[1973 Code § 93-1]
It is hereby declared that air pollution is a menace to the
health, welfare and comfort of the residents of the Borough of Rockleigh
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 Borough 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 or potential source of air pollution. This chapter
shall be known and cited as the "Air Pollution Control Code of the
Borough of Rockleigh."
[1973 Code § 93-2]
As used in this chapter:
AIR CONTAMINANT
Shall mean solid particles, liquid particles, vapors or gases
which are discharged into the outdoor atmosphere.
AIR POLLUTION
Shall mean 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.
ASBESTOS
Shall mean actinolite, amosite, anthophyllite chrysotile,
crocidolite or tremolite.
DIRECT HEAT EXCHANGER
Shall mean 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.
ECONOMIC POISONS
Shall mean those chemicals used as insecticides, rodenticides,
fungicides, herbicides, nematocides or defoliants.
FRIABLE MATERIAL
Shall mean any material which can be crumbled, pulverized
or reduced to powder by hand pressure.
FUEL
Shall mean solid, liquid or gaseous materials used to produce
useful heat by burning.
GARBAGE
Shall mean waste, animal matter or vegetable matter from
houses, kitchens, restaurants, hotels, produce markets or any other
source, or food of any kind to be thrown away.
INCINERATOR
Shall mean 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.
INDIRECT HEAT EXCHANGER
Shall mean equipment in which heat from the combustion of
fuel is transferred by conduction through a heat-conditioning material
to a substance being heated so that the latter is not contacted by
and adds nothing to the products of combustion.
INTERNAL CROSS-SECTIONAL DIMENSION
Shall mean any maximum linear perpendicular distance from
an inside wall of 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.
LIQUID PARTICLES
Shall mean 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.
MANUFACTURING PROCESS
Shall mean 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.
MOTOR VEHICLES
Shall mean and include all vehicles propelled otherwise than
by muscular power, except such vehicles as run only upon rails or
tracks.
ODORS
Shall mean the property of a substance which affects the
sense of smell.
OPACITY
Shall mean 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.
OPEN BURNING
Shall mean 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.
OPERATOR
Shall mean 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 thereof.
OWNER
Shall mean 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 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
mortgagee in possession regardless of how such possession was obtained.
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 the lessee.
PARTICLES
Shall mean any material, except uncombined water, which exists
in finely divided form as liquid particles or solid particles at standard
conditions.
PERSON
Shall mean and include corporations, companies, associations,
societies, firms, partnerships, and joint-stock companies as well
as individuals and shall also include all political subdivisions of
this State or any agencies or instrumentalities thereof.
PLANT LIFE
Shall mean vegetation, including but not limited to trees,
tree branches, leaves, yard trimmings, shrubbery, grass, weeds and
crops.
REFUSE
Shall mean rubbish, garbage, trade waste and plant life.
RINGELMANN SMOKE CHART
Shall mean 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.
RUBBISH
Shall mean 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.
SALVAGE OPERATION
Shall mean any operation or activity from which is salvaged
or reclaimed any product or material, including but not limited to
metals, chemicals or shipping containers.
SMOKE
Shall mean small gasborne or airborne particles, exclusive
of water vapor, arising from a process of combustion in sufficient
number to be observable.
SOURCE OPERATION
Shall mean any manufacturing process or any identifiable
part thereof emitting an air contaminant into the outdoor atmosphere
through one (1) or more stacks or chimneys.
STACK OR CHIMNEY
Shall mean a flue, conduit or opening designed and constructed
for the purpose of emitting air contaminants into the outdoor air.
STANDARD CONDITIONS
Shall mean seventy degrees Fahrenheit (70°F.) and one
(1) atmosphere pressure (fourteen and seven-tenths (14.7) pounds per
square inch absolute or seven hundred sixty (760) millimeters of mercury).
TRADE WASTE
Shall mean all solid or liquid waste 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.
VISIBLE SMOKE
Shall mean smoke which obscures light to a degree readily
discernible by visual observation.
[1973 Code § 93-3]
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.