[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerdale 5-11-1983 by Ord. No. 83:04. Amendments noted where
applicable.]
A.
It is hereby declared that air pollution is a menace to the health,
welfare and comfort of the residents of the Borough of Somerdale and
a cause of substantial damage to property.
B.
For the purpose of preventing and reducing atmospheric pollution,
it is hereby declared to be the policy of the Borough of Somerdale
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 code, 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.
Actinolite, amosite, anthophyllite, chrysolite, crocidolite
or tremolite.
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 code.
Those chemicals used as insecticides, rodenticides, fungicides,
herbicides, nematocides or defoliants.
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, rubbish, garbage, trade waste, debris or
scrap; 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 homogenous
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, 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.
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 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 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, rags, 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.
Seventy degrees F. and one atmosphere pressure (14.7 pounds
per square inch absolute or 760 millimeters of 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.
Prohibitions.
(1)
No person shall cause, suffer, allow or permit a salvage operation
by open burning.
(2)
No person shall cause, suffer, allow or permit the disposal of rubbish,
garbage or trade waste or buildings or structures by open burning.
(3)
No person shall cause, suffer, allow or permit the disposal of any
type of plant life by open burning.
B.
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 N.J.A.C. 7:27-2.
(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 a combustion of fuel in any stationary indirect heat exchanger, except as provided in Subsection B hereof.
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 200,000,000
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.
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, the shade
or appearance of which is greater than 20% opacity, exclusive of water
vapor, to be emitted from any stack or chimney into the outdoor air.
B.
The provisions of this section shall not apply to:
(1)
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)
Source operations issued a variance by the New Jersey Department
of Environmental Protection in accordance with N.J.A.C. 7:27-6.5.
(3)
Indirect heat exchangers.
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 fuel burned, quantity of fuel burned per hour and/or year, description
of combustion equipment, usual period of operation, height and size
of outlet and 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 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 Borough
of Somerdale. Additional reports concerning these items may be requested
by the Director.
C.
The provisions of this section shall not apply to equipment designed
or used for a heat input rate not more than 1,000,000 British thermal
units (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 Borough of Somerdale.
A.
No person shall cause, suffer, allow or permit surface coating by
spraying on any building, structure, facility, installation or internal
or external portion thereof asbestos or friable material containing
zero and 0.25% by weight of asbestos.
B.
Tests.
(1)
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 and/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.
(2)
The Director may waive the testing requirements of Subsection B(1) of this section upon receipt of a materials-specification report from the material manufacturer certifying that the asbestos content of the surface coating for which testing is required complies with the provisions of Subsection A hereof.
A.
The Health Officer of the Borough of Somerdale shall, in addition
to this code and in exercising his powers and duties hereunder, be
known as the "Director of Air Pollution Control."
B.
The Director may appoint or designate other employees or officers
of the Borough of Somerdale to perform duties necessary for the enforcement
of this code.
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 code and subject to the penalties hereunder.
A.
The Director may, upon affidavit, apply to the Judge of the Borough
of Somerdale for a search warrant setting forth factually the actual
conditions and circumstances that provide a reasonable basis for believing
that a 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 town for periodic inspections of premises of the type involved.
(2)
That observation of external conditions (smoke, ash, soot and 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 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 Borough of Somerdale is satisfied as to the matter
set forth in 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 code 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 is used for nonresidential
purposes; provided, however, that inspections may be made at other
times if:
(1)
The premises is not available during the foregoing hours for inspection.
(2)
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.
(3)
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.
[Amended 9-12-1990 by Ord. No. 90:09]
A.
This code is to be liberally construed to effectuate the purpose
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.
B.
This chapter is promulgated and adopted in accordance with Section
26:2C-8 of P.L. 1954, c. 212 (N.J.S.A. 26:2C-1 to 2C-23), as amended
by P.L. 1962, c. 215; P.L. 1967, c. 105; and P.L. 1967, c. 106; and
nothing contained herein nor any action taken hereunder is to be interpreted
as being in conflict with the New Jersey Air Pollution Control Act
and the New Jersey Administrative Code.
