The Board hereby adopts all provisions of the State of New Jersey code covering air pollution as set forth in N.J.S.A. 26:2C-1 et seq., and N.J.A.C. 7:27-1.1 et seq.
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 which are regulated by the federal government or the State of New Jersey.
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 except as provided in this section.
B.
No person shall cause, suffer, allow or permit smoke the shade or appearance of which is darker than No. 1 on the Ringlemann 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 or greater gross heat input, and discharging through a stack or chimney having all internal cross-sectional dimensions of 60 inches or greater.
C.
The provisions of this section shall not apply to smoke which is visible for a period of not longer than three minutes in any consecutive thirty-minute period.
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 highway.
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 and 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 20% 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 N.J.A.C. 7:27-6.5.
(3)
To indirect heat exchangers.
(4)
To incinerators.
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 Health Officer information for each stack or chimney relating to place, type of fuel burned, heat content in fuel burned, quantity of fuel burned per hour and year or per hour or per year, description of combustion equipment, usual period of operation, height and size of outlet and description of air pollution control equipment and such other pertinent information as may be requested on forms provided for that purpose by the Health Officer. 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 Health Officer.
B.
Such information shall be submitted to the Health Officer 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 Demarest.[1] Additional reports concerning these items may be requested by the Health Officer.
C.
The provisions of this section shall not apply to equipment designed or used for heat input rate of not more than 1,000,000 British thermal units (Btu) per hour unless the equipment is designed for or actually using No. 4, 5 or 6 fuel oil or coal.
A.
No person shall operate or permit the operation of an incinerator in the Borough of Demarest without securing the necessary permits and operating certificates from the State Department of Environmental Protection.
B.
No person shall operate or permit the operation of an incinerator in the Borough of Demarest 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 Health Officer 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 operator fails upon written or oral notice to take immediate corrective measures, the Health Officer 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 of the Ringlemann 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 Ringlemann Smoke Chart.
E.
The provisions of § 189-103D 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 Ringlemann Smoke Chart for a period of three consecutive minutes or emissions of such opacity within a stack or chimney to a degree greater than the emission designated as No. 2 of the Ringlemann Smoke Chart, for a period no greater than three consecutive minutes.
F.
No person shall cause, suffer, allow or permit the emission from any incinerator of particles of unburned waste or ash 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 sense of smell in any area of human use or occupancy.