[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.]
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:
Solid particles, liquid particles, vapors or gases which
are discharged into the outdoor atmosphere.
[Added 10-3-1972 by Ord. No. 1771]
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.
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.
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]
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.
Airborne solid particles, including but not limited to fly
ash, cinders and soot.
Those chemicals used as insecticides, rodenticides, fungicides,
herbicides, nematocides or defoliants.
Particles of gasborne solid matter arising from the combustion
of solid fuel, not including process materials.[2]
Solid, liquid or gaseous materials used to produce useful
heat by burning.
[Added 10-3-1972 by Ord. No. 1771]
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.
Solid particles generated by condensation from the vapor
state, generally after volatilization from molten metals, etc.
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]
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.
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]
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]
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]
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]
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.
[Added 10-3-1972 by Ord. No. 1771]
Air space outside of buildings, stacks or exterior ducts.
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]
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 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.
Includes corporations, companies, associations, societies,
firms, partnerships, joint companies and governmental units.
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]
Rubbish, garbage, trade waste and plant life.
[Amended 10-3-1972 by Ord. No. 1771]
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]
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]
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]
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]
Particles of rigid shape and definite volume.
[Added 10-3-1972 by Ord. No. 1771]
Agglomerations of particles of carbon impregnated with "tar,"
formed in the incomplete combustion of carbonaceous material.
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]
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]
Includes smoke, cinders, soot, fly ash, dust, gases, fumes,
mists, vapors or a combination thereof.
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]
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.
Smoke which obscures light to a degree readily discernible
by visual observation.
[Added 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.
(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.
[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.
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.
