[Ord. 4/10/69, S1]
As used in this chapter:
Air pollution shall mean the presence in the outdoor atmosphere of one or more air contaminants in such quantities and of such 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 throughout the borough and in such territories of the State as shall be affected thereby and excludes all aspects of employer-employee relationship as to health and safety hazards.
Dense smoke shall mean that smoke which has a density of No. 2 or greater as established by the Ringelmann Chart, hereinafter referred to and adopted.
Ringelmann Chart shall mean that standard published by the United States Bureau of Mines to determine the density of smoke, as hereinafter set forth in full as Appendix A to this chapter.
Bureau shall mean the bureau of smoke abatement of the borough, herein created.
Superintendent shall mean the superintendent of smoke abatement of the borough, the office of which is herein created.
Board shall mean the board of appeals herein created.
Person, firm or corporation shall mean any individual, partnerships, firms associations, companies, corporations, syndicates, or other group or groups of organized or unorganized individuals who may employ, own, use, or operate any fuel-consuming device.
[Ord. 4/10/69, S2]
The production or emission within the borough of smoke, fly ash, or fumes, the shade of which is equal to or greater than No. 2 of the Ringelmann Chart, or which is so dense as to prevent seeing through it at the point of emission into the external air, from any stack or open fire, except that of a locomotive or steamboat, for a period or for periods aggregating two (2) minutes or more in any period of fifteen (15) minutes, and the emission of such smoke, fly ash, or fumes from any locomotive or steamboat for a period or periods aggregating thirty (30) seconds or more in any period of three (3) minutes, is hereby prohibited.
The emission of such dense smoke is declared to be public nuisance and may be summarily abated by the superintendent, or by anyone he may designate for such purposes, provided, however, that this section shall not be applicable to the circumstances set forth in section 17-3.
[Ord. 4/10/69, S3]
The provisions of section 17-2 shall not be applicable:
When a fire box, furnace, boiler, locomotive or other fuel consuming device is being cleaned out and a new fire is being built therein, in which event smoke of a density greater than that described as No. 2 but not greater than No. 3 of the Ringelmann Chart shall be permitted for the single period of not to exceed three (3) minutes in the single period of fifteen (15) consecutive minutes, in which the new fire is being built.
[Ord. 4/10/69, S4]
For the purpose of enforcement of this chapter, there is hereby created the bureau of smoke abatement within the department of health of the borough, which shall be under the direction of a superintendent of smoke abatement, who shall be appointed for a period of one (1) year by the mayor and confirmed by the council. All of the employees of the bureau shall be appointed in accordance with the provisions of existing law and civil service regulations.
[Ord. 4/10/69, S5]
The superintendent shall be in complete charge of the bureau and shall have the duty of enforcing all provisions of this chapter. He shall be an engineer by profession, and shall be a graduate of a recognized university or college and shall be thoroughly familiar with the theory and practice of the construction and operation of furnaces and combustion devices, or in the theory of smoke prevention and control, and shall be qualified by education or experience to cooperate with civic organizations interested in the smoke prevention campaign.
[Ord. 4/10/69, S6]
The duties of the superintendent shall be:
To investigate all complaints of violations of this chapter, and to institute necessary proceedings in case of violations.
To investigate and made recommendations to the borough council with respect to needed revisions in this chapter or any other regulations pertaining to smoke control and air pollution.
To make yearly inspections of all fuel consuming devices within the borough, except those 1) located in one (1) and two (2) family dwellings and 2) designed as cabinet heating units containing warm air furnaces and commonly installed at the ceiling of one (1) story commercial and/or industrial buildings.
To prepare and disseminate appropriate educational and informative literature to the public for the purpose of advising them of the purposes and necessity for the smoke abatement campaign.
To cooperate fully with the civic or other organizations which may be or become interested in the smoke abatement campaign.
To prepare and promulgate such rules and regulations as may be deemed necessary for the enforcement of this chapter. These rules and regulations shall be subject to the approval of the New Jersey State Department of Health and of the borough council. Copies of the Ringelmann Chart shall be made available to the public without charge.
To issue all permits required under the terms of this chapter, except for those installations for which the New Jersey State Department of Health issues the permits; and to notify all parties concerned of any decision he may render and to provide such parties with an opportunity to have a full hearing as herein set forth in section 17-9.
To solicit, when necessary, the assistance of the New Jersey State Department of Health in the control and prohibition of air pollution and to cooperate with the department in enforcing its established "Air Pollution Control Code" in the borough.
To issue all permits for and make all inspections of installations of oil burning equipment and gasoline and kerosene storage tanks except those for which the New Jersey State Department of Health issues the permits. Such permits issued by the superintendent shall be as required in the prepared rules and regulations governing this work and also in accordance with the published standards of the National Board of Fire Underwriters as recommended by the National Fire Protection Association.
To do any and all other acts which may be necessary for the successful prosecution of the purposes of this chapter, and such other acts as may be specifically enumerated therein as his duties.
The superintendent may make, alter, amend or rescind, with the advise and approval of the New Jersey State Department of Health and of the borough council, such rules and regulations as are deemed advisable, which will be made effective thirty (30) days after their publication.
[Ord. 4/10/69, S7]
No new fuel burning plants nor reconstruction, addition or alteration to any existing fuel burning plants for producing power and heat, or either of them, nor refuse burning equipment, nor any stack or furnace connected with such fuel or refuse burning equipment shall be installed, erected, reconstructed, added to or altered in the borough until a permit and certificate have been obtained from the New Jersey State Department of Health.
[Ord. 4/10/69, S8]
It shall be the duty of the superintendent to make an annual inspection of each fuel consuming device in operation within the borough (except those outlined in section 17-6c); to which this chapter applies and to issue a certificate of inspection to the owner of each such device so inspected providing that it meets the standards established in this chapter. Such certificates shall be authorized for the continued operation of fuel consuming devices. Failure to possess a proper certificate of inspection shall be considered to be a violation of this chapter, provided, however, that all fuel consuming devices not inspected at the time of the passage of this chapter are authorized to continue in operation until such time as the superintendent may make his annual inspection of such devices.
For purposes of such inspection, premises shall be opened by the owner or his representative to the superintendent or his duly appointed representative.
[Ord. 4/10/69, S9]
Any person aggrieved by any ruling rendered by the superintendent shall have the right to require the superintendent to conduct a full and complete hearing prior to actual and final decision. Such hearing shall afford the person aggrieved with a full opportunity to present any evidence which he may desire to support his position. It shall be the duty of the superintendent to promptly notify all parties concerned of his ruling in such hearings.
[Ord. 4/10/69, S10]
The mayor of the borough shall appoint a board of appeals to be composed of at least three (3) members who will serve as a body to which appeals may be made from the decisions of the superintendent. The members of this board shall serve for a period of one (1), two (2) and three (3) years respectively when first appointed and thereafter each appointment shall be for a period of three years; without remuneration. They shall be citizens and taxpayers of the borough, and shall not have any interest in the sale or control of any smoke abatement equipment or apparatus which might be used effectively to reduce the emission of dense smoke. The board of appeals may prepare such rules and regulations as may be deemed necessary for them in the discharge of their duties. They shall decide all appeals properly before them, and shall either affirm, modify or overrule the decision of the superintendent which they may be called upon to review. On all appeals taken to the board, appropriate hearings shall be held after due notice thereof to the parties concerned. All pertinent papers in the files of the bureau shall be made available to the board in each case.
[Ord. 4/10/69, S11]
Any person, firm or corporation interfering in any manner or impeding the performance of duty of the superintendent shall be deemed guilty of a violation and shall be subject to the penalties herein provided for the violation of the provisions of this chapter. This section shall likewise apply to the performance of duty of those employees and representatives of the superintendent.
[Ord. 4/10/69, S12]
Whenever it has been adequately demonstrated to the superintendent that compliance with the terms of this chapter cannot be effectively and immediately made, the superintendent shall have the authority to grant a temporary permit for the continued operation of such noncomplying equipment, but only in the event that the party has taken all necessary steps to secure compliance with the chapter. Such temporary permit shall be issued for not longer a period than six (6) months, at the expiration of which period of time, the party holding such permit shall be deemed to be in violation of the provisions of this chapter. The fees established in section 17-14 shall not be applicable to the permits required in this section.
The aforesaid conditions shall apply only if no violations of the New Jersey Air Pollution Control Code are involved.
[Ord. 4/10/69, S13]
The standard by which the density of smoke is to be measured will be the Ringelmann Chart, published by the United States Bureau of Mines. This chart appears in Appendix A to the chapter.
Use of the chart will be made by placing it at such distance from the observer so that the squares appear as even shades of coloring, or when no white spaces between the lines are visible. Comparison of smoke under observation with the various shades of the chart will then indicate the density of the smoke. Observation distances shall not be less than one hundred (100) feet nor more than one quarter (1/4) mile from the smoke observed.
[Ord. 4/10/69, S14]
The fees to be charged by the superintendent for the various permits required herein shall be ten ($10.00) dollars for each piece of fuel consuming equipment involved. The annual inspection fee shall be six ($6.00) dollars for each set of equipment.
[Ord. 4/10/69, S15]
Any person, firm or corporation convicted of a violation of the provisions of this chapter shall be liable to the penalty established in Chapter III, section 3-1. Offenses on separate days shall be deemed to be separate offenses for the purposes of this chapter. Any abatement hereinbefore provided for shall be in addition to any penalties prescribed in this section.