[BH Ord. 4/14/77, § 1.1]
This chapter shall be known and cited as the Air Pollution Control
Regulations of the Board of Health in the Borough of Ramsey.
[BH Ord. 4/14/77, § 1.2]
It is hereby declared that air pollution is a menace to the
health, welfare and comfort of the residents of the Borough 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 Board of Health 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.
[BH Ord. 4/14/77, § 2; BH Ord. #6 (9/14/1978)]
As used in this chapter, the following terms shall have the
meanings indicated:
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 herein.
A building or portion thereof designated or used as the residence
or sleeping place of one or more persons, including one-family, two-family,
and multiple dwellings containing not more than four dwelling units.
A building or entirely self contained portion thereof, containing
a single complete housekeeping facility not in common with any other
dwelling unit except for vestibules, entrance halls, porches or hallways.
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
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 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.
Means and 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, 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 the lessee.
Any material, except uncombined water, which exists in finely
divided form as liquid particles or solid particles at standard conditions.
Means and 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 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.
Seventy degrees Fahrenheit and one atmospheric pressure (14.7
psia or 760 mm Hg).
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.
[BH Ord. 4/14/77, § 3.1; BH Ord. #6 (9/14/1978)]
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.
The provisions of this section shall not apply to dwellings.
[BH Ord. 4/14/77, § 4.1]
No person shall cause, suffer, allow or permit a salvage operation
by open burning.
[BH Ord. 4/14/77, § 4.2]
No person shall cause, suffer, allow or permit the disposal
of rubbish, garbage or trade waste, or buildings or structures, by
open burning.
[BH Ord. 4/14/77, § 4.3]
No person shall cause, suffer, allow or permit the disposal
of any type of plant life by open burning.
[BH Ord. 4/14/77, § 4.4]
The provisions of this section shall not apply to:
a.
Variances approved and issued by the New Jersey Department of Environmental
Protection in accordance with Subchapter 2.5 of the New Jersey Administrative
Code.
b.
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.
[BH Ord. 4/14/77, § 5.1]
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 million BTU gross heat input, or discharging through
a stack or chimney having an internal cross-sectional dimension of
less than 60 inches.
[BH Ord. 4/14/77, § 5.2]
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.
[BH Ord. 4/14/77, § 5.3]
[BH Ord. 4/14/77, § 5.4]
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.
[BH Ord. 4/14/77, § 5.5]
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.
[BH Ord. 4/14/77; BH Ord. #6 9/14/1978]
The provisions of this section shall not apply to dwellings.
[BH Ord. 4/14/77, § 6.1]
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.
[BH Ord. 4/14/77, § 6.2; BH Ord. #6 § 6.3]
The provisions of this section shall not apply:
a.
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;
b.
To source operations issued a variance by the New Jersey Department
of Environmental Protection in accordance with Subchapter 7.5 of the
New Jersey Administrative Code;
c.
To indirect heat exchangers;
d.
To incinerators;
e.
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.
f.
The provisions of this section shall not apply to dwellings.
[BH Ord. 4/14/77, § 7.1]
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 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.
[BH Ord. 4/14/77, § 7.2]
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.
Additional reports concerning these items may be requested by the
Director.
[BH Ord. 4/14/77, § 7.3]
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) per hour unless the equipment is designed for
or actually using No. 5 or No. 6 fuel oil or coal.
[BH Ord. #6 § 7.4]
The provisions of this section shall not apply to dwellings.
[BH Ord. 4/14/77, § 8.1]
No person shall operate or permit the operation of an incinerator
in the Borough before 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 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.
[BH Ord. 4/14/77, § 8.2]
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.
[BH Ord. 4/14/77, § 8.3]
No person shall cause, suffer, allow or permit smoke from any
incinerator the shade or appearance of which is darker than No. 1
of 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.
[BH Ord. 4/14/77, § 8.4]
The provisions of Subsection BH:4-8.3 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.
[BH Ord. 4/14/77, § 8.5]
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.
[BH Ord. 4/14/77, § 8.6]
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.
[BH Ord. #6 § 8.7]
The provisions of this subsection shall not apply to dwellings.
[BH Ord. 4/14/77, § 9.1]
The Health Officer of the Ramsey Board of Health 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 Ramsey Health
Department to perform duties necessary for the enforcement of this
chapter.
[BH Ord. 4/14/77, § 9.2]
The Board of Health, pursuant to N.J.S.A. 26:3-90, may appoint
any person employed by the Borough or its successor, to administer
and enforce this chapter in addition to the powers and appointments
provided by Subsection 4-9.1 hereof.
[BH Ord. 4/14/77, § 10.3]
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.
[BH Ord. 4/14/77, § 10.4]
The Director may, upon affidavit, apply to the Judge of the
Borough of Ramsey 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 the Chapter may exist on the
premises, including one or more of the following:
a.
That the premises require inspection according to the cycle established
by the Borough for periodic inspections of premises of the type involved;
b.
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;
c.
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.
|
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.
|
[BH Ord. 4/14/77, § 10.5]
All buildings and premises subject to this chapter are subject
to inspection 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 (a) the premises are not available during the foregoing hours
for inspection; (b) 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 (c) 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.
[BH Ord. 4/14/77, § 11]
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 $500 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.
[BH Ord. 4/14/77, § 12.1]
This chapter 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.
[BH Ord. 4/14/77, § 12.2]
If any section, subsection, paragraph, sentence, clause, phrase,
or word contained in this chapter shall be declared invalid for any
reason whatsoever, such decision shall not affect the remaining portions
of this chapter which shall remain in full force and effect.
[BH Ord. 4/14/77, § 12.3]
This chapter is promulgated and adopted in accordance with Section
26:2C-8 of P.L. 1954, C. 212 (Title 26:2C-1 to 2C-23), amended by
P.L. 1962, C. 215; P.L. 1967, C. 105; and P.L. 1967, C. 106; and nothing
contained herein or 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.
