This chapter shall be known and may be cited as the Air Pollution
Control Code of the Township of Ocean.
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 Township of Ocean, 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 township
council 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, Air
Pollution Control Program.
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 POLLUTION
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 the Township of Ocean as shall be affected
thereby, and excludes all aspects of employer-employee relationship
as to health and safety hazards.
ECONOMIC POISONS
Those chemicals used as insecticides, rodenticides, fungicides,
herbicides, nematocides or defoliants.
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 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, garbage, debris, or scrap or facilities
for cremating human or animal remains.
ODOR
A property of a substance which affects the sense of smell.
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.
REFUSE (SEE ALSO GARBAGE)
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.
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 Health of the State of New Jersey,
as the equivalent of the Ringelmann's Scale.
RUBBISH
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.
SALVAGE OPERATIONS
Any business, trade or industry engaged in whole or in part
in salvaging or reclaiming any product or materials, including but
not limited to metals, chemicals, shipping containers, or drums.
SMOKE
Small gasborne and airborne particles arising from a process
of combustion in sufficient number to be observable.
TRADE WASTE
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.
No person shall cause, allow or permit open burning of refuse or plant life nor conduct a salvage operation by open burning, except as provided in subsection
20-3.2.
The open burning of trade waste is not prohibited where no other known method of disposal can be used without hazard to health or property and the required affidavit has been filed with and approved by the Commissioner of the New Jersey State Department of Health in accordance with Chapter
2, Section 1.4 of the New Jersey Air Pollution Control Code.
No person shall cause, allow or permit smoke from any fuel-burning
equipment, the shade or appearance of which is darker than No. 1 of
the Ringelmann Smoke Chart, to be emitted into the open air. The provisions
of this section shall not apply to smoke emitted during the cleaning
of a fire box or 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 or periods aggregating no more than three minutes in any
15 consecutive minutes.
No person shall cause, 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.
The provisions of subsection
20-5.1 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.
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.
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.
No person shall operate, and no owner or operator of any building
in the Township of Ocean 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 health officer, or his designated agent, may, because
of exceptional circumstances, permit different hours of operation
under such conditions as he deems necessary for the health, safety
and welfare of the public or of persons in the vicinity.
No person or owner of property, and no person having possession
or control of property, 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 poison.
All buildings and premises subject to this code are subject
to inspection from time to time by the 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, 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.
Emergency inspections may be authorized without warrant if the
health officer or his designated agent 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
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 R.S. 26:2C-32. Where the health officer or his
duly authorized representative 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.
The health officer or his designated agent 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 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 or his designated agent for periodic inspections
of premises of the type involved;
b. That observation of external conditions, i.e., 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
factors which render systematic inspections of such buildings necessary
in the interest of public health and safety.
If the judge of the municipal court is satisfied as to the matters
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.
[Ord. 781, § 8; Ord. 1653, § VIII; Ord.
1971, § I; Ord. No. 2014-2217]
Any person found guilty of violating any provision of this chapter
shall be subject to one or more of the following: imprisonment for
any term not exceeding 90 days; or a fine not exceeding $2,000; or
a period of community service not exceeding 90 days. Each day of violation
shall constitute an additional, separate and distinct offense.
This code shall be liberally construed to effectuate the purposes
herein described. Nothing herein shall be construed as repealing or
abridging the emergency powers of any agency of government except
to the extent expressly set forth in this chapter.