[1978 Code § 17-1.1]
This section shall be known as and may be cited as the "Public
Health Nuisance Regulations."
[1978 Code § 17-1.2]
As used in this section:
Shall mean and include the sanitarian, Township Manager and
other officials of the Township authorized by the Township Council.
[1978 Code § 17-1.3]
The following matters, things, conditions or acts and each of
them are hereby declared to be a nuisance and injurious to the health
of the inhabitants of this Township:
a.
Any matter, thing, condition or act which is or may become detrimental
or a menace to the health of the inhabitants of this Township.
b.
Any matter, thing, condition or act which is or may become an annoyance,
or interfere with the comfort or general well-being of the inhabitants
of this Township.
c.
Pollution, or existence of a condition or conditions which cause
or threaten pollution, of any waters in this Township in such manner
as to cause or threaten injury to any of the inhabitants of this Township
either in their health, comfort or property.
d.
The escape into the open air from any stack, vent, chimney or any
entrance to the open air, or from any fire into the open air of such
quantities of smoke, fly, ash, dust, fumes, vapors, mists, or gases
as to cause injury, detriment, or annoyance to the inhabitants of
this Township or endanger their comfort, repose, health or safety.
e.
The existence or presence of any water or other liquid in which mosquito
larvae breed or exist.
f.
The existence or presence of any accumulation of garbage, refuse,
animal or vegetable matter which may attract flies and to which flies
may have access, or in which fly larvae or pupae breed or exist.
g.
Depositing, accumulating, or maintaining any matter or thing which
serves as food for insects or rodents and to which they may have access
or which serves or constitutes a breeding place or harborage for insects
or rodents in or on any land, premises, building or other place.
[1978 Code § 17-1.4]
No person shall commit, maintain or allow any nuisance, as declared in subsection 11-1.3.
[1978 Code § 17-1.5]
No person shall:
a.
Throw, dump, cast or deposit paper, paper products, bottles, tin
cans, containers, automobile parts, junk, usable machines or parts
of machines, metal, trash, garbage, debris, or other waste materials
upon open fields, woods or private property, or upon or along any
private or public street, highway or other private or public place,
provided that this section shall not be construed to prohibit the
placing of such materials in suitable containers for prompt removal
to the authorized sanitary landfill site.
b.
Keep, store, abandon, or leave upon any parcel of private or public
land, street, road, right-of-way, alley-way or parkway in the Township
any motor vehicle not currently used for transportation and not being
licensed for the current year, or which cannot be readily operated
under its own power; provided, however, that nothing herein contained
shall be determined to prohibit the placing, keeping or storing of
any such motor vehicle in a garage or other building in the Township.
c.
Permit land to be covered with or contain refuse or debris resulting
from construction activities or the demolishing of a building which
refuse or debris has remained on the land for more than 30 days after
the completion of the construction activities or the demolition work.
[1978 Code § 17-1.6]
Whenever a nuisance as described by this section is found on
any privately owned property, notice in writing shall be given to
the owner thereof to remove or abate the same within such time as
shall be specified therein but not less than five days from the date
of service thereof. If the owner resides out of the State or cannot
be so notified speedily, such notice shall be left at the premises
with any tenant or occupant thereof or posted on the premises and
mailed by certified mail to the address of such owner as shown by
the tax records of the Township. Such action shall be considered as
proper notification to the owner, tenant and occupant of the premises.
[1978 Code § 17-1.7]
If the owner, or the occupant of such premises shall fail to
comply with such notice within the time specified therein the enforcing
officials may remove or abate such nuisance in a summary manner using
such means as the enforcing officials deem proper.
[1978 Code § 17-1.8]
The Township may institute an action at law to recover costs
incurred by it in the removal or abatement of any nuisance pursuant
to the foregoing sections from any person who shall have caused or
allowed such nuisance to exist including any owner, tenant or occupant
of the premises who, after notice as herein provided, shall fail to
remove and abate the nuisance within the time specified in such notice.
Any person who violates or neglects to comply with any provision of this section including notices to abate nuisances, shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. The penalty set forth herein shall not be in lieu of proceedings to remove or abate the nuisance as set forth in subsection 11-1.7 et seq.
[1978 Code § 17-2.1; Ord. No. 873]
This section shall be known and may be cited as "The Retail
Food Establishment Regulation of the Township of Sparta."
[1978 Code § 17-2.2; Ord. No. 873]
As used in this section:
As referred to in this section shall be an abbreviated term
referring to Chapter XII of the State Sanitary Code, Sanitation in
Retail Food Establishments and Food and Beverage Vending Machines.
Shall mean and refer to that certain code approved by the
State Department of Health (effective date January 1, 1992); for adoption
by reference in accordance with law, being a code regulating retail
food handling establishments, and food and beverage vending machines
and providing for the inspection of such establishments and vending
machines.
[1978 Code § 17-2.3; Ord. No. 873]
a.
Pursuant to and in accordance with the Public Health and Sanitation
Codes Adoption by Reference Act (N.J.S.A. 26:3-69.1 to 26:3-69.6)
there is hereby established and adopted as the Retail Food Handling
Establishment Code of the Township the whole of Chapter XII of the
State Sanitary Code. A printed copy of the code is annexed to and
incorporated by reference in the ordinance passed on adopting the
code.
b.
Chapter XII of the State Sanitary Code is hereby incorporated in
this section by reference and made a part hereof as fully as though
it had been set forth at length herein.
c.
In accordance with law, 10 copies of the Chapter XII of the State
Sanitary Code have been placed on file in the office of the Township
Clerk and in the office of the Health Department and shall remain
on file in these offices for the use and examination of the public
so long as this section shall remain in effect.
[1978 Code § 17-2.4; Ord. No. 873]
a.
No person shall conduct or operate a retail food establishment within
the Township unless a license to operate same shall have been issued
by the Department of Health. The license shall be posted in a conspicuous
place in such establishment. Such license shall not be transferable.
b.
If an itinerant retail food establishment is the holder of a current
certificate, permit or license to conduct or operate a retail food
establishment issued by the Board of Health or Department of Health
of another jurisdiction of this State, the approval thereof by the
Township Department of Health, hereinafter referred to as an "approval
license," shall constitute the license to operate and conduct same
within the meaning of paragraph a of this subsection. All other provisions
of this subsection shall be applicable to such itinerant retail food
establishment.
c.
There shall be a fee as established in subsection 11-2.7(a) charged for a license or license approval issued pursuant to this section. Retail Food Establishment Licenses, and associated fees are classified as follows:
CLASS I — Food and Drink. Any retail or wholesale food
establishment in which food or drink are prepared for sale or service
on or off the premises, and any other retail eating or drinking establishment
or operation where food is served, handled or provided for the public,
with or without charge. Establishments which offer individually wrapped
food or drink items for sale which are less than 50% of all items
sold are indicated as pre-packaged. Other classifications of food
and drink establishments are based upon seating and smaller nonseating
(less than 12,000 square feet).
CLASS II — Supermarket. Any nonseating food establishment
which is 12,000 square feet or more.
CLASS III — School. Any retail food establishment which
serves an education facility.
CLASS IV — Mobile Food and Drink. Any movable restaurant,
truck, van, trailer, cart, bicycle, or other movable unit including
hand-carried portable containers in or on which food or beverage is
transported, stored, or prepared for retail sale or given away at
temporary locations.
CLASS V — Temporary Retail Food Establishment. Any retail
food establishment which operates at a fixed location for a temporary
period of time not to exceed five days in connection with a fair,
carnival, circus, public exhibition, or similar transitory gathering,
including church suppers, picnics or similar organizational meetings,
mobile retail food establishments, as well as agricultural markets.
[1978 Code § 17-2.5; Ord. No. 873]
a.
No person shall operate a vehicle used in the distribution or sale
of milk or cream within the Township unless a license to operate same
shall have been issued by the Department of Health for the vehicle.
[1978 Code § 17-2.6; Ord. No. 873]
It shall be unlawful for any person whether as principal or
agent, clerk or employee, either for himself or any other person,
or for any body corporate, or as an officer of any corporation, or
otherwise to:
a.
Engage in the operation of one or more machines or devices offered
for public use which, upon insertion of a coin, or token, or by other
means, dispenses unit servings of food or beverages, either in bulk,
or package, without the necessity of replenishing the devices between
each vending operation, without first having applied to and procured
a permit from the Department of Health, or without complying with
any and all of the provisions of Chapter XII of the State Sanitary
Code. Such permit shall not be transferable.
b.
Maintain or permit to be maintained on or in any location in this
Township, one or more machines or devices offered for public use which,
upon insertion of a coin, coins or token, or by other means dispenses
unit servings of food or beverages, either in bulk or package, without
the necessity of replenishing the device from the Department of Health
or without complying with any and all of the provisions of Chapter
XII. Such license shall not be transferable.
[1978 Code § 8-8; Ord. No. 638; Ord. No. 658; Ord. No. 873; Ord. No.
03-08 § 1; Ord. No. 07-14 § VIII; Ord. No. 2016-19 § 2]
a.
Retail food establishment license fee annually:
|
CLASS I
| |
|
Prepackaged only
|
$40
|
|
Nonseating
|
$65
|
|
1-50 seats
|
$85
|
|
51-100 seats
|
$120
|
|
101+ seats
|
$140
|
|
CLASS II
| |
|
Supermarkets (12,000 square feet)
|
$200
|
|
CLASS III
| |
|
Schools
|
$85
|
|
CLASS IV
| |
|
Mobile food and drink
|
$75
|
|
CLASS V
| |
|
Temporary retail food establishments
|
$30
|
|
Temporary retail food establishments for nonprofit
organizations
|
$15
|
b.
Milk or cream, distribution or sale, by motor vehicle, license fee,
annually $10.
c.
There shall be a fee of $25 for each permit issued pursuant to this
section, per year. However, if the establishment sells only pre-packaged
foods such as candy, nuts, fruitcakes and like items, the fee shall
be $20 for foods not contained in indoor vending devices. The fee
for indoor vending machines shall be $10 per machine, with the exception
of gum machines and $0.01 to $0.05 candy machines for which a fee
of $2 per machine shall be charged.
d.
Farmer's Market Licenses shall be issued for the period January 1 to December 31 of each year. There shall be a fee of $75 for each Farmer's Market License issued per calendar year or any portion of a year. The payment is due on or before March 1 of each year and in the event the payment is not received by March 1 the applicant shall be subject to a $25 late fee. Subsection 11-2.8 does not apply to the Farmer's Market License.
[1978 Code § 17-2.7; Ord. No. 873]
Any license or permit issued or approved under this section
shall expire annually on June 30 of each year. Application for renewal
thereof shall be submitted together with the required fee prior to
June 1 of each year.
[1978 Code § 17-2.8; Ord. No. 873]
Any license, license approval or permit issued under this section
may be suspended or revoked for a violation by the holder thereof
of any provision of this section, including Chapter XII of the State
Sanitary Code; after an opportunity for a hearing; by the Department
of Health or its authorized representative.
[Ord. No. 03-08 § 2; Ord. No. 07-14 § 8; Ord. No. 13-14 § 3]
[Ord. No. 5-25]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by Sparta Township so as to protect public health, safety and welfare,
and to prescribe penalties for failure to comply.
[Ord. No. 05-25]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter 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.
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean all animals that are neither human nor domesticated.
[Ord. No. 05-25]
No person shall feed, in any public park or on any property
owned or operated by Sparta Township, any wildlife, excluding confined
wildlife (for example, wildlife confined in zoos, parks or rehabilitation
centers, or unconfined wildlife at environmental education centers).
[Ord. No. 05-25]
[Ord. No. 05-25]
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 $1,000.
[1978 Code § 17-10.1; Ord. No.
892]
It has been determined that the presence of large numbers of
migratory waterfowl on and around ponds and lakes in the Township
causes a public health nuisance in and around said ponds and lakes,
including the surrounding beaches and properties, which is detrimental
to the health and general welfare of the public. The purpose of this
section is to prevent such conduct that may attract such migratory
waterfowl to properties in the Township.
[1978 Code § 17-10.2; Ord. No.
892]
As used in this section:
Shall include those non-domesticated species of birds commonly
known as geese, brant, puddle, diving and sea ducks and any other
waterfowl that generally follow a seasonal migration pattern.
[1978 Code § 17-10.3; Ord. No.
892]
No person shall systematically feed, cause to be fed or provide
a food for migratory waterfowl in the Township on lands either publicly
or privately owned.
[1978 Code § 17-10.4; Ord. No.
892]
This section shall not be construed to prohibit humane acts
towards migratory waterfowl in individual cases, such as the temporary
nurturing of a wounded bird on one's own premises.
[1978 Code § 17-10.5; Ord. No.
892]
The Police Department and members of the Department of Health
are hereby authorized and directed to enforce this section.
[1978 Code § 17-10.6; Ord. No.
892; New]
Any person found to be violating any provisions of this section
shall be first given a written warning, which warning shall be filed
with the Township.
[1978 Code § 15-2.1]
This section shall not be deemed to apply to or include private
swimming pools as defined in Chapter XII, subsection 12-3.1.
[1978 Code § 15-2.2]
As used in this section, definitions herein shall be as set
forth in the New Jersey State Sanitary Code, Chapter IX, Public Recreational
Bathing.
[1978 Code § 15-2.3]
Pursuant to and in accordance with law, the licensing procedures
for public recreational bathing places shall be as set forth herein
pursuant to the authority set forth in the New Jersey State Sanitary
Code, Chapter IX, Public Recreational Bathing.
[1978 Code § 15-2.4]
No persons shall locate and construct, alter or operate, a public
recreational bathing place until the permits or licenses therefor,
as required by the New Jersey State Sanitary Code, Chapter IX, Public
Recreational Bathing, shall have been issued by the Department of
Health of the Township of Sparta.
[1978 Code § 8-11; Ord. No. 15-2.5; Ord. No. 03-08 § 3]
The following fees are hereby established:
[1978 Code § 15-2.6]
a.
Permits to locate and construct or alter a public recreational bathing
place shall expire nine months after issuance unless extended by the
issuing authority for cause.
b.
Licenses issued for the operation of public recreational bathing
places shall expire on May 1st following the date of issuance.
c.
Applications for license renewals, together with the required license
fee, shall be submitted prior to operation in each new license year.
[1978 Code § 15-2.7]
A permit or license required under this section may be denied
or suspended or revoked by the Health Officer of the Township, for
failure to comply with any provision of this section, including the
New Jersey State Sanitary Code, Chapter IX, Public Recreational Bathing.
[Ord. No. 05-28]
a.
Purpose. The purpose of this section is to prohibit illicit connections
to the municipal separate storm sewer system(s) operated by the Township
of Sparta, so as to protect public health, safety and welfare, and
to prescribe penalties for the failure to comply.
[Ord. No. 05-28]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this chapter 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. The definitions below are the same as or
based on corresponding definitions in the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
Shall mean waste and wastewater from humans or household
operations.
Shall mean any physical or nonphysical connection that discharges
domestic sewage, non-contact cooling water, process wastewater, or
other industrial waste (other than stormwater) to the municipal separate
storm sewer system operated by the Township of Sparta, unless that
discharge is authorized under a NJPDES permit other than the Tier
A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852).
Nonphysical connections may include, but are not limited to, leaks,
flows, or overflows into the municipal separate storm sewer system.
Shall mean nondomestic waste, including, but not limited
to, those pollutants regulated under Section 307(a), (b), or (c) of
the Federal Clean Water Act (33 U.S.C. § 1317(b), (b), or
(c)).
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Township of Sparta or other public body, and is
designed and used for collecting and conveying stormwater.
Shall mean a permit issued by the New Jersey Department of
Environmental Protection to implement the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
Shall mean water used to reduce temperature for the purpose
of cooling. Such waters do not come into direct contact with any raw
material, intermediate product (other than heat) or finished product.
Non-contact cooling water may however contain algaecides, or biocides
to control fouling of equipment such as heat exchangers, and/or corrosion
inhibitors.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any water which, during manufacturing or processing,
comes into direct contact with or results from the production or use
of any raw material, intermediate product, finished product, by product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted
to the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 05-28]
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Township of Sparta any domestic sewage, non-contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
[Ord. No. 05-28; Ord. No. 07-14 § VIII]
This section shall be enforced by the Police Department or Registered
Environmental Health Specialist.
[Ord. No. 05-28]
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 $2,000.
[1978 Code § 17-8.1; Ord. No. 721 § 1]
a.
Title. This section shall be known and cited as the Air Pollution
Control Regulations of the Township of Sparta.
b.
Findings and Policy. It is hereby declared that air pollution 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 preventing and reducing atmospheric pollution, it is hereby declared
to be the policy of the Township to minimize air pollution as herein
defined and to establish standards governing the installation, maintenance
and operation of equipment and appurtenances relating to combustion,
which is a source or potential source of air pollution.
[1978 Code § 17-8.2; Ord. No. 721 § 2]
As used in this section:
Shall mean solid particles, liquid particles, vapors or gases
which are discharged into the outdoor atmosphere.
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.
Shall mean actinolite, amosite, anthophyllite, chrysotile,
crocidolite, tremolite.
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 the person or persons who are authorized by this
section to exercise the powers prescribed by this section.
Shall mean those chemicals used as insecticides, rodenticides,
fungicides, herbicides, nematocides or defoliants.
Shall mean any material which can be crumbled, pulverized,
or reduced to powder by hand pressure.
Shall mean solid, liquid or gaseous materials used to produce
useful heat by burning.
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 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.
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 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 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.
Shall mean any action, operation or treatment embracing chemical,
industrial, manufacturing or processing factor, 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 include all vehicles propelled otherwise than by muscular
power, expecting such vehicle as run only upon rails or tracks.
Shall mean the 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 of an incinerator.
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 air space outside of buildings, stacks or exterior
ducts.
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 shall have
charge 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, administratrix, 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 a joint responsibility
over the portion of the premises sublet or assigned by said lessee.
Shall mean any material, except uncombined water, which exists
in finely divided form as liquid particles or solid particles at standard
conditions.
Shall mean and shall include corporations, companies, associations,
societies, firms, partnerships and joint stock companies, as well
as individuals, and shall also include all political subdivisions
of this State or any agencies or instrumentalities thereof.
Shall mean vegetation including but not limited to trees,
tree branches, leaves, yard trimmings, shrubbery, grass, weeds and
crops.
Shall mean rubbish, garbage, trade waste and plant life.
Shall be Ringelmann's Scale for Grading for Density
of Smoke, as published by the United States Bureau of Mines, or any
chart, recorder, indicator or device which is approved by the New
Jersey Department of Environmental Protection as the equivalent of
said Ringelmann's Scale for the measurement of smoke density.
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, paper, ashes, furniture, tin cans,
glass, crockery, masonry and other similar materials.
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.
Shall mean small gasborne or airborne particles, exclusive
of water vapor, arising from a process of combustion in sufficient
number to be observable.
Shall mean particles of rigid shape and definite volume.
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.
Shall mean a flue, conduit or opening designed and constructed
for the purpose of emitting air contaminants into the outdoor air.
Shall be 70° F. and one atmosphere pressure (14.7 psia
or 760 mm Hg).
Shall mean all waste solid or liquid material 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.
Shall mean smoke which obscures light to a degree readily
discernible by visual observation.
[1978 Code § 17-8.3; Ord. No. 721 § 3]
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.
[1978 Code § 17-8.4; Ord. No. 721 § 4]
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.
[1978 Code § 17-8.5; Ord. No. 721 § 5]
a.
No person shall cause, suffer, allow or permit visible smoke to be
emitted into the outdoor air from combustion of fuel in any stationary
indirect heat exchanger except as provided in paragraph b.
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, and 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 above shall not apply to smoke
which is visible for a period of not longer than three minutes in
any consecutive 30 minute period.
d.
The provisions of this section shall not apply to direct heat exchangers
or manufacturing processes, or any motor vehicle while operating on
the public highways.
e.
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.
[1978 Code § 17-8.6; Ord. No. 721 § 6]
a.
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.
b.
The provisions of this section shall not apply:
1.
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 30 minute period;
2.
To source operations issued a variance by the New Jersey Department
of Environmental Protection in accordance with subchapter 6.5 of the
New Jersey Administrative Code;
3.
To indirect heat exchanger;
4.
To incinerators;
5.
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.
[1978 Code § 17-8.7; Ord. No. 721 § 7]
a.
Except as herein 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 information for each such
stack or chimney relating to place, type of fuel burned, heat content
in fuel burned, quantity of fuel burned per hour and/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 and 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 number of person
or persons responsible for day-to-day operation and, also, or person
or persons responsible for maintenance of any such equipment. Any
change in the name, address or telephone number of such person or
persons shall be reported within 10 days of the occurrence of such
change to the Director.
b.
Such 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
of Sparta. 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 for a heat input rate not more than 1,000,000 British Thermal
Units (BTU) per hour unless the equipment is designed for or actually
using #4, #5 or #6 fuel oil or coal.
[1978 Code § 17-8.8; Ord. No. 721 § 8; Ord. No. 07-14 § VIII]
a.
No person shall operate or permit the operation of an incinerator
in the Township without a permit issued by the Sussex County Health
Department. The Sussex County Health Department 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 section.
All permits shall be issued by the Sussex County Health Department
and shall expire on September 15th 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 $25 payable to the Township of Sparta.
b.
No person shall operate or permit the operation of an incinerator
in the Township before 9:00 a.m. or after 5:00 p.m., and all operation
shall be completely terminated by 5:00 p.m. including complete extinction
of the fire and removal of materials from the firebox to a noncombustible
container and in a safe manner, provided, however, that the Director
may, by special permit, 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.
c.
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.
d.
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.
e.
The provisions of subsection 11-8.4 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 or 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 no greater than three consecutive minutes.
f.
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.
g.
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.
[1978 Code § 17-8.9; Ord. No. 721 § 9]
a.
No person shall cause, suffer, allow or permit surface coating by
spraying on any building, structure, facility, installation or internal
or external portion thereof, asbestos or friable material containing
in excess of 0.25% (by weight) asbestos.
b.
Tests.
1.
Any person responsible for the manufacture, application of use of
any coating which the Director, or any agent thereof, has reason to
believe contains asbestos shall, when requested by the Director, conduct
such tests as are necessary in the opinion of the Director to determine
the presence and the amount and/or kinds of asbestos in the coating.
Such tests shall be conducted in a manner approved by the Director
and shall be made at the expense of the person responsible.
2.
The Director may waive the testing requirements of paragraph 1 above
upon receipt of a materials specification report from the material
manufacturer certifying that the asbestos content of the surface coating
for which testing is required complies with the provisions of paragraph
a.
[1]
Editor's Note: Former subsection 11-8.10, Director of
Air Pollution Control, previously codified herein and containing portions
of 1978 Code § 17-8.10 and Ordinance No. 721, was repealed
in its entirety by Ordinance No. 07-14.
[1978 Code § 17-8.11; Ord. No.
721 § 11]
a.
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. Such procedures 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.
b.
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.
c.
Where the Director or his agency 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.
d.
Search Warrant or Access Warrant. The Director may, upon affidavit,
apply to the Judge of the Municipal Court of the Township of Sparta
for a search warrant setting forth factually the actual conditions
and circumstances that provide a reasonable basis for believing that
a violation of this section 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 Township for periodic inspections of premises of the type involved;
2.
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 section exist;
3.
Circumstances such as age and design of fuel-burning equipment and/or
system, type 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 Township of Sparta
is satisfied as to the matter 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.
|
e.
All buildings and premises subject to this section are subject to
inspection from time to time by the Director of Air Pollution Control
or his duly authorized representatives: All rooms and areas in the
building shall be available and accessible for such inspection which
shall be made during usual business hours if the premises are used
for nonresidential purposes, provided, however, that inspections may
be made at other times if:
1.
The premises are not available during the foregoing hours for inspection;
2.
There is reason to believe that violations are occurring on the premises
which can be determined and proved by inspection only 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.
[1978 Code § 17-8.12; Ord. No.
721 § 12]
a.
Any person who shall violate any of the provisions of this section, or who shall fail to comply therewith or with any of the requirements thereof, shall upon conviction thereof, be liable for the penalty stated in Chapter 1, Section 1-5 for each violation. Each day that such violation shall continue shall constitute a separate offense.
b.
The violation of any section or subsection of this section 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 section.
[1978 Code § 17-8.13; Ord. No.
721 § 13]
a.
This section is to be liberally construed to effectuate the purpose
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.
b.
If any section, subsection, paragraph, sentence, clause, phrase,
or work contained in this section shall be declared invalid for any
reason whatsoever, such decision shall not affect the remaining portions
of this section which shall remain in full force and effect.
c.
This subsection is promulgated and adopted in accordance with Section
26:2C-8 of P.L. 1954, C.212 (Title 26:2C-1 to 2C-23), amended by P.L.
1962, C.215; P.L. 1967, C.105; and P.L. 1967, C.106; and nothing contained
herein or any action taken hereunder is to be interpreted as being
in conflict with the New Jersey Air Pollution Control Act and the
New Jersey Administrative Code.
[1978 Code § 17-5.1]
This section shall be known and may be cited as "The Dredging
Regulations of the Township of Sparta."
[1978 Code § 17-5.2]
As used in this section:
Shall mean and include any activity undertaken or employed,
with the use of any tool, machine, apparatus, or equipment, to catch,
gather, bring up, clear out, clean, excavate, or remove sand, mud,
silt, debris, solid substances or materials from beneath the surface
of the water which has naturally or artificially settled, collected,
accumulated therein, or at the bottom thereof.
Shall mean and include dredging and any and all other procedures,
operations, or activities undertaken, conducted, or employed, directly
or indirectly in, for or during an entire project from preparation
and planning for the dredging itself to ultimate removal of all dredged
materials from the Township, including the ultimate disposition thereof.
Shall mean and include any naturally or artificially created,
confined, or impounded lake, pond, pool, or other body of water, irrespective
of the use to which the same is devoted, expressly excepting, however,
all streams, brooks, rivers, inlets and estuaries, and further excepting
all commercially fabricated swimming pools.
[1978 Code § 17-5.3]
No person shall undertake or cause to be undertaken the cleaning,
excavation, or dredging (all hereinafter referred to synonymously
as dredging) of any lake, situate entirely or partially, in the Township
without having first obtained a permit therefor from the Township
Department of Health. Such permit shall be known and entitled a "dredging
permit."
[1978 Code § 17-5.4]
Every person seeking to conduct any dredging activities shall,
before undertaking the same, submit to the Township Department of
Health an application for a dredging permit containing the following
information:
a.
The name of the lake to be dredged and the name and the address of
the owner or owners thereof.
b.
A sketch plat of the lake to be dredged, drawn at a scale of not
less than one inch equal to 200 feet, prepared by a Professional Engineer
or Land Surveyor, licensed by the State of New Jersey, and including
thereon the following data:
1.
Area or areas to be dredged, showing the acreage of each and the
existing and proposed depth of each.
2.
Proposed locations of all dredging tools, machines, apparatus and
equipment and the relocations thereof if the same are to be moved
during the conduct of the dredging activities.
3.
Proposed areas to be used and employed for the collection, transfer
and stockpiling of dredged materials.
4.
Location of dikes, berms, walls or other devices intended to contain
and confine the dredged materials during the collection, transfer
and stockpiling thereof.
c.
Description of the number, type, and size of all tools, machines,
vehicles, apparatus, and equipment to be used and employed for, in,
and during the dredging activities.
d.
Proposed methods, procedures and measures to be used and employed
in the control of odor or noxious fumes which will, may or can, reasonably
be expected to emanate from the collected, transferred, or stockpiled
materials.
e.
Estimated duration for completion of the dredging activities with
a fixed, determined and established date of termination and completion.
f.
Proposed methods, procedures and measures to be used and employed
in removing the dredged materials from the areas of collection, transfer,
or stockpiling, including the roads, streets, or highways in the Township
to be traversed during the removal of the same.
g.
A true copy of the contract pursuant to the terms of which the dredging
activities shall be conducted.
h.
The written consent of the owner or owners of the lake to be dredged
whenever the applicant for a dredging permit is not the sole owner
thereof. Where the owner of the lake to be dredged is:
1.
A corporation, such application or consent as the case may be, must
be accompanied by a corporate resolution permitting the proposed dredging
project, duly certified by the secretary thereof, under the seal of
the corporation, and acknowledged before a person authorized to administer
oaths in the State of New Jersey; or
2.
A partnership or association, such application or consent, as the
case may be, must be accompanied by a certificate permitting the proposed
dredging project, naming the person appointed to act for or on behalf
of such partnership or association, duly certified by an officer or
general partner thereof and acknowledged before a person authorized
to administer oaths in the State of New Jersey; or
3.
A single person or several non-affiliated persons, such application
or consent, as the case may be, shall be acknowledged before a person
authorized to administer oaths in the State of New Jersey.
i.
Proposed methods, procedures and measures to be used and employed
to prevent pollution resulting from dredging activities of any bathing
area, lake (including the lake to be dredged), stream, brook, river,
water course, reservoir, inlet, bay, estuary, well, water body, water
supply, or water system.
j.
Proposed methods, procedures, and measures to be used and employed
in dealing with, processing, treating, utilizing or disposing of the
dredged materials anywhere within the Township.
k.
Evidence of compliance with all statutes, codes, rules, and regulations
applicable to the dredging activities to be conducted hereunder, enacted,
adopted or promulgated by the United States of America or the State
of New Jersey, or any agency, bureau, department, or division thereof.
[1978 Code § 17-5.5]
a.
Dredged materials shall be removed from all areas where the same
have been collected, transferred or stockpiled on or before the date
fixed for termination and completion of the dredging project.
b.
No dredged materials shall remain in any area where the same have
been collected, transferred, or stockpiled for a period in excess
of 180 days, thereby avoiding the creation of any danger or hazard
to the health, safety or welfare of the inhabitants of the Township.
At its discretion, the Township Council may permit an extension of
time for removal not to exceed 90 days for just cause submitted by
the applicant.
[1978 Code § 17-5.6]
a.
All dredging permits issued hereunder shall expire on the date fixed
for termination and completion recited therein. No dredging activities
shall be conducted thereafter except upon application for and the
issuance of a new dredging permit in accordance with the provisions
hereof and the payment of the appropriate fees.
b.
The fee payable to the Township for and upon the issuance of a dredging
permit shall be determined in the following manner:
$0.005 per estimated cubic yard of material to be removed, provided
however, that fee shall not be less than $100.
c.
Such fee is imposed to defray the costs and expenses incurred by
the Township in processing the application for a dredging permit and
in providing for supervision of dredging activities by its Department
of Health.
[1978 Code § 17-5.7]
No tool, machine, apparatus, equipment or truck or earth-moving
motor-drawn or motor-driven vehicle used or employed for, in or during
dredging activities shall be operated except during the hours from
8:00 a.m. to 6:00 p.m., prevailing time, provided, however, that no
such activity shall be conducted on any Saturday, Sunday, or legal
holiday observed in the State of New Jersey.
a.
Motor-drawn or motor-driven vehicles used and employed for, in, or
during dredging activities shall prominently bear the name and address
of the owner on both sides thereof pursuant to the requirements of
New Jersey Statutes in such cases made and provided, the amendments
thereto and the supplements thereof.
b.
Motor-drawn or motor-driven vehicles used and employed for, in, or
during a dredging project to carry away, remove or transport any dredged
materials shall all times while in transit maintain the load in place
by securing the same with a tarpaulin or other cover pursuant to the
amendments thereto and supplements thereof, and pursuant to the requirements
of any rule or regulation promulgated by the Director of the Division
of Motor Vehicles of the State of New Jersey.
c.
Any dredged materials falling, spilling, or emptying from a motor-drawn
or motor-driven vehicle in, over, or upon any public or private property,
road, street, or highway, in the Township, shall be immediately collected
and removed therefrom and shall in no event remain thereon for a period
in excess of 24 hours.
[1978 Code § 17-5.9]
There is hereby adopted by reference, made a part hereof as
is fully set forth herein, and to be construed as pari material herewith,
the following statutes, ordinances, codes, rules and regulations:
a.
Regulation No. 1-10, Pertaining to the New Jersey Boat Act of 1952
(L. 1962, c. 73);
b.
Section Nos. 80.18, 80.20, 80.21, 80.22, 80.23, 80.24, 80.25, and
80.29, of Part 80, Subchapter D entitled "Navigation Requirements
for Certain Inland Waters," Chapter I entitled "Coast Guard, Department
of the Treasury" as embodied in Coast Guard Pamphlet No. CG-169, dated
September 1, 1962. Ten copies thereof have been placed on file in
the office of the Township Clerk and in the office of the Department
of Health and shall there remain for the use and examination of the
public as long as this section shall remain in effect.
[1978 Code § 17-5.10]
No dredging permit shall be issued unless and until a cash performance
guarantee shall have been filed with the Township sufficient in amount,
as estimated by the Township Engineer, to restore to their original
condition all areas affected by the dredging project, excluding, however,
those areas lying beneath the surface of the water of the lake being
dredged.
[1978 Code § 17-5.11]
The conduct of any dredging project contrary to any provision
of this section is hereby declared to be a nuisance, detrimental to
the public health, safety and welfare.
[1978 Code § 17-5.12]
[1978 Code § 17-5.13]
This section and the activities conducted hereunder shall be
supervised and enforced by the Township Department of Health.
