[HISTORY: Adopted by the Mayor and Council of the Town of
Secaucus 9-8-70. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Air Pollution
Control Code of the Town of Secaucus."
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 Secaucus 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 Mayor and Town 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
chapter shall have the respective meanings assigned to them unless
a different meaning clearly appears from the context:
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 town as shall be affected thereby, and
excludes all aspects of employer-employee relationships as to health
and safety hazards.
Those chemicals used as insecticides, rodenticides, fungicides,
herbicides, nematocides or defoliants.
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.
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.
A property of a substance which affects the sense of smell.
Any fire wherein the products of combustion are emitted into
the open air and are not directed thereto through a stack or chimney.
Any person who has care, custody or control of a building
or premises or a portion thereof, whether with or without the knowledge
of the owner thereof.
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 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 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.
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies, as well as individuals.
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'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.
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.
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.
Small gasborne and airborne particles arising from a process
of combustion in sufficient number to be observable.
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.
A.
No person shall cause, suffer, allow or permit open burning of refuse or plant life nor conduct a salvage operation by open burning, except as provided in Subsection B.
B.
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 Environmental Protection
in accordance with Chapter II, Section 1.4 of the New Jersey Air Pollution
Control Code.
A.
No person shall cause, suffer, 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.
B.
The provisions of this section shall not apply to smoke emitted during
the cleaning of a firebox 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.
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 Subsection 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 Town of Secaucus 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 Board of 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.
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.
A.
All buildings and premises subject to this code are subject to inspection
from time to time by the Health, Building or Plumbing Inspector or
their 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:
(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 may be authorized without warrant if an enforcement
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 the immediate action
necessary to abate the condition. Emergency inspections may also be
authorized by the Governor in time of air pollution emergencies in
accordance with N.J.R.S. 26:2C-32. Where the enforcement officers
or their 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 owner, occupant
or operator shall be in violation of this chapter and subject to the
penalties hereunder.
A.
Any enforcement officer may, upon affidavit, apply to the Judge of
the Municipal Court of the Town of Secaucus 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
chapter may exist on the premises, including one or more of the following:
(1)
That the premises require inspection according to the cycle established
by the Board of Health 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
systems, types of incinerator, particular use of premises or other
factors 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 Town of Secaucus 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.
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 to exceed $500 or by imprisonment
in the county jail for a period not to exceed 90 days, or by both
such fine and imprisonment, and each violation of any of the provisions
of this chapter and each day that such violation shall continue shall
be deemed to be a separate and distinct offense.
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.
