[HISTORY: Adopted by the Council of the City of Perth Amboy 5-15-73 as Ord. No. 18-73. Section 132-11A amended at time of adoption of Code; see Ch. 1, General Provisions. Other amendments noted where applicable.]
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 the City of Perth Amboy and a cause of substantial damage to property. For the purpose of controlling and reducing atmosphere pollution, it is hereby declared to be the policy of the City of Perth Amboy 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 Environmental Protection, Bureau of Air Pollution Control.
The following terms, wherever used herein or referred to in this chapter, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:
AGENCY
Central Jersey Regional Air Pollution Control Agency.
AIR CONTAMINANT
Solid particles, liquid particles, vapors or gases which are discharged into the outdoor atmosphere.
AIR POLLUTION
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, to animal or plant life or to property, or would unreasonably interfere with the enjoyment of life or property throughout the City of Perth Amboy as shall be affected thereby, and excludes all aspects of employer-employee relationship as to health and safety hazards.
CITY
City of Perth Amboy.
DEPARTMENT
The Department of Environmental Protection.
DILUTION GAS
Air or gas from any source whatsoever added to the source gas emitted from a source of operation.
DIRECT HEAT EXCHANGER
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.
DIRECTOR
Executive Director of the Central Jersey Regional Air Pollution Control Agency.
ECONOMIC POISONS
Those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides or defoliants.
EQUIPMENT
Any device capable of causing the emission of an air contaminant into the open air, and any stack, chimney, conduit, flue, duct, vent or similar device connected or attached to or serving the "equipment." This shall include "equipment" in which the preponderance of the air contaminants emitted is caused by the manufacturing process.
FUEL
Solid, liquid or gaseous materials used to produce useful heat by burning.
FUEL-BURNING EQUIPMENT
Any furnace, boiler, water heater, device, mechanism, stoker, burner, stack, oven, stove, kiln, still or other apparatus, or a group or collection of such units used 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" under this definition. Ovens, stoves or ranges used exclusively for domestic cooking purposes are not included herein.
INCINERATOR
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, debris or scrap, or facilities for cremating human or animal remains.
INDIRECT HEAT EXCHANGER
Equipment in 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
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
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
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 and absorbers.
MARINE INSTALLATION
Equipment for propulsion, power or heating on all types of marine craft and floating equipment.
MOBILE SOURCE
Equipment designed or constructed to be portable or movable from one location to another, including but not limited to aircraft, locomotives operating on rails, tractors, earth-moving equipment, hoists and mobile power generators.
MOTOR VEHICLE
Any vehicle propelled otherwise than by muscular power, except such vehicles as run only upon rails or tracks.
ODOR
A property of a substance which affects the sense of smell.
OPACITY
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
Any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack or chimney.
OPERATOR
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
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.
PARTICLES
Any material, except uncombined water, which exists in finely divided form as liquid particles or solid particles at standard conditions.
PERSON
Includes corporations, companies, associations, societies, firms, partnerships and joint-stock companies as well as individuals.
POTENTIAL EMISSION RATE
The mass rate of air contaminants emitted or to be emitted through a stack or chimney into the outdoor air exclusive of any type of control apparatus.
REFUSE
All putrescible and nonputrescible wastes (except body wastes), and includes but is not limited to garbage, rubbish, yard trimmings, leaves, ashes, street cleanings, dead animals, abandoned automobiles and solid particles and industrial wastes.
RINGELMANN SMOKE CHART
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 Environmental Protection of the State of New Jersey as the equivalent of said Ringelmann's Scale.
RUBBISH
Solids not considered to be highly flammable or explosive, and includes but is not limited to rags, old clothes, leather, rubber, carpets, woods, excelsior, paper, ashes, tree branches, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar materials.
SALVAGE OPERATIONS
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 and drums.
SMOKE
Small gasborne and airborne particles arising from a process of combustion in sufficient number to be observable.
SOLID PARTICLES
Particles of rigid shape and definite volume.
SOURCE GAS
Air or gases passed through or generated by a source operation and discharged from the source operation.
STACK or CHIMNEY
A flue, conduit or opening designed and constructed for the purpose of emitting air contaminants into the outdoor air.
STANDARD CONDITIONS
Seventy degrees Fahrenheit (70° F.) and one (1) atmospheric pressure [fourteen and seven-tenths (14.7) pounds per square inch absolute or seven hundred sixty (760) millimeters mercury].
TRADE WASTE
All solid or liquid material or rubbish resulting from construction, building operations or the prosecution of any business, trade or industry, and includes but is not limited to plastic products, carbon, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials.
VISIBLE SMOKE
Smoke which obscures light to a degree readily discernible by visual observation.
[Amended 3-8-2017 by Ord. No. 1837-2017]
No person shall cause, suffer or permit open burning of refuse or plant life, conduct a salvage operation by open burning, or conduct a bonfire. Bonfires may be conducted by the City of Perth Amboy at City-sponsored events, subject to the requirements of the International Fire Code, New Jersey Edition (2006), as may be amended and supplemented from time to time.
A. 
Smoke emissions from stationary indirect heat exchangers.
(1) 
No person shall cause, suffer, allow or permit visible smoke to be emitted into the outdoor air from the combustion of fuel in any stationary indirect or direct heat exchanger having a rated hourly capacity of less than two hundred (200) million BTU gross heat input or discharging through a stack or chimney having an internal cross-sectional dimension of less than sixty (60) inches.
(2) 
No person shall cause, suffer, allow or permit smoke the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart or greater than twenty percent (20%) opacity, exclusive of water vapor, to be emitted into the outdoor air from the combustion of fuel in any stationary indirect or direct heat exchanger having a rated hourly capacity of two hundred (200) million BTU or greater gross heat input or discharging through a stack or chimney having an internal cross-sectional dimension of sixty (60) inches or greater.
(3) 
The provisions of Subsection A(1) and (2) shall not apply to smoke which is visible for a period of not longer than three (3) minutes in any consecutive thirty-minute period.
B. 
Smoke emissions from marine installations.
(1) 
No person shall cause, suffer, allow or permit smoke the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart or greater than twenty percent (20%) opacity, exclusive of water vapor, to be emitted into the outdoor air from the combustion of fuel in the indirect heat exchanger of any marine installation.
(2) 
The provisions of Subsection B(1) shall not apply to smoke which is visible for a period of not longer than three (3) minutes in any consecutive thirty-minute period.
C. 
Smoke emissions from the combustion of fuel in mobile sources. No person shall cause, suffer, allow or permit smoke the shade or appearance of which is darker than No. 2 on the Ringelmann Smoke Chart or greater than forty percent (40%) opacity, exclusive of water vapor, to be emitted into the outdoor air from the combustion of fuel in any mobile source for a period of more than ten (10) consecutive seconds.
D. 
Smoke emissions from stationary internal-combustion engines and stationary turbine engines. No person shall cause, suffer, allow or permit smoke the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart or greater than twenty percent (20%) opacity, exclusive of water vapor, to be emitted into the outdoor air from the combustion of fuel in any stationary internal-combustion engine or any stationary turbine engine for a period of more than ten (10) consecutive seconds.
E. 
Exceptions. The provisions of this section shall not apply to any motor vehicle while operating upon the public highways.
A. 
Permit required. No person shall operate an incinerator and no owner or operator of any building in the city shall permit the operation of an incinerator without a duly authorized permit issued by the Director of the Agency in accordance with this section.
B. 
Application for permit. Applications for permits to operate incinerators shall be made on forms provided by the Director of the Agency and shall provide such information as may be necessary to determine the nature of the installation, safety and fire protection devices, design and devices sufficient to ensure against air pollution violations, necessary information as to person or persons responsible for operation and for maintenance and the qualifications therefor, and such other pertinent information as may be necessary for protection of the public welfare, safety, health and interest.
C. 
Recommendations as to issuance; conditions; issuance; fee; expiration date. The Director of the Agency 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 section. Such permit may be conditioned on improvements being made within a prescribed time or on certain operating restrictions if necessary to comply with this section. All permits shall be issued by the City Clerk and shall expire one (1) year following their issuance or at such time prior thereto as any conditions or restrictions shall not be complied with. The annual fee for each incinerator permit shall be twenty-five dollars ($25), payable to the City Clerk, and the procedures governing such permit shall be in accordance with the laws of the City of Perth Amboy.
D. 
Sealing of incinerators operated without permit. The Director of the Agency may take all necessary steps to seal any incinerator which has been operated without a duly authorized permit issued pursuant to this section.
E. 
Smoke emissions. No person shall cause, suffer, allow or permit Smoke from any incinerator, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart, to be emitted into the open air, nor 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 on the Ringelmann Smoke Chart.
F. 
New fires. The provisions of Subsection E 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 on the Ringelmann Smoke Chart, for a period of no longer than three (3) consecutive minutes; nor 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 on the Ringelmann Smoke Chart, for a period of no longer than three (3) consecutive minutes.
G. 
Visible particles. No person shall cause, 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.
H. 
Odors. 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.
I. 
Limitation on time of operation. No person shall operate an incinerator and no owner or operator of any building in the City of Perth Amboy 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., including complete extinction of the fire and removal of material in a safe manner from the firebox to a noncombustible container; provided, however, that by special permit the Agency 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 of persons in the vicinity.
[Amended 5-7-1991 by Ord. No. 542-91]
A. 
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 subsection shall not apply to the use of economic poisons.
B. 
No person shall cause, suffer, allow or permit the motor of a diesel-powered or gasoline-powered vehicle to be in operation for more than three (3) consecutive minutes if the vehicle is not in motion, except that where the ambient temperature is thirty-two degrees Fahrenheit (32° F.) or less, then the permitted period for idling shall be five (5) consecutive minutes. The provisions of this subsection shall not apply to:
(1) 
Buses discharging or picking up passengers.
(2) 
Vehicles stopped in a line of traffic.
(3) 
Electric motor vehicles.
(4) 
Emergency vehicles in performance of their prescribed function.
Operation of any fuel-burning equipment or incinerator so as to cause emissions in excess of limits set by this chapter, which is a direct result of mechanical breakdown or is a direct result of the shutdown of such equipment or a scheduled maintenance, is not a violation of this chapter, provided that:
A. 
The occurrence has been reported to the Agency at least twenty-four (24) hours before any scheduled maintenance and the scheduled maintenance is performed where possible during times as specified by the Agency as favorable for atmospheric ventilation; or
B. 
The occurrence has been reported to the Agency as soon as reasonably possible in the case of a mechanical breakdown, but in no case more than one (1) hour after the occurrence; and
C. 
Repairs are made with maximum reasonable efforts; and
D. 
In the event of emission of air contaminants of a nature or in quantities which would endanger public health or safety, such emission is stopped entirely or reduced to harmless levels as soon as possible; and
E. 
Mechanical breakdowns do not occur with such frequency that careless, marginal or unsafe operation is indicated.
A. 
All buildings and premises subject to this chapter are subject to inspection from time to time by the Central Jersey Regional Air Pollution Control Agency or its 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, however, that inspections may be made at other times if the premises are not available during the foregoing hours for inspections, or if 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 if 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. Authorized representatives shall include the Executive Director of the Central Jersey Regional Air Pollution Control Agency and the Health Officer of the City of Perth Amboy and their agents, servants or employees.
B. 
Emergency inspection may be authorized without warrant if the Central Jersey Regional Air Pollution Control Agency 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 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 N.J.S.A. 26:2C-32. Where the Central Jersey Regional Air Pollution Control Agency or its duly authorized representatives are refused entry or access or are 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 chapter.
A. 
The Central Jersey Regional Air Pollution Control Agency may, upon affidavit, apply to the Judge of the Municipal Court of the City of Perth Amboy 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 this chapter may exist on the premises, including one (1) or more of the following:
(1) 
That the premises require inspection according to the cycle established by the City of Perth Amboy for periodic inspections or premises of the type involved.
(2) 
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 chapter exist.
(3) 
Circumstances such as age and design of fuel-burning equipment and/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.
B. 
If the Judge of the Municipal Court of the City of Perth Amboy is satisfied as to the matters set forth in the said 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.
If any person violates any of the provisions of this chapter, the Agency may institute a civil action in the Superior Court in the name of the state, on relation of the Agency, for injunctive relief to prohibit and prevent the continuance of such violation or violations.
A. 
Any person who shall violate any of the provisions of this chapter, or who shall fail to comply therewith or with any of the requirements thereof, shall be punishable by a fine not exceeding the sum of five hundred dollars ($500) or by imprisonment in the county jail for a period not to exceed ninety (90) days, or both.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1. General Provisions.
B. 
The violation of any section or subsection of this chapter 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 chapter. Each day of violation shall constitute an additional, separate and distinct offense.
This chapter is to be liberally construed to effectuate the purposes 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.