit to the Director of Air Pollution Control 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, 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 require submission of name, address and telephone number of person or persons responsible for day-to-day operation and also of 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 10 days of the occurrence of such change to the Director.
B. 
Such information shall be submitted to the Director within 90 days after either new installations are placed into service or existing installations are altered. Nothing herein shall be construed as relieving any person from the requirements of the Building Code of the Township.[1] Additional reports concerning these items may be requested by the Director.
[1]
Editor's Note: See Ch. 93, Construction Code, Uniform.
C. 
The provisions of this section shall not apply to equipment designed or used in which the heat content of the fuel burned is not more than 1,000,000 BTUs per hour. However, that equipment designed for use of or actually using No. 4, No. 5 or No. 6 fuel oil or using coal is not exempt even if less than 1,000,000 BTU's per hour are used.
A. 
No person shall operate and no owner or operator of any building in the Township of Nutley shall permit the operation of an incinerator without a duly issued permit, issued by the Director in accordance with this chapter.
B. 
No person shall operate and no owner or operator of any building in the Township of Nutley shall permit the operation of an incinerator prior to 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 the fire and removal of materials from the firebox to a noncombustible container 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 of persons in the vicinity.
C. 
No person shall operate and no owner or operator of any building in the Township of Nutley shall permit the operation of an incinerator in violation of any other provisions of this chapter.
D. 
Applications for permits to operate incinerators shall be made on forms provided by the Director and shall provide such information as may be necessary to determine the nature of the installation, safety and fire protection devices, design and devices sufficient to ensure against air pollution, necessary information as to person or persons responsible for operation and for maintenance and qualifications therefor, and such other pertinent information as may be necessary for protection of the public welfare, safety, health and interest.
E. 
The Director shall recommend issuance of 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. Said permit may be conditioned on improvements being made within a prescribed time or on certain operating restrictions if necessary to comply with this chapter. All permits shall be issued by the Department of Health and shall expire on December 31 following their issuance or at such time prior thereto as any conditions or restrictions shall not be complied with. Each incinerator shall require a permit, for which the annual fee shall be $25, payable to the Department of Health.
F. 
The Director may take all necessary steps to seal any incinerator which has been operated without a duly authorized permit issued pursuant to this chapter.
G. 
Where the operation of an incinerator constitutes an immediate and substantial menace to public health and safety or is a substantial source of air pollution causing irritation and discomfort to persons in the vicinity, and the owner or operator fails upon written or oral notice to take immediate corrective measures, the Director may take all necessary measures to abate the condition, including but not limited to ordering the cessation of use of the equipment and sealing the same, pending a hearing in the Municipal Court.
H. 
All incinerators hereafter installed shall be constructed and installed in accordance with the current specifications of the IIA Incinerator Standards, as published by the Incinerator Institute of America, and any subsequent amendments thereto, except as the said standards may be modified by regulations promulgated and filed by the Director in accordance with this chapter or by the Building Code of the Township of Nutley.[1]
[1]
Editor's Note: See Ch. 93, Construction Code, Uniform.
I. 
To the extent feasible, existing installations shall be maintained in accordance with, and if altered, repaired, renovated or converted, shall conform to the IIA Incinerator Standards specifications adopted as part of this chapter. Prior to altering, renovating or converting any existing incinerator, the owner or person in charge thereof shall apply for an alteration permit therefor from the Director, specifying the type and nature of any such change in the installation. The Director may condition the said permit on compliance with the aforesaid standards, to the extent compliance is feasible. Upon request of the owner, the Director shall hold a hearing, upon written notice and within 15 days of the aforesaid request, on any proposed condition or order of the Director requiring compliance with the said standards, at which time the applicant can present such proofs, information or data as may relate to the issuance of the alteration permit, the conditions attached thereto and the applicability and feasibility of the aforesaid standards. In determining feasibility as applied to proposed changes in existing incinerators, the Director shall weigh the physical and financial difficulties of making such change as against the effect of such change in eliminating or curtailing the likelihood of air pollution. The Director shall make a determination of the said application or order within 10 days after the hearing, and the issuance of the permit by the Department of Health shall be in accordance therewith. This subsection does not void the applicant's obligation to obtain necessary permits from other governmental agencies.
J. 
No person shall cause, suffer, allow or permit smoke from any incinerator, the shade or appearance of which is darker than No. 1 on 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 on the Ringelmann Smoke Chart.
K. 
The provisions of Subsection J above 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 on the Ringelmann Smoke Chart, for a period of three consecutive minutes; or emissions of such opacity within a stack or chimney, or, exclusive of water vapor, of such opacity leaving a stack or chimney, to a degree greater than the emission designated as No. 2 on the Ringelmann Smoke Chart for a period no greater than three consecutive minutes.
L. 
No person shall cause, suffer, allow or permit the emission of particles of unburned waste or ash from any common incinerator or from any special incinerator which are individually large enough to be visible while suspended in the atmosphere.
M. 
No person shall construct, install, use or cause to be used any common incinerator or any special incinerator which will result in odors being detectable by sense of smell in any area of human use or occupancy.
A. 
The Director, with the approval of the Board of Commissioners, may promulgate such rules and regulations, consistent with this chapter, governing installation, maintenance and use of fuel-burning equipment, incinerators, the burning of various types of fuel and fuel oil and the types of matter subject to incineration as may be necessary to minimize or eliminate air pollution. The Director may conduct such investigations, hold such hearings and make such tests as may be necessary to establish specifications to be incorporated in such rules and regulations. All regulations shall be filed 15 days prior to the effective date thereof with the Township Clerk.
B. 
All owners or operators of property on which there exists fuel-burning equipment or incinerators, or both, shall secure from the Director such regulations as shall be reproduced and made available as to the maintenance and operation of such equipment and incinerators, and copies of the regulations shall be kept posted at all times by the said owner or operator at a conspicuous location at or near the said equipment or incinerator affected thereby; and copies of such regulations shall be distributed personally to each person who has responsibility for the maintenance or operation of said equipment or incinerator on behalf of the owner or operator. The Director may require the posting by the owner or operator at specified locations of such other permanent-type signs as may be necessary and desirable to instruct personnel or occupants of the premises as to the proper maintenance and operation of the equipment or incinerator.
A. 
The Health Officer of the Township of Nutley 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. The Director may appoint or designate other employees or officers of the Township to perform duties necessary for the enforcement of this chapter.
B. 
The Board of Commissioners, pursuant to N.J.S.A. 26:3-90, may appoint any person employed by the Suburban Essex Air Pollution Commission, or its successor, to administer and enforce this chapter, in addition to the powers and appointments provided by Subsection A hereof.
A. 
Emergency inspections.
(1) 
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.
(2) 
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.
(3) 
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 premises, such person shall be in violation of this chapter and subject to the penalties hereunder.
B. 
Search warrant or access warrant.
(1) 
The Director may, upon affidavit, apply to the Judge of the Municipal Court of the Township of Nutley 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 chapter may exist on the premises, including one or more of the following:
(a) 
The premises require inspection according to the cycle established by the Township for periodic inspections of premises of the type involved.
(b) 
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) 
Circumstances such as age and design of fuel-burning equipment and/or system, types of incinerator, particular use of premises or other factor render systematic inspections of such building necessary in the interest of public health and safety.
(2) 
If the Judge of the Municipal Court of the Township of Nutley is satisfied as to the matter set forth in the 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.
C. 
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 are 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, if 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 if there is reason to believe a violations exists of a character which is an immediate threat to health or safety, requiring inspection and abatement without delay.
[Amended 10-3-1972 by Ord. No. 1771]
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 by 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.
This chapter is to be liberally construed to effectuate the purposes 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.