[1972 Code § 37-1; Ord. No. 875]
This section shall be known and may be cited as the "Air Pollution
Control Code of the Borough."
[1972 Code § 37-2; Ord. No. 875]
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 Borough and a cause of substantial damage to property.
For the purpose of controlling and reducing atmospheric pollution,
it is hereby declared to be the policy of the Borough 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.
[1972 Code § 37-3; Ord. No. 875]
As used in this section:
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, to animal or plant
life, or to property, or would unreasonably interfere with the enjoyment
of life or property throughout this Borough as shall be affected thereby,
and excludes all aspects of employer-employee relationship as to health
and safety hazards.
Shall mean the Department of Environmental Protection and
Energy.
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 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 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 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.
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,
debris or scrap or facilities for cremating human or animal remains.
Shall mean 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.
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 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 equipment for propulsion, power or heating on
all types of marine craft and floating equipment.
Shall mean 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.
Shall mean any vehicle propelled otherwise than by muscular
power, except such vehicles as run only upon rails or tracks.
Shall mean a 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.
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 any person who, along 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 of 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.
Shall mean and include corporations, companies, associations,
societies, firms, partnerships and joint-stock companies, as well
as individuals.
Shall mean all putrescible and nonputrescible wastes (except
body wastes), and shall include but not be limited to garbage, rubbish,
yard trimmings, leaves, ashes, street cleanings, dead animals, abandoned
automobiles and solid market and industrial wastes.
Shall mean 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 Ringelmann's
Scale.
Shall mean solids not considered to be highly flammable or
explosive, and shall include but not be limited to rags, old clothes,
leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches,
yard trimmings, furniture, tin cans, glass, crockery, masonry and
other similar materials.
Shall mean 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 or drums.
Shall mean small gas-borne and airborne particles arising
from a process of combustion in sufficient number to be observable.
Shall mean a flue, conduit or opening designed and constructed
for the purpose of emitting air contaminants into the outdoor air.
Shall mean all solid or liquid material or rubbish resulting
from construction, building operations or the prosecution of any business,
trade or industry, and shall include but not be limited to plastic
products, carbon, paint, grease, oil and other petroleum products,
chemicals, cinders and other forms of solid or liquid waste materials.
Shall mean smoke which obscures light to a degree readily
discernible by visual observation.
[1972 Code § 37-4; Ord. No. 875]
No person shall cause, suffer or permit open burning of refuse, plant life, or conduct a salvage operation by open burning except as permitted under Chapter 2 of the New Jersey Air Pollution Control Code and only as prescribed thereunder.
[1972 Code § 37-5; Ord. No. 875]
No person shall cause, suffer, allow or permit visible smoke from any fuel-burning equipment except as permitted under Chapter 4 of the New Jersey Air Pollution Control Code
[1972 Code § 37-6; Ord. No. 875]
a.
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 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, of such opacity leaving a stack or chimney to a degree
greater than the emission designated as No. 1 of the Ringelmann Smoke
Chart.
b.
New Fires. The provisions of paragraph a 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 of the Ringelmann Smoke Chart, for
a period of no longer than three consecutive minutes; or 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 of the Ringelmann Smoke
Chart, for a period no longer than three consecutive minutes.
c.
Visible Particles. No person shall cause, suffer, 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.
d.
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.
e.
Limitation on Time of Operation. No person shall operate, and no
owner or operator of any building in the Borough 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 non-combustible container;
provided, however, that by special permit, the Health Officer may
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.
[1972 Code § 37-7; Ord. No. 875]
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 section shall not apply to
the use of economic poisons.
[1972 Code § 37-8; Ord. No. 875]
a.
All buildings and premises subject to this code are subject to inspection
by the Borough Health Officer 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 nonresidential purposes; provided, however,
that inspections may be made at other times if the premises are not
available during the foregoing hours for inspection; or 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 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.
b.
Emergency inspections may be authorized without warrant if the Health
Officer 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 for and secure the
issuance of a warrant would render ineffective any 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 Health Officer or his
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 Code and subject to the penalties hereunder.
c.
Search Warrant or Access Warrant.
1.
The Health Officer may, upon affidavit, apply to the Judge of the
Municipal Court 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 the Code may exist on the premises,
including one or more of the following:
(a)
That the premises require inspection according to the cycle
established by the Health Officer for periodic inspections of premises
of the type involved.
(b)
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 Code exist.
(c)
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.
[Ord. No. 2269-18]
This article is adopted in order to protect the environment,
particularly the wildlife, and the health, safety and well-being of
persons and property by prohibiting the release of helium balloons
into the atmosphere, including latex and Mylar, as it has been determined
that the release of balloons inflated with lighter-than-air gases
pose a danger and nuisance to the environment, particularly to wildlife
and marine animals so as to constitute a public nuisance and may pose
a threat to the safety of its habitants and their property.
a.
Prohibited Releases. It shall be unlawful for any person, firm or
corporation to intentionally release, organize the release, or intentionally
cause to be released balloons inflated with a gas that is lighter
than air within the Borough of Manasquan, except for:
b.
Violations and Penalties. Any person found in violation is guilty
of a non-criminal infraction punishable by a fine not to exceed the
sum of $500.
