[HISTORY: Adopted by the Township Council of the Township of Hamilton as Ch. 6 of the 1994 Code of Ordinances. Amendments noted where applicable.]
Nuisances — See Ch. 317.
It is hereby declared that air pollution is a menace to the health, welfare and comfort of the residents of the Township 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 Township to minimize air pollution as defined in this chapter 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 words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- AIR CONTAMINANT
- Solid particles, liquid particles, vapors or gases which are discharged into the outdoor atmosphere.
- 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.
- Actinolite, amosite, anthophyllite, chrysotile, crocidolite or tremolite.
- 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.
- DIRECTOR OF AIR POLLUTION CONTROL and DIRECTOR
- The person who is authorized by this chapter to exercise the powers prescribed by this chapter.
- ECONOMIC POISONS
- Those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides or defoliants.
- FRIABLE MATERIAL
- 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.
- 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, garbage, trade waste, debris and scrap; or a facility for cremating human or animal remains.
- 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.
- 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.
- 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.
- MANUFACTURING PROCESS
- 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.
- MOTOR VEHICLES
- Includes all vehicles propelled otherwise than by muscular power, excepting 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.
- OPEN BURNING
- 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.
- OUTDOOR ATMOSPHERE
- Airspace outside 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 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 a joint responsibility over the portion of the premises sublet or assigned by the 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 also includes all political subdivisions of this state or any agencies or instrumentalities thereof.
- PLANT LIFE
- 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 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 State Department of Environmental Protection as the equivalent of the 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.
- SALVAGE OPERATION
- 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.
- SOLID PARTICLES
- Particles of rigid shape and definite volume.
- SOURCE OPERATION
- Any manufacturing process or any identifiable part thereof emitting an air contaminant into the outdoor atmosphere through one or more stacks or chimneys.
- STACK AND CHIMNEY
- A flue, conduit or opening designed and constructed for the purpose of emitting air contaminants into the outdoor air.
- STANDARD CONDITIONS
- Seventy degrees Fahrenheit and one atmosphere pressure (14.7 pounds per square inch absolute or 760 millimeters mercury).
- 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, paints, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste material.
- VISIBLE SMOKE
- Smoke which obscures light to a degree readily discernible by visual observation.
No person or owner of property, or person 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.
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 section shall not apply to:
Variances approved and issued by the State Department of Environmental Protection in accordance with N.J.A.C. 7:27-2.
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.
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 except as provided in this chapter.
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 200,000,000 Btu's or greater gross heat input and discharging through a stack or chimney having all internal cross sectional dimensions of 60 inches or greater.
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.
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 20% opacity, exclusive of water vapor.
The provisions of this section shall not apply 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.
Source operations issued a variance by the State Department of Environmental Protection in accordance with N.J.A.C. 7:27-6.5.
Indirect heat exchangers.
Except as provided in this section, 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 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 the name, address and telephone number of the person responsible for the day-to-day operation, and also of the person responsible for maintenance of any such equipment. Any change in the name, address or telephone number of such persons shall be reported within 10 days of the occurrence of such change to the Director.
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 in this section shall be construed as relieving any person from the requirements of the building code of the Township. Additional reports concerning these items may be requested by the Director.
The provisions of this section shall not apply to equipment designed or used for a heat input rate of not more than 1,000,000 Btu's per hour unless the equipment is designed for or actually using No. 4, No. 5 or No. 6 fuel oil or coal.
No person shall operate or permit the operation of an incinerator in the Township 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. The 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 Director of Health, Recreation, Senior and Veterans Services and shall expire on January 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, the annual fee for which shall be as set forth in Chapter 215, Fees, of the Township Code, payable to the Township.
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 equipment, pending a hearing in the Municipal Court.
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.
The provisions 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 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.
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.
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.
No person shall cause, suffer, allow or permit surface coating by spraying on any building, structure, facility or installation, or internal or external portion thereof, of asbestos or friable material containing in excess of 0.25% (by weight) asbestos.
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 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.
The Director of the Department of Health, Recreation, Senior and Veterans Services of the Township shall, in addition to his other duties, enforce and administer the provisions of this chapter and, in exercising his powers and duties under this chapter, 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.
The Director of the Department of Health, Recreation, Senior and Veterans Services, pursuant to N.J.S.A. 26:3-90, may appoint any person employed by the Township, or its successor, to administer and enforce this chapter, in addition to the powers and appointments provided for by Subsection A of this section.
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 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 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 provided in this chapter.
Search warrant or access warrant.
The Director may, upon affidavit, apply to the Judge of the Municipal Court 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 or more of the following:
That the premises require inspection according to the cycle established by the Township for periodic inspections of premises of the type involved.
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.
Circumstances such as age and design of the fuel-burning equipment 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.
If the Judge of the Municipal Court 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.
Right of entry. 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 is not available during usual business hours for inspection, if 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 if 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.
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.
This chapter is to be liberally construed to effectuate the purpose described in this chapter. Nothing in this chapter is to be construed as repealing or abridging the emergency powers of any agency of government, except to the extent expressly set forth in this chapter.