[1973 Code § 17-1.1]
This chapter shall be known and cited as the Air Pollution Control
Code of the Borough of Roseland.
[1973 Code § 17-1.2]
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 of air pollution.
[1973 Code § 17-1.3]
This code shall be liberally construed to effectuate the purpose
herein described. Nothing herein shall be construed as repealing or
abridging the emergency powers of any agency of government except
to the extent expressly set forth herein.
This chapter shall be promulgated and adopted in accordance
with N.J.S.A. 26:2C-1 to 2C-23, as amended, and nothing contained
herein or any action taken hereunder shall be interpreted as being
in conflict with the New Jersey Air Pollution Control Act or the New
Jersey Administrative Code.
[1973 Code § BH:17-2]
As used in this chapter:
Solid particles, liquid particles, vapors or gases which
are discharged into the outdoor atmosphere.
The presence in the outdoor atmosphere of one (1) 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.
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 shall be 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.
Any 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.
Any 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 or 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.
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.
The 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.
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.
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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 him.
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Any material, except uncombined water, which shall exist
in finely divided form as liquid particles or solid particles at standard
conditions.
shall include in addition to the definition set forth in
Chapter I of the Revised General Ordinances of the Borough of Roseland,
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 the Ringelmann 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 (70) degrees Fahrenheit and one atmosphere 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.
[1973 Code § BH:17-3]
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.
[1973 Code § BH:17-3.1]
a.Â
Burning Prohibited. No person shall:
b.Â
Exceptions. The provisions of this subsection shall not apply to:
1.Â
Variances approved and issued by the New Jersey Department of Environmental
Protection in accordance with N.J.A.C. 7:27-2.1, et seq.
2.Â
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.
[1973 Code § BH:17-3.2]
a.Â
No person shall:
1.Â
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 paragraph a2 of this subsection.
2.Â
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 twenty (20%) percent 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, and discharging through a stack or
chimney having all internal cross-sectional dimensions of sixty (60)
inches or greater.
b.Â
The provisions of paragraph a. of this subsection shall not apply
to:
c.Â
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.
[1973 Code § 17-3.3]
a.Â
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 twenty (20%) percent opacity, exclusive of
water vapor.
b.Â
The provisions of this section shall not apply:
1.Â
To particles the shade or appearance of which is greater than twenty
(20%) percent opacity, exclusive of water vapor, for a period of not
longer than three (3) minutes in any consecutive thirty (30) minute
period.
2.Â
To source operations issued a variance by the New Jersey Department
of Environmental Protection in accordance with Subchapter 6.5 of the
New Jersey Administrative Code.
3.Â
To indirect heat exchangers.
4.Â
To incinerators.
5.Â
For a period of five (5) 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 of June 15, 1967 to March
27, 1972.
[1973 Code § BH:17-4.1]
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
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 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 the person
responsible for 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 person or persons shall be reported within
ten (10) days of the occurrence of such change to the Director.
Such information shall be submitted to the Director within ninety
(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 Borough Code.
Additional reports concerning these items may be requested by the
Director.
The provisions of this subsection shall not apply to equipment
designed or used for a heat input rate not more than one million (1,000,000)
British Thermal Units (BTUs) per hour unless the equipment is designed
for or actually using No. 4, No. 5 or No. 6 fuel oil or coal.
[1973 Codes § BH:17-4.2]
a.Â
Permit Required; Fee. No person shall operate or permit the operation
of an incinerator in the Borough 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 the provisions of this chapter.
Such 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 Board
of Health and shall expire on December 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 for which the annual
fee shall be twenty-five ($25.00) dollars payable to the Borough.
b.Â
Hours of Operation. 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,
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.
c.Â
Notice of Nuisance Conditions. 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.
d.Â
Smoke Emission Control. 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.
The provisions of this paragraph shall not apply to smoke emitted
during the building of a new fire, the shade or appearance of which
shall not be greater than No. 2 of the Ringelmann Smoke Chart, for
a period of three (3) 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 (3) consecutive minutes.
e.Â
Ash Particles. 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.
f.Â
Odors. No person shall construct, install, use or cause to be used
any incinerator which shall result in odors being detectable by sense
of smell in any area of human use or occupancy.
[1973 Code § BH:17-4.3]
a.Â
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
in excess of 0.25 percent (by weight) asbestos.
b.Â
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 shall be 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.
The Director may waive the testing requirements of this paragraph
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 paragraph
a. of this subsection.
[1973 Code § BH:17-5.1]
The Health Officer 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 Health Department to perform duties necessary
for the enforcement of this chapter.
[1973 Code § BH:17-5.2]
Emergency inspections may be authorized without warrant if the
Director has reason to believe that a condition exists which shall
pose an immediate threat to life, health or safety. Such procedure
shall only take place where the time taken to apply for an 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 hereunder.
[1973 Code § 17-5.3]
The Director may, upon affidavit, apply to the Municipal Judge
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
(1) or more of the following:
a.Â
That the premises require inspection according to the cycle established
by the town for periodic inspections of premises of the type involved.
b.Â
That observation of external conditions of the premises including
smoke, ash, soot and odors, and its public areas has resulted in the
belief that violations of this chapter exist.
c.Â
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.
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If the Municipal Judge 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.
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[1973 Code § 17-5.4]
All buildings and premises subject to this chapter shall be
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, that inspections may be made at
other times if:
a.Â
The premises are not available during the foregoing hours for inspection.
b.Â
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.
c.Â
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.
[1973 Code § 17-6]
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 five hundred
($500.00) dollars or imprisonment for a term not to exceed ninety
(90) days, or both, for each violation. Each day that such violation
shall continue shall constitute a separate offense.
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.
