This chapter shall be known, and may be cited, as the Air Pollution
Control Code of the Borough of Little Silver.
It is hereby declared that pollution of the atmosphere by smoke,
cinders, soot, fly ash, gases fumes, vapors, odors, dust and other
contaminants is a menace to the health, welfare, and comfort of the
residents of Little Silver and a cause of substantial damage to property.
For the purpose of controlling 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 prohibit excessive emission of
the same, to establish standards governing the installation, maintenance,
and operation of equipment and appurtenances relating to combustion
which are a source or potential source of air pollution, and in furtherance
of this purpose to cooperate and coordinate these efforts with the
State Department of Health Air Pollution Control Program.
The following terms as used in this chapter shall have the respective
meanings assigned to them unless a different meaning clearly appears
from the context.
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, to animal or plant life, or to property,
or would unreasonably interfere with the enjoyment of life or property
throughout the borough as shall be affected thereby, but excluding
all aspects of employer-employee relationship as to health and safety
hazards.
Those chemicals used as insecticides, rodenticides, fungicides,
herbicides, nematocides, or defoliants.
Any furnace, boiler, water heater, device, mechanism, stoker,
burner, stack, oven, stove, kiln, still, or other apparatus, or a
group or collections of such units in the process of fuel burning
for the generation of heat or power. Refuse burning equipment shall
be considered incinerators as herein defined and not as fuel burning
equipment. Ovens, stoves, or ranges used exclusively for domestic
cooking purposes are not included herein.
Any device, apparatus, equipment, or structure used for destroying,
reducing, or salvaging by fire and material or substance, including
but not limited to refuse, rubbish, garbage, debris, or scrap or facilities
for cremating human or animal remains.
A property of a substance which affects the sense of smell.
Any fire wherein the products of combustion are emitted into
the open air and are not directed thereto through a stack or chimney.
Any person who has care, custody, or control of a building or
premises, or portion thereof, whether with or without knowledge of
the owner thereof.
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 who shall have charge, care, or control
of any premises or part thereof including but not limited to a dwelling
or dwelling unit, as owner or agent of the owner, or as a fiduciary,
including but not limited to: executor, administrator, trustee, receiver,
guardian, or as a mortgagee in possession regardless of how such possession
was obtained. Any person who is a lessee or sublessee of all or any
part of any premises, including but not limited to a dwelling or dwelling
unit, shall be deemed to be a co-owner with the lessor and shall have
joint responsibility with the owner over the premises or portion thereof
so leased or subleased.
All putrescible and nonputrescible wastes (except body wastes),
shall include but not be limited to garbage, rubbish, yard trimmings,
leaves, ashes, street cleanings, dead animals, abandoned automobiles,
and solid market and industrial wastes.
Ringelmann's Scale for Grading the Density of Smoke, published
by the United States Bureau of Mines, or any chart, recorder, indicator,
or device for the measurement of smoke density which is approved by
the State Department of Health of the State of New Jersey, as the
equivalent of the Ringelmann's Scale.
Solids not considered to be highly flammable or explosive, and
shall include but not be limited to rags, old clothes, leather, rubber,
carpets, wood, excelsior, paper, ashes, tree branches, yard trimmings,
furniture, tin cans, glass, crockery, masonry, and other similar materials.
Any business, trade, or industry engaged in whole or in part
in salvaging or reclaiming any product or material, including but
not limited to metals, chemicals, shipping containers, or drums.
Small gasborne and airborne particles arising from a process
of combustion in sufficient number to be observable.
All solid or liquid material or rubbish resulting from construction
building operations, or the prosecution of any business, trade, or
industry, and shall include but not be limited to plastic products,
cartons, paint, grease, oil and other petroleum products, chemicals,
cinders and other forms of solid or liquid waste materials.
No person shall cause, suffer, allow, or permit, open burning
of refuse or plant life nor conduct a salvage operation by open burning,
except as provided below and except by special permit of the board
of health.
The open burning of trade waste is not prohibited where no other
known method of disposal can be used without hazard to health or property
and the required affidavit has been filed with and approved by the
Commissioner of the New Jersey State Department of Health in accordance
with Chapter II, Section 1.4 of the New Jersey Air Pollution Control
Code.
No person shall cause, suffer, allow or permit, smoke from any
fuelburning equipment, the shade or appearance of which is darker
than No. 1 of the Ringelmann Smoke Chart, to be emitted into the open
air.
The provisions of this section shall not apply to smoke emitted
during the cleaning of a fire box or the building of a new fire, the
shade or appearance of which is not darker than No. 2 of the Ringelmann
Smoke Chart, for a period or periods aggregating no more than three
minutes in any 15 consecutive minutes.
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 subsection BH:7-5.1 shall not apply to smoke
emitted during the building of a new fire, the shade or appearance
of which is not darker than No. 2 of the Ringelmann Smoke Chart, for
a period of no longer than three consecutive minutes; or to 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 which is not
greater than the emissions designated as No. 2 of the Ringelmann Smoke
Chart, for a period no longer than three consecutive minutes.
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.
No person shall construct, install, use or cause to be used,
any incinerator which will result in odors being detectible by sense
of smell in any area of human use or occupancy.
No person shall operate, and no owner or operator of any building
in the borough shall permit the operation of an incinerator prior
to 7:00 a.m. or after 5:00 p.m. of any day and all operation shall
be completely terminated by 5:00 p.m. of any day including complete
extinction of the fire and removal of material in a safe manner from
the firebox to a noncombustible container; provided that by special
permit, the board of health may, because of exceptional circumstances,
permit different hours of operation under such conditions as it shall
deem necessary for the health, safety and welfare of the public or
persons in the vicinity.
No person or owner of property, and no person having possession
or control of property, 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.
All buildings and premises subject to this code are subject
to inspection from time to time by the health officer 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
the premises are not available during the foregoing hours for inspection;
or there is reason to believe that violations are occurring on the
premises which can only be apprehended and proved by inspection during
other than the prescribed hours; or 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.
Emergency inspections may be authorized without warrant if the
health officer has reason to believe that a condition exists which
poses an immediate threat to life, health, or safety. Such procedure
shall take place only where the time required to apply for and 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 R.S. 26:2C-32. Where the health officer or his duly
authorized representative 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.
The health officer may upon affidavit, apply to the judge of
the municipal court of the borough for a search warrant setting forth
factually the actual conditions and circumstances that provide a reasonable
basis for believing that a nuisance or violation of the code 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 health officer for periodic inspections of premises of the
type involved.
b. That observation of external conditions (for example, smoke, ash,
soot, odors) of the premises and its public areas has resulted in
the belief that violations of this code exist.
c. Circumstances such as age and design of fuel burning equipment or
system, types of incinerator, particular use of premises or other
factor which renders systematic inspections of such buildings necessary
in the interest of public health and safety.
If the judge of the municipal court of the borough is satisfied
as to the matters 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.