Borough of North Plainfield, NJ
Somerset County
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a. 
Title. This Section shall be known, and may be cited as the Air Pollution Control Code of the Borough.
[Ord. #608, S 1:1]
b. 
Findings and Declaration of Policy. 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, Air Pollution Control Program. (Ord. #608, S 1:2).
[Ord. #608, S 2:1; Ord. #608A, S 1]
As used in this Section:
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, to animal or plant life or to property, or would unreasonably interfere with the enjoyment of life and property throughout the Borough as shall be affected thereby, and excludes all aspects of employer - employee relationship as to health and safety hazards.
CHIEF INSPECTOR
Shall mean Inspector of the Fire Department of the Borough.
DEPARTMENT
Shall mean the Department of Environmental Protection.
DIRECT HEAT EXCHANGER
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 heat by burning.
FUEL-BURNING EQUIPMENT
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.
GARBAGE
Shall mean waste, animal or vegetable matter from houses, kitchens, restaurants, hotels, produce markets or any other source, or food of any kind to be thrown away.
HAZARDOUS MATERIALS
Shall mean trade waste which presents an existing or potential hazard to health or safety if disposed of by any means other than open burning, including but not limited to explosives, nitrocellulose and elemental sodium.
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, rubbish, garbage, debris, or scrap or facilities for cremating human or animal remains.
INDIRECT HEAT EXCHANGER
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.
INFESTED PLANT LIFE
Shall mean plant life contaminated by or harboring an insect, a plant pathogen, a weed, or any other organism capable of causing damage, economic or otherwise, to environmental or natural resources.
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.
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.
MARINE INSTALLATION
Shall mean equipment for propulsion, power or heating on all types of marine craft and floating equipment.
MOBILE SOURCE
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.
MOTOR VEHICLE
Shall mean any vehicle propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks.
ODOR
Shall mean a 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.
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 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.
PLANT LIFE
Shall mean vegetation, including but not limited to trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops.
REFUSE
Shall mean all putrescible and non-putrescible 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
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 said Ringelmann's Scale.
RUBBISH
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.
SALVAGE OPERATIONS
Shall mean any business, trade, or industry engaged in whole or in part in salvaging or reclaiming any produce or material, including but not limited to metals, chemicals, shipping containers, or drums.
SMOKE
Shall mean small gas-borne and air-borne particles arising from a process of combustion in sufficient number to be observable.
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 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.
VISIBLE SMOKE
Shall mean smoke which obscures light to a degree readily discernible by visual observation.
[Ord. #608, S 3; Ord. #608 A, SS 2, 3]
a. 
No person shall cause, allow or permit a salvage operation by open burning.
b. 
No person shall cause, allow or permit the disposal of rubbish, garbage or trade waste or buildings or structures by open burning.
c. 
No person shall cause, allow or permit the disposal of fallen leaves by open burning.
d. 
No person shall cause, allow or permit the disposal of any type of plant life by open burning.
e. 
The provisions of the foregoing paragraphs a through d of this subsection shall not apply to open burning of refuse for training or research exercises in fire protection or prevention when conducted by the North Plainfield Fire Department at a permanent facility or training center designed to be used solely for such purpose on a continuing basis.
f. 
The provisions of the foregoing paragraphs a through d of this subsection shall not prevent open burning conducted pursuant to permits issued under the New Jersey Air Pollution Control Code.
[Ord. #608, SS 4:1-4:6; Ord. #608A, S 4]
a. 
Smoke Emissions from Stationary Indirect Heat Exchangers. No person shall cause, allow, or permit, smoke from any fuel-burning equipment, the shade or appearance of which is darker than Number 1 of the Ringelmann Smoke Chart, to be emitted into the open air.
1. 
No person shall cause, allow or permit visible smoke to be emitted into the outdoor air from the combustion of fuel in any stationary indirect heat exchanger having a rated hourly capacity of less than two hundred million (200,000,000) BTU gross heat input or discharging through a stack or chimney having an internal cross-sectional dimension of less than 60 inches.
2. 
No person shall cause, allow or permit smoke the shade or appearance of which is darker than Number 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 two hundred million (200,000,000) BTU or greater gross heat input or discharging through a stack or chimney having all internal cross-sectional dimensions of 60 inches or greater.
3. 
The provisions of paragraph a1 and 2 above, shall not apply to smoke which is visible for a period of not longer than three minutes in any consecutive 30 minute period.
b. 
Smoke Emissions from Marine Installations.
1. 
No person shall cause, allow or permit smoke the shade or appearance of which is darker than Number 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 the indirect heat exchanger of any marine installation.
2. 
The provisions of paragraph b1 shall not apply to smoke which is visible for a period of not longer than three minutes in any consecutive 30 minute period.
c. 
Smoke Emissions from the Combustion of Fuel in Mobile Sources. No person shall cause, allow or permit smoke the shade or appearance of which is darker than Number 2 on the Ringelmann Smoke Chart or greater than 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 10 consecutive seconds.
d. 
Smoke Emissions from Stationary Internal Combustion Engines and Stationary Turbine Engines. No person shall cause, allow or permit smoke the shade or appearance of which is darker than Number 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 internal combustion engine or any stationary turbine engine for a period of more than 10 consecutive seconds.
e. 
Stack Test. Any person responsible for the construction, installation, alteration or use of an indirect heat exchanger shall, when requested by the Department, provide the facilities and necessary equipment for determining the density or opacity of smoke being discharged into the open air and shall conduct such smoke tests using methods approved by the Department. All smoke test data shall be recorded in a permanent log at such time intervals as specified by the Department. The data shall be maintained for a period of not less than one year and shall be available for review by the Department.
f. 
Exceptions. The provisions of this Section shall not apply to direct heat exchangers, manufacturing processes or any motor vehicle while operating upon the public highways.
[Ord. #608, SS 5:1-5:5]
a. 
Smoke Emissions. No person shall cause, allow or permit, smoke from any incinerator, the shade or appearance of which is darker than Number 1 on 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 Number 1 on the Ringelmann Smoke Chart.
b. 
New Fires. The provisions of paragraph a above shall not apply to smoke emitted during the building of a new fire, the shade or appearance of which is not darker than Number 2 on 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 Number 2 on the Ringelmann Smoke Chart, for a period no longer than three consecutive minutes.
c. 
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.
d. 
Odors. No person shall construct, install, use or cause to be used, any incinerator which will result in odors being detectible 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 Chief Inspector of the Borough, 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.
[Ord. #608, S 6]
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 subsection shall not apply to the use of economic poisons.
[Ord. #608, SS 7:1-7:3]
a. 
Accessibility. All buildings and premises subject to this Code are subject to inspection by the Chief Inspector or his duly authorized representative. 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:
1. 
The premises are not available during the foregoing hours for inspection; or
2. 
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
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.
b. 
Emergency Inspections. Emergency inspections may be authorized without warrant if the Chief Inspector 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 Chief Inspector 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.
c. 
Search Warrant or Access Warrants. The Chief Inspector may, upon affidavit, apply to the Judge of the Municipal Court of the Borough 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:
1. 
The premises require inspection according to the cycle established by the Chief Inspector for periodic inspections or premises of the type involved;
2. 
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;
3. 
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 of the Borough 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. #708A, S 5]
a. 
There is hereby created and established a Fire Control Board to consist of the following members: the Fire Chief, the members of the Council's Fire Committee and one member of the Green Acres Commission to be designated by the Commission.
b. 
The Fire Control Board shall have full power and authority to promulgate rules and regulations concerning burning within the Borough, provided, however, that the rules and regulations shall be consistent with the provisions of the New Jersey Air Pollution Control Code and with all applicable ordinances.
[Ord. #608, SS 8:1-8:2]
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 subject to a penalty as established in Chapter 1, Section 1-5.
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. #608, S 9:1]
This Code 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.