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:
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.
Shall mean Inspector of the Fire Department of the Borough.
Shall mean the Department of Environmental Protection.
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
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 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.
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.
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 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.
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, excepting 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, 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.
Shall mean vegetation, including but not limited to trees,
tree branches, leaves, yard trimmings, shrubbery, grass, weeds and
crops.
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.
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.
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 produce or material, including
but not limited to metals, chemicals, shipping containers, or drums.
Shall mean small gas-borne and air-borne 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.
[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]
[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.
