[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.
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
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.
DIRECT HEAT EXCHANGE
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.
FUEL
Shall mean solid, liquid or gaseous materials used to produce
useful heat by burning.
GARBAGE
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.
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, garbage, rubbish, trade
waste, debris or scrap; or a facility for cremating human or animal
remains.
INDIRECT HEAT EXCHANGER
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.
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
homogeneous 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 VEHICLE
Shall mean and include all vehicles propelled otherwise than
by muscular power excepting such vehicle as run only upon rails or
tracks.
ODOR
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, 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.
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 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.
TRADE WASTE
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.
VISIBLE SMOKE
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.