Township of West Orange, NJ
Essex County
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Table of Contents
Table of Contents
[1]
Editor's Note: Refer to statutory provisions in N.J.S.A. 40:69A-29, 30.
[1972 Code § 12-1]
This section shall be known and cited as the Air Pollution Code of the Township of West Orange.
[1972 Code § 12-2]
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 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 to minimize air pollution as herein defined and prohibit excessive emission of the same, to establish standards for the installation, maintenance, and operation of equipment and appurtenances relating to combustion which is a source of air pollution.
[1972 Code § 12-3.36; Ord. No. 343-74 § 2]
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 CONTAMINANT
Shall mean solid particles, liquid particles, vapors or gases which are discharged into the outdoor atmosphere.
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, animal or plant life or property, or would unreasonably interfere with the enjoyment of life or property throughout the Township, and excludes all aspects of employer-employee relationship as to health and safety hazards.
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.
DIRECTOR OF AIR POLLUTION CONTROL OR DIRECTOR
Shall mean the person or persons who are authorized by Section 21-6 of this chapter to exercise the powers prescribed by this Code.
DUST
Shall mean airborne solid particles including, but not limited to fly ash, cinders, and soot.
ECONOMIC POISONS
Shall mean those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides, or defoliants.
FLY ASH
Shall mean particles of gasborne solid matter arising from the combustion of solid fuel, not including process materials.
FUEL
Shall mean solid, liquid or gaseous materials used to produce useful heat by burning.
FUMES
Shall mean solid particles dispersed in air or gases formed by condensation, sublimation or chemical reaction such as the oxidation of metals.
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.
GAS
Shall mean a formless fluid which, under standard conditions, occupies the space of enclosure and which can be changed to the liquid or solid state only by the combined effect of increased pressure and decreased temperature.
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, trade waste, debris, or scrap, or a facility for cremating human or animal remains.
a. 
Common incinerator. An incinerator designed and used to burn waste materials of types 0, 1, 2 and 3 only, in all capacities not exceeding 2,000 pounds per hour of waste material input.
b. 
Special incinerator. Municipal, pathological waste, or trade waste incinerator of any burning capacity, or any incinerator with a burning capacity in excess of 2,000 pounds per hour.
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.
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.
LIQUID PARTICLES
Shall mean particles which have volume but are not of rigid shape and which, upon collection, tend to coalesce and create uniform homogeneous films upon the surface of the collecting media.
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.
ODOR
Shall mean the 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 whose products of combustion are emitted into the open air and are not directed 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.
OWNER
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 shall have charge, care, or control of any dwelling or dwelling unit, as owner or agent of the owner, or as fiduciary, including but not limited to, executrix, administrator, trustee, receiver, or guardian of the estate, or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by the lessee.
PARTICLES
Shall mean any material, except uncombined water, which exists in finely divided form as liquid particles or solid particles at standard conditions.
PLANT LIFE
Shall mean vegetation including but not limited to trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops.
REFUSE
Shall mean garbage, rubbish and trade waste.
RINGELMANN SMOKE CHART
Shall mean Ringelmann's Scale for Grading the Density of Smoke, as 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 New Jersey Department of Environmental Protection as the equivalent of the Ringelmann Scale.
RUBBISH
Shall mean waste solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, papers, ashes, furniture, tin cans, glass, crockery, masonry and other similar materials.
SALVAGE OPERATION
Shall mean any operation or activity from which is salvaged or reclaimed any product or material including but not limited to metals, chemicals or shipping containers.
SMOKE
Shall mean small gasborne and airborne particles, exclusive of water vapor, arising from a process of combustion in sufficient number to be observable.
SOLID PARTICLES
Shall mean particles of rigid shape and definite volume.
SOOT
Shall mean agglomerations of particles of carbon formed as a result of the incomplete combustion of carbonaceous material.
SOURCE OPERATION
Shall mean any manufacturing process or any identifiable part thereof emitting an air contaminant into the outdoor atmosphere through one or more stacks or chimneys.
STACK OR CHIMNEY
Shall mean a flue, conduit or opening designed and constructed for the purpose of emitting air contaminants into the outdoor air.
STANDARD CONDITIONS
Shall be 70° F. and one atmosphere pressure (14.7 psia or 760 mm Hg).
TRADE WASTE
Shall mean all waste solid or liquid materials or rubbish resulting from construction, building operations, or the prosecution of any business, trade or industry including but not limited to plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders, and other forms of solid or liquid waste material.
VAPOR
Shall mean the gaseous form of substances which, under standard conditions, are in the solid or liquid state and which can be changed to these states by either increasing the pressure or decreasing the temperature.
VISIBLE SMOKE
Shall mean smoke which obscures light to a degree readily discernible by visual observation.
[1972 Code § 12-4.1]
No person or owner of property, or person or persons having possession or control thereof, 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 § 12-4.2; Ord. No. 343-74 § 2]
a. 
No person shall cause, suffer, allow or permit a salvage operation by open burning.
b. 
No person shall cause, suffer, allow or permit the disposal of rubbish, garbage or trade waste, or buildings or structures by open burning.
c. 
No person shall cause, suffer, allow or permit the disposal of any type of plant life by open burning.
d. 
The provisions of this section shall not apply to:
1. 
Variances approved and issued by the New Jersey Department of Environmental Protection in accordance with N.J.A.C. 7:27-2.
2. 
Open burning of refuse for training or research exercises when conducted at a permanent facility or training center designed to be used solely for such purposes on a continuing basis.
[1972 Code § 12-4.3; Ord. No. 343-74 § 3]
a. 
No person shall cause, suffer, 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 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.
b. 
No person shall cause, suffer, allow or permit smoke the shade or appearance of which is darker than No. 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 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.
c. 
The provisions of paragraphs a and b of this subsection shall not apply to smoke which is visible for a period of not longer than three minutes in any consecutive thirty-minute period.
d. 
The provisions of this subsection shall not apply to direct heat exchangers or manufacturing processes, or any motor vehicle while operating on the public highways.
[1972 Code § 12-5; Ord. No. 343-74 § 4]
Any person responsible for the construction, installation, alteration or use of an indirect heat exchanger shall, when requested by the Director, provide the facilities and necessary equipment for determining the density or opacity of smoke being discharged into the open air. The equipment shall be maintained in good operating order and shall produce an audible or visual signal when smoke exceeding the standards in subsection 21-2.3 is emitted. The audible or visual signal shall be located so as to be readily noticed by the owner or superintendent of the building.
[1972 Code § 12-6.1]
a. 
Except as hereinafter provided, persons burning solid or liquid fuel whose products of combustion are discharged into the open air from a stack or chimney, shall submit to the Director of Air Pollution Control information for each stack or chimney relating to place, type of fuel burned, heat content in fuel burned, quantity of fuel burned per hour or year, description of combustion equipment, usual period of operation, height and size of outlet, and description of air pollution control equipment, and such other pertinent information as may be requested on forms provided for that purpose by the Director. The application forms shall also require submission of name, address and telephone numbers of persons responsible for day-to-day operation and also for persons responsible for maintenance of any such equipment. Any change in the name, address or telephone number of the persons shall be reported within 10 days of the occurrence of the change to the Director.
b. 
The information shall be submitted to the Director within 90 days after either new installations are placed into service or existing installations are altered. Nothing herein shall be construed as relieving any person from the requirements of the Building Code of the Township. Additional reports concerning these items may be requested by the Director.
c. 
The provisions of this subsection shall not apply to equipment designed or used in which the heat content of the fuel burned is not more than one million British Thermal Units (BTU) per hour. However, that equipment designed for use or actually using Nos. 5 or 6 fuel oil, oils blended with Nos. 5 or 6 oil (as most No. 4 oils are), or coal, is not exempt even if less than one million BTU per hour are used.
[1972 Code § 12-6.2; Ord. No. 343-74 § 5; Ord. No. 730-84 § 9]
a. 
Permit Required. No person shall operate and no owner or operator of any building in the Township shall permit the operation of an incinerator without a duly issued permit issued by the Director in accordance with this Code.
b. 
Application. Applications for permits to operate incinerators shall be made on forms provided by the Director and shall provide such information as may be necessary to determine the nature of the installation, safety, and fire protection devices, design and devices sufficient to insure against air pollution, necessary information as to person or persons responsible for operation and for maintenance and qualifications therefor, and such other pertinent information as may be necessary for protection of the public welfare, safety, health, and interest.
c. 
Issuance of Permit; Fee. The Director shall recommend issuance of a permit for the operation of an incinerator after examining the application and inspecting the facility and being satisfied that it may be operated in accordance with this Code. The Permit may be conditioned on improvements being made within a prescribed time or on certain operating restrictions if necessary to comply with this Code. All permits shall be issued by the Director of Health and Welfare or his/her duly authorized representative and shall expire on December 31 following their issuance or at such time prior thereto as any conditions or restrictions shall not be complied with. Each incinerator shall require a permit for which the annual fee shall be $50 payable to the Department of Health and Welfare on behalf of the Township, and the procedures governing the permit shall be in accordance with this Code.
d. 
Hours of Operation. No person shall operate and no owner or operator of any building in the Township shall permit the operation of an incinerator prior to 9:00 a.m. or after 5:00 p.m., and all operations shall be completely terminated by 5:00 p.m., including complete extinction of the fire and removal of materials from the fire or to a noncombustible container in a safe manner provided, that the Director may by special permit, because of exceptional circumstances, permit different hours of operation, under such conditions as he/she shall deem necessary for the health, safety and welfare of the public or of persons in the vicinity.
e. 
Installation and Maintenance Standards.
1. 
Installation. All incinerators hereafter installed shall be constructed and installed in accordance with the current specifications of the I.I.A. Incinerator Standards, as published by the Incinerator Institute of America, and any subsequent amendments thereto, except as the standards may be modified by regulations promulgated and filed by the Director in accordance with this Code or by the Building Code.
2. 
Maintenance. To the extent feasible, existing installations shall be maintained in accordance with, and if altered, repaired, renovated or converted, to conform with the I.I.A. Incinerator Standards Specifications adopted as part of this Code. Prior to altering, renovating, or converting any existing incinerator, the owner or person in charge thereof shall apply for an alteration permit therefor from the Director, specifying the type and nature of any such change in the installation. The Director may condition the Permit on compliance with the aforesaid standards to the extent compliance is feasible. Upon request of the owner, the Director shall hold a hearing upon written notice and within 15 days of the request on any proposed condition or order of the Director requiring compliance with the standards, at which time the applicant can present such proofs, information, or data as may relate to the issuance of the alteration permit, the conditions attached, thereto, and the applicability and feasibility of the aforesaid standards. In determining feasibility as applied to proposed changes in existing incinerators, the Director shall weigh the physical and financial difficulties of making such change as against the effect of such change in eliminating or curtailing the likelihood of air pollution. The Director shall make a determination of the application or order within 10 days after the hearing, and the issuance of the permit by the Director of Health and Welfare, shall be in accordance therewith. This subsection does not void the applicant's obligation to obtain necessary permits from other governmental agencies.
f. 
Authority to Seal Equipment.
1. 
The Director may take all necessary steps to seal any incinerator which has been operated without a duly authorized permit issued pursuant to this Code.
2. 
Where the operation of an incinerator constitutes an immediate and substantial menace to public health and safety, or is a substantial source of air pollution causing irritation and discomfort to persons in the vicinity, and the owner or operator fails upon written or oral notice to take immediate corrective measures, the Director may take all necessary measures to abate the condition, including but not limited to ordering the cessation of use of the equipment and sealing the same, pending a hearing in the Municipal Court.
g. 
General Regulations.
1. 
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.
2. 
The provisions of the above paragraph shall not apply to smoke emitted during the building of a new fire, the shade or appearance of which is not greater than No. 2 of the Ringelmann Smoke Chart for a period of three consecutive minutes; 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. 2 of the Ringelmann Smoke Chart for a period not longer than three consecutive minutes.
3. 
No person shall cause, suffer, allow or permit the emission of particles of unburned waste or ash from any common incinerator or from any special incinerator which are individually large enough to be visible while suspended in the atmosphere.
4. 
No person shall construct, install, use or cause to be used any common incinerator or any special incinerator which shall result in odors being detectable by sense or smell in any area of human use or occupancy.
[1972 Code § 12-7.1]
The Director, with the approval of the Director of Health and Welfare, may promulgate such rules and regulations consistent with this Code governing installation, maintenance, and use of fuel burning equipment, incinerators, the burning of various types of fuel and fuel oil, and the types of matter subject to incineration as may be necessary to minimize or eliminate air pollution. The Director may conduct such investigations, hold such hearings, and make such tests as may be necessary to establish specifications to be incorporated in such rules and regulations. All regulations shall be filed 15 days prior to the effective date thereof with the Director of the Department of Health and Welfare, the Township Clerk, the Mayor and the Township Council.
[1972 Code § 12-7.2]
All owners or operators of property on which there exists fuel-burning equipment or incinerators, or both, shall secure from the Director such regulations as shall be reproduced and made available as to the maintenance and operation of such equipment and incinerators. Copies of the regulations shall be kept posted at all times by the owner and operator at a conspicuous location at or near the equipment or incinerator affected thereby; and copies of the regulations shall be distributed personally to each person who has responsibility for the maintenance or operation of the equipment or incinerator on behalf of the owner or operator. The Director may require the posting by the owner or operator at specified locations of such other permanent signs as may be necessary and desirable to instruct personnel or occupants of the premises as to the proper maintenance and operation of the equipment or incinerator.
[1972 Code § 12-8.1]
There is hereby established the position of Director of Air Pollution Control who is hereby vested with the duty of enforcing and administering this Code and with all other duties and powers provided herein. The Director may appoint or designate, with the approval of the Director of Health and Welfare, other employees or officers of the Township to perform duties necessary for the enforcement of this Code.
[1972 Code § 12-8.2]
The Health Officer of the Division of Health, pursuant to N.J.S.A. 26:3-90, may appoint any person employed by the Suburban Essex Air Pollution Commission, or its successor, to administer and enforce this Code in addition to the powers and appointments provided by subsection 21-6.1.
[1972 Code § 12-9.2]
Emergency inspections may be authorized without warrant if the Director has reason to believe that a condition exists which poses an immediate threat to life, health or safety. The procedure shall only take place where the time taken 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 N.J.S.A. 26:2C-32.
Where the Director or his/her agent 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.
[1972 Code § 12-9.2]
The Director 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 Township for periodic inspections of premises of the type involved.
b. 
That observation of external conditions (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 or system, types of incinerators, particular use of premises or other factor which renders 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 matter set forth in the affidavit, the Judge 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.
[1972 Code § 12-9.3]
All buildings and premises subject to this Code are subject to inspection by the Director of Air Pollution Control or his/her 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 that inspection may be made at other times if:
a. 
The premises are not available during the foregoing hours for inspection.
b. 
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.
c. 
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.
[1972 Code § 12-10; Ord. No. 343-74 § 6]
No person shall cause, suffer, allow or permit particles to be emitted from any stack or chimney into the outdoor air, the shade or appearance of which is greater than 20% opacity, exclusive of water vapor.
[1972 Code § 12-10.1; Ord. No. 343-74 § 6]
The provisions of this section shall not apply:
a. 
To particles the shade or appearance of which is greater than 20% opacity, exclusive of water vapor, for a period of not longer than three minutes in any consecutive thirty-minute period.
b. 
To source operations issued a variance in accordance with N.J.A.C. 7:27-6.5.
c. 
To indirect heat exchangers.
d. 
To incinerators.
e. 
For a period of five years from the date of issuance of a valid permanent certificate to operate to a source operation equipped with control apparatus for which a valid permit to construct or the permanent certificate to operate was issued by the New Jersey Department of Environmental Protection during the period June 15, 1967, to March 27, 1972.
[1972 Code § 11-13.1; Ord. No. 1008-90 § 1]
a. 
The Township recognizes that the available body of scientific evidence indicates that chlorofluorocarbons (CFC's) and Halons, when discharged into the environment, deplete the earth's protective ozone layer, allowing increased amounts of ultraviolet radiation to penetrate the earth's atmosphere, thereby posing a long-term danger to human health, life and the environment by increasing such conditions as skin cancer, cataracts, suppression of the immune system and damage to crops and aquatic life.
b. 
The release of Halons in testing fire extinguishing equipment is a primary source of the release of Halons into the earth's atmosphere. There is currently no economically feasible technology available as a substitute for the Halon used in certain fire extinguishing systems.
c. 
CFC's are widely used in refrigeration and air conditioning systems in a form commonly known as "Freon." There is currently no economically feasible technology available as a substitute for the Freon used in refrigeration and air conditioning systems and the recapturing and recycling of Freon from auto air conditioning units alone could eliminate nearly 20% of all CFC chemicals used nationally.
d. 
The Montreal Protocol on Substances that Deplete the Ozone Layer, an international pact which was ratified by the United States on April 21, 1988, and which became effective January 1, 1989, calls for reductions in the production, importation and exportation of the CFC's to 50% of the worldwide 1986 levels by 1998 and a freeze on the production of Halon at 1986 levels beginning January 1, 1992.
e. 
The release of CFC's and Halons into the atmosphere is a global danger to the environment, thus any reduction in the release of these materials within the Township will reduce this global danger and will result in a benefit to the overall health and safety of the general public.
f. 
The Township supports any and all responsible actions necessary to reduce CFC and Halon use in order to promote the long-term health, safety and welfare of the general public and the environment.
g. 
It is the purpose of this section to prohibit the manufacture, sale and distribution of certain products made of or with a blowing agent compound which consists of CFC's and to significantly reduce the release of Halons into the earth's atmosphere.
[1972 Code § 11-13.2; Ord. No. 1008-90 § 2]
As used in this section:
CFC FOOD PACKAGING
Shall mean any container, carton, box, cup, lid, plate, bowl, tray or wrapping of any kind, which is or may be used to contain, package, store, insulate or serve any food and/or beverage, where any CFC has been used in the manufacturing and production of such item.
CHLOROFLUOROCARBONS OR CFC'S
Shall mean the family of substances containing carbon, fluorine and chlorine, and having no hydrogen atoms and no double bonds, and which includes, without limitation, CFC-11, CFC-12, CFC-113, CFC-114 and CFC-115. Examples of products containing or utilizing chlorofluorocarbons are "Freon" used in air conditioning and refrigeration units, degreasers and solvents used in the cleaning of metals and electronic components and rigid and flexible foam used as packaging material and insulating material, and flexible foam used in car seats, bedding and furniture.
DIRECTOR
Shall mean the West Orange Director of Engineering and Public Works.
ESTABLISHMENT
Shall mean any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, common law trust, society or individual engaged in any profession, trade, occupation and any and every kind of calling carried on for profit or otherwise within the Township, including any governmental entity or charitable organization.
HALON
Shall mean any fully halogenated carbon compound containing bromine, chlorine, or fluorine, and includes, without limitation, Halon-1301, Halon-1211 and Halon-2402.
LICENSED HEALTH CARE FACILITY
Shall mean any health care facility licensed either by the State of New Jersey, pursuant to law and or by the United States Department of Health and Human Services.
OZONE-DEPLETING COMPOUND
Shall mean any CFC, Halon, the chemical compounds of methyl chloroform and carbon tetrachloride or any other chemical compound hereafter designated by the Township Council by amendment to this section, as being an "ozone-depleting compound."
RIGID OR FLEXIBLE FOAM CONTAINING OR UTILIZING AN OZONE-DEPLETING COMPOUND
Shall mean any rigid or flexible foam, such as styrofoam or thermoplastic foam, building insulation, or any other rigid or flexible foam that contains within any closed cell any ozone-depleting compound or that was produced by using an ozone-depleting compound in any manner during the manufacturing process.
[1972 Code § 11-13.3; Ord. No. 1008-90 § 3]
a. 
Within the Township, no establishment shall use any ozone-depleting compound in any process or activity involving the manufacture, production, cleansing, degreasing or sterilization of any substance or product, except as otherwise provided in this section.
b. 
Within the Township, no establishment shall package any product with rigid or flexible foam containing or utilizing an ozone-depleting compound, except as otherwise provided in this section.
c. 
Within the Township, no establishment shall purchase, obtain, store, sell, distribute or otherwise provide to any person any CFC food packaging material, except as otherwise provided in this section.
[1972 Code § 11-13.4; Ord. No. 1008-90 § 4]
a. 
This section shall not apply to the study and/or research of the effect of the release of ozone-depleting compounds into the environment and/or the development of alternative technologies, where such compounds are necessary for conducting such study and research.
b. 
This section shall not apply to any ozone-depleting compound used as a coolant in any refrigeration or air conditioning unit or system.
c. 
This section shall not apply to any licensed health care facility operated either for profit or not for profit, including any medical research conducted at such facility, or to manufacturers of any "drug" and/or any medical "device" as the term "drug" and "device" are defined in Title 21 U.S.C. Sections 321 (g) (1) and 321 (h) of the Federal Food, Drug and Cosmetic Act, but only if the manufacturer is required to comply with the Good Manufacturing Practice requirements adopted pursuant to Title 21 U.S.C. Section 360j(f). This exemption is valid until such time as safe and effective alternatives to the current uses of ozone-depleting compounds by the licensed health care facility or manufacturers of any "drug" and/or any medical devices are available, as determined by the Director.
d. 
This section shall not apply to any person manufacturing a product or component product under contract with any branch of the United States Armed Forces or with any establishment under contract with such branch where applicable military specifications require the use of an ozone-depleting compound. Such manufacturer shall adopt and implement a recycling system whereby any ozone-depleting compound used as a sterilant shall be recaptured and recycled in accordance with a recycling system approved by the Director. Such approval shall be evidenced by a certificate issued by the Director.
[1972 Code § 11-13.5; Ord. No. 1008-90 § 5]
In the construction of any building or structure (commercial, industrial, residential or other), no person shall install any building insulation which contains or utilizes an ozone-depleting compound. Simultaneous with the filing of a Building Permit application, the applicant shall submit a written verification certifying that the building insulation to be installed does not contain an ozone-depleting compound.
[1972 Code § 11-13.6; Ord. No. 1008-90 § 6]
No person shall erect, construct, enlarge, alter, repair, move, improve, convert, renovate or demolish any building or structure which requires removal of existing insulation that contains an ozone-depleting compound without recovering and properly disposing of such insulation in accordance with the procedures adopted by the Director.
[1972 Code § 11-13.7; Ord. No. 1008-90 § 7]
All establishments that manufacture, repair, service or maintain any refrigeration or air conditioning unit or system, shall adopt and implement a recycling system whereby the ozone-depleting compound used as a coolant in such refrigeration or air conditioning unit or system will not be released into the environment, but will be recaptured and recycled in accordance with a recycling system approved by the Director. Such approval shall be evidenced by a certificate issued by the Director.
[1972 Code § 11-13.8; Ord. No. 1008-90 § 8]
No person shall sell any ozone-depleting compound for use as a coolant in a refrigeration or air conditioning unit or system to any person who does not possess and provide evidence of a certificate of possession and operation of a recycling system.
[1972 Code § 11-13.9; Ord. No. 1008-90 § 9]
No person shall dispose of or shall cause the disposal of any refrigeration or air conditioning unit or system either in conjunction with the disposal of another product, or in any other manner, without first recapturing and recycling any ozone-depleting compound used as a coolant in the unit or system, or without first ensuring such coolant will be recaptured and recycled, in accordance with a recycling program approved by the Director.
[1972 Code § 11-13.10; Ord. No. 1008-90 § 10]
Other than testing or training as may be required by any statute, rule or regulation mandating the release of Halon, no person shall release Halon in the training of personnel or in the testing of any fire extinguishing system unless the owner or lessee of the premises has obtained a testing permit from the Director in consultation with the appropriate fire suppression authorities.
[1972 Code § 11-13.11; Ord. No. 1008-90 § 11]
All establishments that repair, service or perform maintenance on any portable fire extinguishing system or unit shall adopt and implement a reclamation system whereby any Halons used as the extinguishing agent in any such system or unit shall not be released into the environment, but shall be recaptured and recycled or properly disposed of in accordance with a reclamation system by the Director.
[1972 Code § 11-13.12; Ord. No. 1008-90 § 12]
The Director shall oversee and be responsible for:
a. 
The enforcement and administration of this section;
b. 
Establishing rules and regulations governing the recycling of ozone-depleting compounds from refrigeration and/or air conditioning units or systems;
c. 
Providing informational assistance to persons seeking to implement a recycling program for ozone-depleting compounds used in air conditioning and refrigeration systems;
d. 
Creating and implementing an educational program to provide information to local establishments, industry and residents regarding the dangers and hazards associated with products made from or utilizing ozone-depleting compounds;
e. 
Establishing a program to encourage the development of alternative chemicals and technologies to replace the use of ozone-depleting compounds in existing products;
f. 
Consulting and cooperating with other local, State and Federal governmental agencies regarding the regulation of ozone-depleting compounds and other matters affecting the environment and the health, safety and general welfare of the public;
g. 
Coordinating and consulting with other agencies and departments within the Township to facilitate the administration, application and enforcement of the provisions of this section and to address any other environmental issues which affect the health, safety and general welfare of the public;
h. 
Such other duties and responsibilities as may be directed. Upon a showing by any person that no technically feasible alternative for such use of an ozone-depleting compound is currently available, the Director, upon finding that there is no technically feasible alternative for such use, may grant an exemption from any subsection or paragraph of this section. The Director is authorized to draft regulations and to take any and all actions reasonable and necessary to enforce this section, including, but not limited to, inspection of any establishment's premises to verify compliance with this section.
[1972 Code § 11-13.13; Ord. No. 1008-90 § 13]
The Township hereby establishes the Science Advisory Committee for the purpose of assisting and providing information to the Director concerning the effects of ozone-depleting compounds and other matters regarding the environment and the health, safety and general welfare of the public. The Director shall nominate individuals to serve as members of the Science Advisory Committee, whereafter such nominees shall be approved by the Township Council. The Director shall serve as chairperson of the Committee and shall formulate policies and procedures to govern the operations of the Committee.
[1972 Code § 11-13.14; Ord. No. 1008-90 § 14]
The Director, all employees of the Department of Engineering and Public Works, as well as the Director of the Department of Health and Welfare and all employees of the Department of Health and Welfare; the Director of the Department of Planning and all employees so authorized by the Director of the Department of Planning; all Township elected officials; all law enforcement officers; the Director of the Department of Fire and all employees so authorized by the Director of the Department of Fire are hereby authorized and empowered to perform as law enforcement officers solely with respect to the enforcement of the provisions of this section by being empowered to issue summonses for any violations thereof in accordance with the rules governing the courts of the State of New Jersey.
[1972 Code § 11-13.15; Ord. No. 1008-90 § 15]
Any person found guilty of violating any provision of this title shall be punished by a fine not exceeding $1,000 as stated in Section 1-5. There shall be a minimum fine of $100 for each violation of the provisions of this title. Each violation and each day a violation is committed or permitted to continue shall constitute a separate violation and shall be punishable as such.
[Ord. No. 2291-10]
The Township requires the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Township of West Orange so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply. This section is established pursuant to the Township's Tier A Municipal Stormwater General Permit (NJ0141852) issued by the New Jersey Department of Environmental Protection.
[Ord. No. 2291-10]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meaning stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Township of West Orange or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORM DRAIN INLET
Shall mean an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
No person in control of private property (except a residential lot with one single-family house or one two-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
a. 
Already meets the design standard in subsection 21-15.4 to control passage of solid and floatable materials; or
b. 
Is retrofitted or replaced to meet the standard in subsection 21-15.4 prior to the completion of the project.
[Ord. No. 2291-10]
Storm drain inlets identified in subsection 21-15.3 shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 21-15.4.c.
a. 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
1. 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
2. 
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Example of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
b. 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
c. 
This standard does not apply:
1. 
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards.
2. 
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(a) 
A rectangular space four and 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inches.
3. 
Where flows are conveyed through a trash rack that has parallel bars with one inch spacing between the bars; or
4. 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Ord. No. 2291-10]
This section shall be enforced by the Director of Public Works, Assistant Director of Public Works, and/or Superintendent of Public Works of the Township of West Orange.
[Ord. No. 2291-10]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $100 for each storm drain inlet that is not retrofitted to meet the design standard.