[HISTORY: Adopted by the Board of Commissioners (now City
Council) of the City of Atlantic City 9-15-1977 by Ord. No. 46-1977. Amendments noted where applicable.]
A.
Title. This chapter shall be known and cited as the "Air Pollution
Control Code of the City of Atlantic City."
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 City of Atlantic City 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 City of Atlantic City
to minimize air pollution as herein defined 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.
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.
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 chapter.
Those chemicals used as insecticides, rodenticides, fungicides,
herbicides, nematocides or defoliants.
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 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
scraps; 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.
Particles which have volume but are not of rigid shape and
which, upon collection, tend to coalesce and create uniform homogeneous
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, 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 emitted 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 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.
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
or more stacks or chimneys.
A flue, conduit or opening designed and constructed for the
purpose of emitting air contaminants into the outdoor air.
Shall be 70° F. and one atmosphere pressure [14.7 pounds
per square inch gauge or 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 visual observation.
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.
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.
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 Subchapter 2.5 of the New Jersey Administrative
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.
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 having a rated hourly capacity of less than
200,000 Btu's 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 two 200,000
Btu's or greater gross heat input, or discharging through a stack
or chimney having an internal cross-sectional dimension of 60 inches
or greater.
D.
The provisions of this section shall not apply to direct heat exchangers
or manufacturing processes, or any motor vehicle while operating on
the public highways.
E.
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 200% opacity, exclusive of water vapor.
B.
The provisions of this section shall not apply:
(1)
To particles the shade or appearance of which is greater than 20%
opacity, exclusive of water vapor, for a period of not longer than
three-minutes in any consecutive thirty-minute period.
(2)
To 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)
To indirect heat exchangers.
(4)
To incinerators.
(5)
For a period of five years from the date of issuance of a valid permanent
certificate to operate to a source operation equipped with control
apparatus for which a valid permit to construct or the permanent certificate
to operate was issued by the New Jersey Department of Environmental
Protection during the period June 15, 1967, to March 27, 1972.
A.
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 the 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 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 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 City
of Atlantic City.[1] Additional reports concerning these items may be requested
by the Director.
[1]
Editor's Note: Construction Codes, Uniform.
A.
No person shall operate or permit the operation of an incinerator
in the City of Atlantic City without a permit issued by the Director
in accordance with this chapter. 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 City of Atlantic City
and shall expire one year after 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 City of Atlantic City.
B.
No personnel shall operate or permit the operation of an incinerator
in the City of Atlantic City before 9:00 a.m. or after 5:00 p.m.,
and all operations 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 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 of persons in the vicinity.
C.
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 operation 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.
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 of the Ringelmann Smoke Chart.
E.
The provisions of Subsection D 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 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 of the Ringelmann Smoke Chart for a period no greater than three consecutive minutes.
F.
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.
G.
No person shall construct, install, use or cause to be used any incinerator
which will result in odors being detectable by the sense of smell
in any area of human use or occupancy.
A.
The Health Officer of the City of Atlantic City 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 City of
Atlantic City 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 premises, such person shall be
in violation of this chapter and subject to the penalties hereunder.
A.
The Director may, upon affidavit, apply to the Judge of the City
of Atlantic City 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 on the premises,
including one or more of the following:
(1)
The premises require inspection according to the cycle established
by the city for periodic inspections of premises of the type involved.
(2)
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.
(3)
Circumstances exist, such as age and design of fuel-burning equipment
and/or system, type 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 City of Atlantic City is satisfied as to the
matter set forth in the 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.
[Amended 11-25-2008 by Ord. No. 104]
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 $2,000 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.
