[HISTORY: Adopted by the Council of the Borough of Lawnside 3-1-1967 by Ord. No. 113-1967. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Substances having a pH lower than 7.0.
The presence in the outdoor atmosphere of one or more air
contaminants or combination thereof in such quantities and of such
duration that they are or may tend to be injurious to human, plant
or animal life or property, or which unreasonably interfere with the
comfortable enjoyment of life or property or with the conduct of business.
(This language makes it unnecessary to show that life or property
already have been affected or that their comfortable enjoyment already
has been unreasonably disturbed, so long as the pollution situation
is generally known to produce those results. The definition encompasses
the preventative and abatement aspects.)
All organic compounds with a —CHO group as in:
 |
Substances having a pH of more than 7.0
A colorless gas at standard conditions which has the molecular
formula NH3.
A colorless gas at standard conditions which has the molecular
formula AsH3.
The air that envelopes or surrounds the earth. Where air
pollutants are admitted into a building not designated specifically
as a piece of air pollution control equipment, such emission into
the building shall be considered an emission into the "atmosphere."
All inorganic or organic compounds having an atom or atoms
of beryllium in their chemical structure.
A governmental agency which exerts police law locally in
matters of public health.
A colorless, odorless gas at standard conditions which has
a molecular formula CO.
Solid, liquid or gaseous fuels normally produced, manufactured
or sold for the purpose of creating useful heat.
Solid particles of any size released into the atmosphere.
An invisible or visible emanation; an offensive exhalation
or smell; an action or process of flowing out.
Airborne particles consisting essentially of ash and/or burned
combustible materials entrained in the gaseous products of combustion.
Any form of combustible matter, either solid, liquid, vapor
or gas, excluding combustible refuse.
Solid particles commonly formed by the condensation of vapors
from normally solid materials.
Matter in the aeriform state; that fluid form of matter which
is compressible within limits and which, owing to the relatively free
movement of its molecules, diffuses readily in other like forms of
matter and is capable of indefinite expansion in all directions.
All inorganic or organic compounds having an atom or atoms
of a halogen (bromine, chlorine, fluorine or iodine) in their chemical
structure.
The Health Officer of the borough or his authorized representatives,
agents or assistants.
A colorless liquid at standard conditions which has a molecular
formula of HCN.
A colorless gas at standard conditions which has a molecular
formula HF.
A colorless gas at standard conditions which has a molecular
formula H2S.
Effluents which are invisible to the naked eye; of or relating
to minute separate particles.
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.
Changing of odor which is a by-product of a process or combustion
without removal of agents which constitute air pollution.
Finely divided liquid particles which are dispersed in the
atmosphere.
All chemical compounds which consist of one or more atoms
of nitrogen in combination with one or more atoms of oxygen.
That property of a substance that affects the sense of smell.
Of, pertaining to, or connected with the sense of smell.
Any fire from which the products of combustion are emitted
directly into the open air without passing through a stack or chimney.
A colorless gas at standard conditions which has the molecular
formula O3.
The number of cubic centimeters of a chemical or compound
in the vapor phase in 1,000 liters of effluent, both at standard conditions.
Any person, firm, association, organization, partnership,
business trust, corporation, company, contractor, supplier, installer,
user or owner, or any state or local governmental agency or public
district or any officer or employee thereof.
Any organic compound containing an hydroxyl (— OH)
group, attached to an aromatic nucleus such as a benzene or pyridine
ring, whether or not said benzene or pyridine ring is fused to other
rings (polycyclics) and whether or not other functional groups, such
as amino groups, aldehyde groups, nitro groups, etc., are present
in the molecule.
A colorless gas at standard conditions which has a molecular
formula PH3.
A calculated distance in feet which represents the vertical
ascent of the air contaminants above the stack or chimney.
A condition caused by air pollution which as to any person
or persons interferes with health, repose or safety, or causes annoyance
or discomfort, or produces irritation of the upper respiratory tract,
or produces symptoms of nausea, or is offensive or is objectionable,
or both, or is likely to cause injury or damage to plant or animal
life or real or personal property of any kind, or interferes with
the normal conduct of business.
Any action, operation or treatment embracing chemical, industrial
or manufacturing factors, such as heat-treating furnaces, by-product
coke plants, core baking ovens, mixing kettles, cupolas, blast furnaces,
open-hearth furnaces, heating and reheating furnaces, puddling furnaces,
centering plants, Bessemer converters, electric steel furnaces, furs
and nonfurs foundries, kilns, spills, dryers, roasters and equipment
used in connection therewith, and all other methods or forms of manufacturing
of processing that may emit smoke, particulate matter or gaseous matter.
The official governing body of the area or areas in question
and their authorized representatives delegated to enforce the air
pollution controls.
Includes garbage, waste, rubbish and leaves.
The Ringelmann Scale for grading the density of smoke, as
published by the United States Bureau of Mines, or any recorder, indicator
or device for the measurement of smoke density which is approved by
the State Department of Health or the borough as equivalent to said
Ringelmann Scale.
Small gas-borne particles resulting from incomplete combustion
or industrial process, consisting predominately but not exclusively
of carbon, ash and other combustible material.
Carbonaceous material which settles inside the boiler passes
and which must be periodically removed so as not to interfere with
heat transfer.
Any process or any identifiable part thereof emitting air
contaminants into the outdoor atmosphere through one or more stacks
or chimneys. For purposes of this definition, identical processes
shall be considered as separate "source operations."
The point of origin from which air pollution effluents originate.
The vertical distance measured in feet between the point
of discharge from the stack or chimney into the outdoor atmosphere
and the elevation of the land thereunder.
A flue, conduit or opening permitting particulate or gaseous
emissions into the open air or constructed or arranged for such purpose.
Seventy degrees Fahrenheit and one atmospheric pressure [14.7
pounds per square inch absolute or 760 millimeters of mercury].
All inorganic or organic chemicals having an atom or atoms
of sulfur in their chemical structure, except hydrogen sulfide.
A colorless gas at standard conditions which has the molecular
formula SO2.
A heavy colorless liquid which solidifies at 68° F. and
has the molecular formula of SO3.
A heavy, corrosive, oily, colorless, dibasic, strong acid
having the molecular formula of H2SO4.
Poisons due to burning, combustion of substances or to chemical
actions and reactions between substances, liquids, gases due to processing
of any type or form.
The gaseous phase of any substance which is not in the gaseous
phase under standard conditions of temperature and pressure; the gaseous
form of a substance normally in the liquid or solid state.
A.
The emission of vapors, gases or mists of any sort, including water
vapor, of such a density or color that a completely opaque plume or
effluent results at the point of emission into the outdoor atmosphere,
is prohibited.
B.
The emission of water vapor, gases or mists in such densities that
the resulting plume or effluent is less than completely opaque is
prohibited if such emission contains odoriferous, toxic, irritant
or allergenic components.
C.
No person shall cause, suffer, allow or permit smoke from any fuel-burning
equipment, the shade or appearance of which is darker than No. 2 of
the Ringelmann Smoke Chart, to be emitted into the atmosphere.
D.
The provisions of Subsection C shall not apply to:
(1)
Smoke emitted during the cleaning of a firebox or the building of
a new fire, the shade or appearance of which is not darker than No.
3 of the Ringelmann Smoke Chart for a period or periods aggregating
no more than three minutes in any 15 consecutive minutes.
(2)
Smoke resulting from any fire ignited solely for the purpose of training
or research in fire prevention or protection, provided that the Board
of Health is notified in writing at least 48 hours prior to the ignition
of any such fire.
A.
No person shall cause, suffer, allow or permit any odor to be discharged
from any stack, chimney or other source point into the atmosphere
which creates a nuisance and which is commonly recognized as offensive
or objectionable or which is unpleasant and considered a nuisance
to persons possessing normal olfactory senses. "Odor" and "smell"
are used herein interchangeably.
B.
No person shall cause, suffer or allow the emission of an effluent
of any kind containing any concentration whatever of an agent or agents
which are objectionable because of their toxicity, allergenic or irritant
properties or their odor, which because of the properties of the effluent
or by the manner of emission produces at the ground level a visible
haze or fog, however light, or an odor, irritation or allergenic reaction
detectable to human senses or an adverse effect upon plants or animals.
C.
The masking or changing of odor which is a by-product of a process
or combustion is prohibited when such odor is caused by a person conducting
a service, process or fabrication. Masking of odor is possible only
when factual evidence is presented to the Board of Health to show
that such odor masking is proposed for an emission which is not otherwise
prohibited by this chapter.
A.
No person shall cause, suffer, allow or permit open burning of refuse
or conduct a salvage operation by open burning.
B.
Where no other alternative method is available which is without hazard
to safety and health, a special permit for open burning may be issued
by the Board of Health after the person has provided information to
the satisfaction of the Board of Health. Such information, in affidavit
form, if so required, shall indicate that:
(1)
There is no adequate alternative without hazard to safety and health.
(2)
Adequate safeguards and supervision shall be provided to eliminate
any danger to persons and/or property.
(3)
Burning shall be done in a manner, time and place and under such
meteorological conditions as to minimize air pollution and air pollution
nuisance.
C.
The issuance of the special permit shall carry with it a fee of $25.
It shall indicate the limitations as to character, quantity, time,
place and conditions of burning.
A.
Discharge regulations. No person shall cause, suffer, allow or permit
fly ash caused by the combustion of solid fuel to be discharged from
any stack or chimney into the open air in excess of the quantity set
forth in one or the other of the following tables, whichever is applicable:
(1)
Existing installations. For the purposes hereof, the heat in solid
fuel burned shall be the aggregate heat content, based on the highest
heating value, of all solid fuels whose products of combustion pass
through such stack or chimney. For a heat content between any consecutive
heat contents stated in the table below, the fly ash limitation shall
be as determined by interpolation.
|
Heat in Fuel Burned
(British thermal units per hour)
|
Fly Ash Emission Rate
(pounds per hour)
|
|---|---|
|
1,000,000
|
1
|
|
100,000,000
|
100
|
|
400,000,000
|
330
|
|
1,000,000,000
|
750
|
|
2,000,000,000
|
1,365
|
|
3,000,000,000
|
1,850
|
|
4,000,000,000
|
2,260
|
|
5,000,000,000
|
2,640
|
|
6,000,000,000
|
2,950
|
|
7,000,000,000
|
3,200
|
|
8,000,000,000
|
3,410
|
|
10,000,000,000
|
3,750
|
(2)
New installations. For the purposes hereof, the heat in solid fuel
burned shall be the aggregate heat content, based on the highest heating
value, of all solid fuels whose products of combustion pass through
such a stack or chimney. For a heat content between any two consecutive
heat contents stated in the table below, the fly ash limitation shall
be as determined by interpolation.
|
Heat in Fuel Burned
(British thermal units per hour)
|
Fly Ash Emission Rate
(pounds per hour)
|
|---|---|
|
1,000,000
|
1
|
|
10,000,000
|
8
|
|
50,000,000
|
27
|
|
100,000,000
|
46
|
|
200,000,000
|
77
|
|
400,000,000
|
124
|
|
600,000,000
|
162
|
|
800,000,000
|
196
|
|
1,000,000,000
|
228
|
|
2,000,000,000
|
350
|
|
3,000,000,000
|
453
|
|
4,000,000,000
|
540
|
|
5,000,000,000
|
615
|
|
6,000,000,000
|
680
|
|
7,000,000,000
|
740
|
|
8,000,000,000
|
800
|
|
9,000,000,000
|
840
|
|
10,000,000,000
|
888
|
B.
Information required.
(1)
Persons burning solid fuels whose products of combustion are discharged
into the open air from a stack or chimney shall submit to the Board
of Health information for each such stack or chimney, relating to
place, type of fuel burned per hour, description of combustion equipment,
period of operation, height and size of outlet and description of
dust-removal equipment.
(2)
Such information shall be submitted to the Board of Health in the
case of existing installations within 90 days from the effective date
of this chapter, and in the case of new or altered installations,
within 90 days after being placed in service. From time to time, additional
reports concerning these items may be requested by the Board of Health.
A.
Discharge regulations for various compounds.
(1)
No person shall cause, suffer, allow or permit any of the following
compounds in the form of gases, vapors or liquid particles to be discharged
from any stack, chimney or other source into the outdoor atmosphere
in excess of the maximum allowable concentrations. The maximum allowable
concentrations of this section apply to all emissions except those
from motor vehicles or other mobile power plants, such as railroad
engines, and except emissions from heating systems of owner-occupied
residences inhabited by no more than two families. This section does
not apply to chemicals used in conventional agricultural methods to
control pests and diseases of crops and vegetation, nor shall this
section apply to area fogging and spraying for the control of mosquitoes
performed by or at the instance of a responsible governmental agency;
provided, however, that notification shall be provided to the Board
of Health of the dates, areas, quantities and nature of sprays and
fogs used in mosquito control.
|
Compound or Element
|
Maximum Allowable Concentration
(parts per million)
|
|---|---|
|
Aldehydes (expressed as formaldehyde)
|
0.15
|
|
Ammonia
|
10.00
|
|
Arsine
|
0.00
|
|
Carbon monoxide
|
30.00
|
|
Halogen compounds (except freons)
|
0.00
|
|
Hydrogen cyanide
|
0.00
|
|
Hydrogen sulfide
|
0.00
|
|
Mercury
|
0.00
|
|
Nitrogen oxides
|
5.00
|
|
Ozone
|
0.01
|
|
Phenols (expressed as phenol)
|
0.50
|
|
Phosphine
|
0.00
|
|
Sulfur dioxide
|
1,000.00
|
(2)
Area fogging and spraying for the control of mosquitoes shall be performed by the local responsible agency, provided that written approval for the fogging operation shall be obtained from the Board of Health annually during the first quarter of each calendar year. Concentrations referred to in Subsection A(1) may be determined at some point prior to the point of emission if it is known that the results obtained at that point would not be lower than at the point of emission.
(3)
Whenever the person responsible for the discharge of any compound or element in Subsection A(1) in the form of gases, vapors or liquid particles believes that such compound or element does not contribute to air pollution to the degree represented by the maximum allowable concentration, he may submit data to the Board of Health setting forth reasons and justifications for a less restrictive allowable concentration. If the change is approved by the Board of Health, the Board of Health shall assign a revised maximum allowable concentration for such compound or element, which shall be used for the purpose of this subsection.
B.
Discharge regulations for sulfur compounds.
(1)
The rate at which SO2 is discharged through any stack or chimney into the outdoor atmosphere shall not exceed the allowable emission rate as set forth in Subsection B(14).
(2)
Any person responsible for the emission of SO2 through a stack or chimney, into the outdoor atmosphere shall provide
the facilities and necessary equipment and shall conduct stack tests
using methods approved by the Board of Health. Such tests shall include
a determination of the SO2 concentration, the
total gas volume being discharged and the gas temperature and pressure
at the sampling point in the stack or chimney. The data shall be recorded
in a permanent log at least once each hour. This data shall be maintained
for a period of not less than one year and shall be available for
review by the Board of Health.
(3)
Whenever the person responsible for the discharge of SO2 believes the testing requirements set forth in Subsection B(2) to be excessive because his emissions are well under the allowable emission rate or because his process produces predictable concentrations and emission rates, he may apply to the Board of Health for a waiver or a modification of the stack testing requirement. If a waiver or modification is approved by the Board of Health, the Board of Health shall notify the person of such approval in writing.
(4)
The provisions of Subsection B(2) shall not apply whenever the total volume of gases discharged from a stack or chimney is less than 1,000 cubic feet per minute at standard conditions.
(5)
Whenever the discharge from a stack or chimney includes SO3 and H2SO4, the combined concentration of SO3 and H2SO4 in the gases being discharged,
when converted and expressed as H2SO4, shall not exceed five milligrams per cubic foot at
standard conditions, and the rate at which the combined quantity of
SO3 and H2SO4, when converted and expressed as H2SO4, is discharged, shall not exceed the allowable emission rate as set forth in Subsection B(14).
(6)
Any person responsible for the emission of SO3 and H2SO4 through
a stack or chimney into the outdoor atmosphere shall, when requested
by the Board of Health, provide the facilities and necessary equipment
for determining the combined quantity of SO3 and H2SO4, when converted
and expressed as H2SO4, being discharged from the stack or chimney, and shall conduct stack
tests using methods approved by the Board of Health. Such tests may
include a determination of the SO3 and H2SO4 concentrations, the total
gas volume being discharged and the gas temperature and pressure at
the sampling point in the stack or chimney, and the data shall be
recorded in a permanent log at such time intervals as specified by
the Board of Health. The data shall be maintained for a period of
not less than one year and shall be available for review by the Board
of Health.
(7)
Whenever the discharge from a stack or chimney includes sulfur compounds
in the form of gases, vapors or liquid particles other than SO2, SO3 and H2SO4, the rate at which the total quantity of sulfur in these sulfur compounds is discharged shall not exceed the allowable emission rate as set forth in Subsection B(14).
(8)
Any person responsible for the emission of sulfur compounds in the
form of gases, vapors or liquid particles, other than SO2, SO3 and H2SO4, through a stack or chimney into the outdoor
atmosphere shall, when requested by the Board of Health, provide the
facilities and necessary equipment for determining the combined quantity
of such sulfur compounds, when converted and expressed as sulfur,
being discharged from the stack or chimney, and shall conduct stack
tests using methods approved by the Board of Health. Such tests may
include a determination of the sulfur concentrations, the total gas
volume being discharged and the gas temperature and pressure at the
sampling point in the stack or chimney, and the data shall be recorded
in a permanent log at such intervals as specified by the Board of
Health. The data shall be maintained for a period of not less than
one year and shall be available for review by the Board of Health.
(9)
The provisions of this subsection shall not apply to:
(10)
Whenever the person responsible for the discharge of a sulfur compound
in the form of gases, vapors or liquid particles other than SO2, SO3 and H2SO4, believes that such sulfur compound does
not contribute to air pollution to the degree represented by the allowable
emission rate, he may submit data to the Board of Health setting forth
reasons and justifications for a less restrictive allowable emission
rate. If the change is approved by the Board of Health, the Board
of Health shall assign a revised allowable emission rate for such
sulfur compound, which shall be used for the purpose of this subsection.
(11)
Any person responsible for the emission of sulfur compounds in the
form of gases, vapors or liquid particles through a stack or chimney
shall, upon request of the Board of Health, provide in connection
with such stack or chimney such sampling facilities and testing facilities,
exclusive of instruments and sensing devices, as may be necessary
for the Board of Health to determine the quantity and concentration
of such sulfur compounds which are or may be discharged through such
stack or chimney. Such facilities may be either permanent or temporary,
at the discretion of the person responsible for their provision, and
shall conform to all applicable laws and regulations concerning safe
construction or safe practice.
(12)
Whenever sulfur compounds in the form of gases, vapors or liquid
particles from one source operation are discharged through two or
more stacks or chimneys, the total quantity that may be discharged
from any one stack or chimney shall not exceed the allowable emission
rate permitted for that stack or chimney, nor shall the total quantity
that may be discharged from all the stacks exceed the allowable emission
rate that would be permitted from the single stack or chimney having
the greatest allowable emission rate.
(13)
Any person responsible for a source operation which discharges sulfur
compounds in the form of gases, vapors or liquid particles through
a stack or chimney and who, in the process of starting up or shutting
down such operation, anticipates discharges in excess of those allowable
under this subsection, shall, before engaging in such operation, file
an affidavit with the Board of Health, stating the following:
(a)
The name, address and telephone number of the person submitting
the affidavit; if such person is a legal entity, the name and address
of the individual authorized to accept service of process on its behalf
and the name of the officer in charge of the premises where the source
operation is located.
(b)
The type of business or activity involved.
(c)
The general nature of the source operation and the proposed
operating practice.
(d)
Duration of the period for which emissions or concentrations
in excess of the allowable emission or concentrations can be expected
and magnitude of such emissions or concentrations.
(e)
Frequency of start-up and shutdown.
(f)
Reasons why excessive emissions or concentrations cannot be
avoided during starting-up or shutdown period.
|
The Board of Health may, for reasons set forth in the affidavit,
authorize a waiver of the discharge requirements of this subsection;
provided, however, that such waiver shall not apply to any period
of operation other than that period set forth as process start-up
and shutdown.
|
(14)
The allowable emission rates for sulfur compounds in the form of
gases, vapors or liquid particles shall be computed as follows:
Step 1: Establish the stack height.
Step 2: Locate the value obtained from Step 1 on the scale along
the left side of the chart for Allowable Emission Rates for Sulfur
Compounds.[1]
Step 3: Draw a horizontal line across the chart from the value
determined in Step 2 to the point where this line intersects the line
on the chart corresponding to the sulfur compound for which the allowable
emission rate is to be determined.
Step 4: Draw a vertical line from the point determined in Step
3 to the allowable emission rate scale along the bottom of the chart.
The point at which this line intersects the scale yields the allowable
emission rate for that sulfur compound.
[1]
Editor's Note: This chart is on file in the office of
the Borough Clerk.
A.
AIR CONTAMINANTS
ALLOWABLE EMISSION
ASBESTOS
BASIC EMISSION
COARSE SOLID PARTICLES
DISTANCE FROM STACK TO NEAREST PROPERTY LINE
EFFECT FACTOR
EFFECTIVE STACK HEIGHT
FINE SOLID PARTICLES
PLUME RISE
SOLID PARTICLES
STACK HEIGHT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Coarse and fine solid particles, liquid particles, vapors
or gases which are discharged into the outdoor atmosphere.
The basic emission as modified by the effect factor.
Any mineral that breaks down into fibers when crushed or
processed, including actinolite, amosite, anthophyllite, chrysotile,
crocidolite and tremolite.
The emission in pounds per hour computed from basic emission
charts.
Solid particles having a size equal to or greater than 44
microns and solid particles when such particles are contained in or
on liquid particles.
The horizontal distance measured in feet from the center
line of a stack or chimney to the nearest land which is not owned
or controlled by the person emitting air contaminants from such stack
or chimney. In cases where properties are adjacent to or divided by
streets, highways, railroads, pipelines, power lines or other rights-of-way,
rivers or lakes, these adjacent or intervening areas shall be considered,
for purposes of this chapter, as owned or controlled by the person
emitting air contaminants.
A value assigned to air contaminants in the form of a numerical
modifier which, when multiplied by the basic emission, yields the
allowable emission.
The sum of the stack height and the plume rise.
Solid particles, including fumes, having a size less than
44 microns.
A calculated distance in feet which represents the vertical
ascent of the air contaminants above the stack or chimney.
Particles of rigid shape and definite volume.
The vertical distance measured in feet between the point
of discharge from the stack or chimney into the outdoor atmosphere
and the elevation of the land thereunder.
B.
Discharge regulations.
(1)
No person shall cause, suffer, allow or permit solid particles to
be discharged from any stack or chimney into the outdoor atmosphere
in excess of the allowable emission as provided herein.
(2)
Whenever the discharge from any stack or chimney includes coarse solid particles which consist of a single material, the allowable emission of coarse solid particles shall be the basic emission as determined from Subsection B(15) modified by the effect factor for the material being discharged as determined from Subsection B(4).
(3)
Whenever the discharge from any stack or chimney includes coarse solid particles which consist of two or more materials, the allowable emission of coarse solid particles for each material shall be the basic emission as determined from Subsection B(15) modified by the effect factor for the respective material as determined from Subsection B(4); and the allowable emission of coarse solid particles for the combined materials from such stack or chimney shall be either the sum of the allowable emission for the individual materials or the allowable emission computed for an effect factor of one, whichever is the lesser.
(4)
The effect factor for coarse solid particles is as follows, and when
a compound (material) contains two or more elements, the effect factor
of the element having the lowest effect factor shall apply:
|
Material
|
Effect Factor
|
|---|---|
|
All materials not specifically listed hereunder
|
1.0
|
|
Elements and their compounds on the basis of the element contained
therein: none assigned.
| |
|
Specific materials: none assigned.
|
(5)
Whenever the discharge from any stack or chimney includes fine solid particles which consist of a single material, the allowable emission of fine solid particles shall be the basic emission as determined from Subsection B(16) modified by the effect factor for the material being discharged as determined from Subsection B(7).
(6)
Whenever the discharge from any stack or chimney includes fine solid particles which consist of two or more materials, the allowable emission of fine solid particles for each material shall be the basic emission as determined from Subsection B(16) modified by the effect factor for the respective material as determined from Subsection B(7); and the allowable emission of fine solid particles for the combined materials from such stack or chimney shall be either the sum of the allowable emission for the individual materials or the allowable emission computed for an effect factor of one, whichever is the lesser.
(7)
The effect factor for fine solid particles is as follows, and when
a compound (material) contains two or more elements, the effect factor
of the element having the lowest effect factor shall apply:
|
Material
|
Effect Factor
|
|---|---|
|
All materials not specifically listed hereunder
|
1.0
|
|
Elements and their compounds on the basis of the element contained
therein:
| |
|
Antimony
|
0.1
|
|
Arsenic
|
0.1
|
|
Asbestos
|
0.0001
|
|
Barium
|
0.5
|
|
Beryllium
|
0.001
|
|
Cadmium
|
0.2
|
|
Chromium
|
0.2
|
|
Cobalt
|
0.9
|
|
Copper
|
0.2
|
|
Hafnium
|
0.9
|
|
Lead
|
0.01
|
|
Mercury
|
0.01
|
|
Phosphorus
|
0.2
|
|
Selenium
|
0.01
|
|
Silver
|
0.01
|
|
Tellurium
|
0.01
|
|
Thallium
|
0.001
|
|
Uranium
|
0.01
|
|
Vanadium
|
0.2
|
|
Specific materials:
| |
|
Alpha-naphthylthiourea
|
0.5
|
|
Lead arsenate
|
0.001
|
|
Lithium hydride
|
0.04
|
(8)
Whenever the person responsible for the discharge of solid particles
believes that a specific compound of an element listed in either Subsection
B(4)(b) or Subsection B(7)(b) does not contribute to air pollution
to the degree represented by the assigned effect factor, he may submit
data to the Board of Health setting forth reasons and justification
for a less restrictive effect factor for the specific compound in
question. If the change is approved by the Board of Health, the Board
of Health shall assign a revised effect factor, which shall be used
for the purpose of this chapter.
(9)
Whenever solid particles from one source operation are discharged
through two or more stacks or chimneys, the total quantity that may
be discharged from any one stack or chimney shall not exceed the allowable
emission permitted for that stack or chimney, nor shall the total
quantity that may be discharged from all the stacks exceed the emission
that would be permitted from the single stack or chimney having the
greatest allowable emission.
(12)
Upon the request of the Board of Health, any person discharging solid
particles through a stack or chimney shall submit to the Board of
Health, on forms provided by the Board of Health, information regarding
height of such stack, distance from stack to nearest property line,
nature of source operation and such other information as the Board
of Health may require relative to the emission of solid particles.
(13)
Whenever the person responsible for any stack or chimney believes
that the effective stack height is greater than the stack height,
he may calculate the plume rise and submit his data on forms provided
by the Board of Health. If the plume rise is approved by the Board
of Health, the effective stack height may be used in lieu of the stack
height.
(14)
Any person responsible for the emission of solid particles through
a stack or chimney from source operations shall, upon request of the
Board of Health, provide in connection with such stack or chimney
such sampling facilities and testing facilities, exclusive of instruments
and sensing devices, as may be necessary for the Board of Health to
determine the nature and quantity of solid particles which are or
may be discharged as the result of source operations. Such facilities
may be either permanent or temporary, at the discretion of the person
responsible for their provision, and shall conform to all applicable
laws and regulations concerning safe construction or safe practice.
(15)
The basic and allowable emissions for coarse solid particles shall
be computed as follows:
Step 1: Establish stack height or effective stack height if
plume rise is approved.
Step 2: Determine the distance from the stack to the nearest
property line.
Step 3: Divide result of Step 2 by result of Step 1 (this is
the distance from stack to nearest property line in stack heights).
Locate this value on the scale along the left side of the chart for
Basic Emission for Coarse Solid Particles.[1]
Step 4: Locate the line on the chart representing the stack
height or effective stack height determined from Step 1; interpolate
if necessary.
Step 5: Draw a horizontal line across chart from the value determined
by Step 3 to the point where this line intersects the line determined
by Step 4.
Step 6: Draw a vertical line from the point determined by Step
5 to the basic emission scale at the bottom of the chart. The point
at which this line intersects the scale yields the basic emission
in pounds per hour.
Step 7: Multiply the basic emission by the effect factor assigned under Subsection B(4). The result yields the allowable emission for coarse solid particles.
[1]
Editor's Note: This chart is on file in the office of
the Borough Clerk.
(16)
The basic and allowable emissions for fine solid particles shall
be computed as follows:
Step 1: Establish stack height or effective stack height if
plume rise is approved.
Step 2: Determine distance from the stack to nearest property
line.
Step 3: Divide result of Step 2 by result of Step 1 (this is
the distance from stack to nearest property line in stack heights).
Locate this value on the scale along the left side of the chart for
Basic Emission for Fine Solid Particles.[2]
Step 4: Locate the line on the chart representing the stack
height or effective stack height determined from Step 1; interpolate
if necessary.
Step 5: Draw a horizontal line across chart from the value determined
by Step 3 to the point where this line intersects the line determined
by Step 4.
Step 6: Draw a vertical line from the point determined by Step
5 to the basic emission scale at the bottom of the chart. The point
at which this line intersects the scale yields the basic emission
in pounds per hour.
Step 7: Multiply the basic emission by the effect factor assigned under Subsection B(7). The result yields the allowable emission for fine solid particles.
[2]
Editor's Note: This chart is on file in the office of
the Borough Clerk.
No person shall cause, suffer, allow or permit the discharge
of any material, gas, smoke or other effluent into waters, such as
streams, lakes, rivers or intermittent stream beds, so as to cause
pollution or contamination of such waters in the process of controlling
air pollution and air pollution nuisances.
When smoke or odor, or both, emanates from a point source within
this municipality and is sighted, smelled or odorous within an adjacent
municipality, the counterpart of the Board of Health shall have the
authority, if it so desires, to prepare evidence and instigate any
administrative or legal action to resolve such air pollution nuisance.
If such counterpart Board of Health deems it advisable, it may provide
this municipality with qualified evidence which shall be used by the
Board of Health of this municipality to instigate, take or demonstrate
its jurisdiction and authority under this chapter.
A.
No person, except as hereinafter provided, shall construct, install
or make alteration to any equipment, device or apparatus likely to
emit into the open air substances which may cause air pollution or
air pollution nuisance until a permit for such construction, installation
or alteration, including masking devices, has been issued by the Health
Officer. No permit shall be required in the following instances:
(1)
Any building or structure used exclusively for dwelling purposes
containing less than six dwelling units.
(2)
Any building or structure used exclusively for dwelling purposes
containing six or more dwelling units and having no central heating
plant.
(3)
Internal-combustion engines, locomotives, motor vehicles and portable
equipment.
(4)
Repairs to previously approved equipment.
(5)
Minor alteration to previously approved equipment.
B.
An application for a permit shall be made in writing to the Health
Officer on such forms as may be required by him, and the applicant
shall, upon the request of the Health Officer, furnish pertinent information
respecting the equipment, apparatus and the work to be done, description
of the building or structure and such other information as may be
required by the Health Officer.
C.
A permit fee of $50 shall be paid prior to the issuance of any permit
for new construction and a permit fee of $25 for alterations or other
types of installation.
D.
The Health Officer shall file one copy of the application for an
installation permit with the Borough Engineer, who will review such
application and approve or disapprove within 30 days after it is filed.
If it is approved by the Borough Engineer, the Health Officer shall
be notified of same and shall then have 30 days to approve or disapprove
such application. Upon the approval of the application and payment
of the prescribed fee, the Health Officer shall forthwith issue a
permit. In the event an application is disapproved, the applicant
shall be notified by the Health Officer in writing of such disapproval,
together with his reason therefor.
E.
No construction, installation or alteration shall be made which is
not in strict accordance with the application and pertinent information
upon which the installation permit was issued, without the express
written approval of the Health Officer.
F.
A permit shall be required for each unit of equipment, device or
apparatus under the provisions of this section.
G.
Any violation of any of the provisions of this section of this chapter
shall be sufficient cause and authority for the Health Officer to
stop all work in connection with such installation, and the Health
Officer is hereby authorized and empowered to stop work on the installation
and no further work shall be undertaken in connection therewith without
the express written approval of the Health Officer.
H.
If the construction, installation, alteration or other reason for
which the permit is issued is not commenced within one year of the
date of issuance of the permit, the permit issued shall be automatically
canceled and the fee paid for said permit shall be forfeited and a
new permit shall be required.
I.
A separate offense shall be deemed committed on each day of work
on any construction, installation or alteration in violation of this
section of this chapter.
J.
No permit shall be issued or approved where application does not
guarantee compliance with this chapter.
A.
Any person aggrieved by an order made by the Health Officer may,
within 10 days after the date of the receipt of said order, request
the Health Officer in writing for a hearing thereon. The Health Officer
shall fix a time and place for each hearing, not less than 10 days
nor more than 30 days after his receipt of a request for hearing,
and shall give the person requesting the hearing at least 10 days'
notice in writing of the time and place fixed for said hearing before
the Board of Health. The Health Officer shall, within 10 days after
the conclusion of the hearing, give to the person who requested said
hearing notice in writing of the Board of Health's decision,
with the reasons therefor.
B.
Whenever the Health Officer determines that an emergency exists which
requires immediate action to be taken in the interests of health,
safety or welfare, he shall forthwith issue an order directing the
person involved to take such actions as he deems necessary and appropriate
to meet such emergency, and such order shall be considered effective
immediately; provided, however, that the person to whom such order
is directed may, within 48 hours after the issuance of said order,
apply to the Health Officer in writing for a hearing thereon, in which
event the Health Officer shall forthwith fix a time and place for
such hearing and give the person requesting the hearing at least 48
hours' notice, oral or written, of the time and place of such
hearing before the Board of Health. The Health Officer shall forthwith
after the conclusion of said hearing give the person who requested
said hearing notice in writing of the decision or determination.
C.
Any decision of the Board of Health shall be subject to appeal to
the Municipal Council by the aggrieved person. This appeal may be
made to the Council, in writing, no later than 15 days following the
receipt of said decision.
A.
The Health Officer may, to determine compliance with this chapter,
require samples to be taken and analyses made of any fuels used in
installations or premises in order to determine whether they are the
grade and character provided for by the specification for the equipment
installed.
B.
The Health Officer may, to determine compliance with this chapter,
require the person or operator of any process producing or likely
to produce or emit any air contaminants to submit to him an analysis
of the discharge or emission from the stack, chimney or other source
point. The analysis shall include the type, quantity and character
of the gases, liquids and solid matter discharged or emitted. The
analysis shall be made by an independent testing laboratory approved
by the Board of Health or by the New Jersey Department of Health.
The analysis shall be made at the sole cost and expense of the person
or operator.
C.
The results of the analyses shall be submitted to the Health Officer
no later than 60 days after his written request therefor.
D.
At least 10 days' notice in writing of the time and place of
the sampling or analysis, made pursuant to the request of the Health
Officer, shall be given to the Health Officer, and reasonable facilities
shall be made available to him to witness such analysis.
E.
The Health Officer may engage, if he so determines, the services
of an independent testing laboratory to obtain samples of effluents
and to make the required analysis and charge the expense and costs
of such to the owner or operator.
F.
The Health Officer shall be required to obtain written registration
of points of discharge or emission of air pollutants, whether by stack,
duct, flue or otherwise, when in his opinion such information is necessary
for the effective enforcement of this chapter. The registration of
the emission shall be submitted to the Health Officer within 60 days
after his written request therefor and shall include, on forms provided
by him, all information required by him.
The Health Inspector may determine as a matter of practical
expediency that air pollution or air pollution nuisances exist and
bring these to the attention of the person responsible for the emission.
When a chronic or serious air pollution problem is caused by emission
of effluent smoke, gases or other discharges, especially those which
may be categorized as emissions of invisible or nearly invisible particulates
which may cause public nuisances or complaints, the Health Officer
shall require source testing at the source point. The concentration
of air contaminants may be measured not only by specially designed
instruments but also by their effects on life and property. If the
Health Officer determines that source-testing recording equipment
installations are necessary, he shall have the authority to notify
the responsible person to have such installations made within a specified
period of time and at the expense of such person responsible for such
emissions. If said installations are not made within such specified
time, the person shall be deemed to have violated the provisions of
this section. Such violation shall be considered on the basis of each
day and shall possess a penalty by a fine of $25 per day that such
violation exists. Violations shall be construed as one for each type
of device required to be installed.
A.
The Health Officer and such assistant personnel as he deems necessary
shall have the power and duty to enter and inspect any premises for
the purpose of investigating and testing an actual or suspected source
of air pollution or air pollution nuisance or for ascertaining compliance
or noncompliance with this chapter. No person shall interfere or attempt
to interfere with the Health Officer in the performance of any duty
hereunder or refuse to permit the inspection or examination of any
premises. The Health Officer shall, upon entering any premises for
investigation, inspection or testing, comply with all safety regulations
in effect on the premises. The Health Officer shall keep confidential
all information obtained while on the said premises, except as it
relates directly to air pollution or an air pollution nuisance. In
case of failure to correct or remedy any violation of this chapter
within a reasonable time, the Board of Health may cause to be issued
and served a written notice, together with a copy of complaint made,
requiring the person so complained against to answer the charges of
such complaint at a hearing before the Board of Health at a time and
place to be specified in such notice.
B.
Orders, rulings or decisions resulting from this chapter must be
served either personally or by certified mail, directed to the last
known address of the respondent. If it reasonably appears to the Board
of Health that compliance with terms of this chapter cannot be effectively
and immediately made, permission may be granted for the continued
operation of such noncomplying equipment upon the condition that the
person has in good faith taken and shall continue to take all necessary
steps to secure compliance with this chapter. Such permission shall
not be granted for a period of more than six months; provided, however,
that the said period may be extended, for good cause shown, for an
additional period not to exceed six months. Failure to comply with
the provisions of this chapter at the expiration of the period of
grace or extension thereof shall be deemed sufficient grounds for
enforcement of this chapter.
[Amended 11-3-1976 by Ord. No. 9-1976]
Any person who shall violate any provision of this chapter shall,
upon conviction, be punished by a fine of not more than $500 or by
imprisonment in the county jail for a period not to exceed 90 days,
or both. Each violation of the provisions of this chapter, whether
pertaining to different types of violations or those which are judged
by measure of time, shall be deemed to be a separate offense. A separate
offense shall be deemed committed within each day or on each day during
which a violation occurs or continues.
