[1980 Code § 117-57]
It is hereby declared that air pollution is a menace to the
health, welfare and comfort of the residents of the Town of Morristown
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 Town of Morristown to minimize air pollution
as herein defined and to establish standards governing the installation,
maintenance and operation of the equipment and appurtenances relating
to combustion, which is a source or potential source of air pollution.
[1980 Code § 117-58]
As used in this article:
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.
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.
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.
Air space outside buildings, stacks or exterior ducts.
Vegetation, including but not limited to trees, tree branches,
leaves, yard trimmings, shrubbery, grass, weeds and crops.
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.
Small gasborne or airborne particles, exclusive of water
vapor, arising from a process of combustion in sufficient number to
be observable.
[1980 Code § 117-59]
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.
[1980 Code § 117-60; Ord. No. O-2-08]
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 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.
3.
Barbecuing.
[1980 Code § 117-61; Ord. No. O-2-08]
a.
No person shall cause, suffer, allow or permit visible smoke to be
emitted into the outdoor air from combustion of fuel in a stationary,
indirect heat exchange, except as provided in Paragraph b below.
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
BTUs or greater gross heat input and discharging through a stack or
chimney having all internal cross-sectional dimensions of 60 inches
or greater.
c.
Ventilation systems.
1.
All newly constructed ventilations systems must extend a minimum
of 12 inches over the height of a building.
2.
Ventilation systems must operate in a manner to minimize odors so
as not to cause a nuisance.
3.
Ventilations systems shall not permit visible smoke of 20% or greater
for more than three minutes in any twenty-four-hour period.
[1980 Code § 117-62]
a.
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.
b.
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 nor 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.
c.
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.
d.
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.
[1980 Code § 117-63]
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.
