[Ord. #35, S 1:1]
This chapter shall be known and cited as the Air Pollution Control
Code of the Township of Montgomery.
[Ord. #85, S 1:2]
It is hereby declared that air pollution is a menace to the
health, welfare and comfort of the residents of the Township of Montgomery
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 Township of Montgomery 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.
[Ord. #35, S 2]
The following terms wherever used herein or referred to in this
Code shall have the respective meanings assigned to them unless a
different meaning clearly appears from the context.
Shall mean solid particles, liquid particles, vapors or gases
which are discharged into the outdoor atmosphere.
Shall mean 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.
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.
Shall mean the person or persons who are authorized by this
chapter to exercise the powers prescribed by this Code.
Shall mean those chemicals used as insecticides, rodenticides,
fungicides, herbicides, nematocides, or defoliants.
Shall mean solid, liquid or gaseous materials used to produce
useful heat by burning.
Shall mean animal waste or vegetable matter from houses,
kitchens, restaurants, hotels, produce markets or any other source,
or food of any kind to be discarded or abandoned.
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, garbage, rubbish, trade
waste, debris or scrap; or a facility for cremating human or animal
remains.
Shall mean equipment on 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.
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.
Shall mean particles which have volume but are not of rigid
shape and which, upon collection, tend to coalesce and create uniform
homogeneous films upon the surface of the collecting media.
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.
Shall mean and include all vehicles propelled otherwise than
by muscular power excepting such vehicle as run only upon rails or
tracks.
Shall mean the property of a substance which affects the
sense of smell.
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.
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.
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.
Shall mean air space outside of buildings, stacks or exterior
ducts.
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, care 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. Any person who is a lessee subletting or
reassigning any part or all of any dwelling unit shall be deemed to
be a co-owner with the lessor and shall have joint responsibility
over the portion of the premises sublet or assigned by said lessee.
Shall mean any material, except uncombined water, which exists
in finely divided form as liquid particles or solid particles at standard
conditions.
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.
Shall mean vegetation including but not limited to trees,
tree branches, leaves, yard trimmings, shrubbery, grass, weeds and
crops.
Shall mean rubbish, garbage, trade waste and plant life.
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.
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.
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.
Shall mean small gasborne or airborne particles, exclusive
of water vapor, arising from a process of combustion in sufficient
number to be observable.
Shall mean particles of rigid shape and definite volume.
Shall mean any manufacturing process or any identifiable
part thereof emitting an air contaminant into the outdoor atmosphere
through one or more stacks or chimneys.
Shall mean a flue, conduit or opening designed and constructed
for the purpose of emitting air contaminants into the outdoor air.
Shall be 70° F. and one atmosphere pressure (14.7 psia
or 760 mm Hg).
Shall mean 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.
Shall mean smoke which obscures light to a degree readily
discernible by visual observation.
[Ord. #35, S 3]
No person or owner of property, or person having possession
or control thereof, shall cause, 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.
[Ord. #35, S 4]
a.
No person shall cause or permit a salvage operation by open burning.
b.
No person shall cause or permit the disposal of rubbish, garbage
or trade waste, or buildings or structures, by open burning.
c.
No person shall cause 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 Chapter 2, Section 5 of the New Jersey Air Pollution Control Code.
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.
[Ord. #35, S 5]
a.
No person shall cause or permit visible smoke to be emitted into
the outdoor air from combustion of fuel in any stationary indirect
heat exchanger having a rated hourly capacity of less than 200 million
BTU gross heat input, or discharging through a stack or chimney having
an internal cross-sectional dimension of less than 60 inches.
b.
No person shall cause 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 million BTU or
greater gross heat input, or discharging through a stack or chimney
having all internal cross-sectional dimensions of 60 inches or greater.
c.
The provisions of paragraphs a and b shall not apply to smoke which
is visible for a period of not longer than three minutes in any consecutive
30 minute period.
d.
The provisions of this section shall not apply to direct heat exchangers
or manufacturing processes, or any motor vehicle while operating on
the public highways.
e.
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.
[Ord. #35, S 6]
a.
No person shall cause or permit particles to be emitted from any
stack or chimney into the open air the shade or appearance of which
is greater than 20% opacity, exclusive of water vapor.
b.
The provisions of this section shall not apply:
1.
To particles the shade or appearance of which is greater than 20%
opacity, exclusive of water vapor, for a period of not longer than
three minutes in any consecutive 30 minutes period;
2.
To source operations issued a variance by the New Jersey Department of Environmental Protection in accordance with Chapter 7, Section 5 of the New Jersey Air Pollution Control Code;
3.
To indirect heat exchangers;
4.
To incinerators;
5.
For a period of five 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 June 15, 1967, to March 27, 1972.
[Ord. #35, S 7]
a.
Except as hereinafter 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
such 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 and 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 person
or persons 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 shall be reported
within 10 days of the occurrence of such change to the Director.
b.
Such information shall be submitted to the Director within 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 Building Code of the Township.
Additional reports concerning these items may be requested by the
Director.
[Ord. #35, S 8]
a.
No person shall operate or permit the operation of an incinerator
in the Township without a permit issued by the Director in accordance
with this Code. 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 this Code. The permit may be conditioned on improvements
being made within a prescribed time or on certain operating restrictions,
if necessary, to comply with this Code. 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 $25 payable to the Township.
b.
No person shall operate or permit the operation of an incinerator
in the Township 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, however, 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.
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.
No person shall cause 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, or 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 paragraph d shall not apply to smoke emitted
during the building of a new fire, the shade or appearance of which
is not greater than No. 2 of the Ringelmann Smoke Chart, for a period
of three 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 consecutive minutes.
e.
No person shall cause 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.
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.
[Ord. #35, S 9]
a.
The Health Officer or the Executive Officer of the Board of Health
of the Township shall, in addition to his other duties, enforce and
administer the provisions of this Code 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 Township to perform duties necessary for the enforcement
of this Code.
b.
Wherever a Board of Commissioners exists, pursuant to N.J.S.A. 26:3-90,
this Board may appoint any person employed by the Township, or its
successor, to administer and enforce this Code in addition to the
powers and appointments provided by paragraph a hereof.
[Ord. #35, S 10]
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.R.S. 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.
d.
Search warrant or access warrant. The Director may, upon affidavit,
apply to the Judge of the Municipal Court of the Township for a search
warrant setting forth factually the actual conditions and circumstances
that provide a reasonable basis for believing that a violation of
the Code may exist on the premises, including one or more of the following:
1.
That the premises require inspection according to the cycle established
by the town for periodic inspections of premises of the type involved;
2.
That observation of external conditions (smoke, ash, soot, odors)
of the premises and its public areas has resulted in the belief that
violations of this Code exist;
3.
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.
If the Judge of the Municipal Court of the Township 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.
e.
All buildings and premises subject to this Code are 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 non-residential purposes, provided, however,
that inspections may be made at other times if:
1.
The premises are not available during the foregoing hours for inspection;
2.
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; or
3.
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.
[Ord. #35, S 11]
a.
Any person who shall violate any of the provisions of this Code, or who shall fail to comply therewith or with any of the requirements thereof, shall be liable to the penalty stated in Chapter BHI, section BH1-2.
b.
The violation of any section or subsection of this Code 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
Code.
[Ord. #35, S 12]
a.
This Code is to be liberally construed to effectuate the purpose
herein described. Nothing herein is to be construed as repealing or
abridging the emergency powers of any agency of government except
to the extent expressly set forth herein.
b.
If any section, subsection, paragraph, sentence, clause, phrase,
or word contained in this Code shall be declared invalid for any reason
whatsoever, such decision shall not affect the remaining portions
of this Code which shall remain in full force and effect.
c.
This chapter is promulgated and adopted in accordance with Section
26:2C-8 of P.L. 1954, C. 212 (Title 26:2C-1 to 2C-23), amended by
P.L. 1962, C. 215; P.L. 1967, C. 105; and P.L. 1967, C. 106; and nothing
contained herein or any action taken hereunder is to be interpreted
as being in conflict with the New Jersey Air Pollution Control Act
and the New Jersey Air Pollution Control Code.
