[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:
ACIDS
Substances having a pH lower than 7.0.
AIR POLLUTION
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.)
ALDEHYDES
All organic compounds with a —CHO group as in:
ALKALIES
Substances having a pH of more than 7.0
AMMONIA, ANHYDROUS
A colorless gas at standard conditions which has the molecular formula NH3.
ARSINE
A colorless gas at standard conditions which has the molecular formula AsH3.
ATMOSPHERE
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."
BERYLLIUM COMPOUNDS
All inorganic or organic compounds having an atom or atoms of beryllium in their chemical structure.
BOARD OF HEALTH
A governmental agency which exerts police law locally in matters of public health.
CARBON MONOXIDE
A colorless, odorless gas at standard conditions which has a molecular formula CO.
COMMERCIAL FUEL
Solid, liquid or gaseous fuels normally produced, manufactured or sold for the purpose of creating useful heat.
DUST
Solid particles of any size released into the atmosphere.
EFFLUENT
An invisible or visible emanation; an offensive exhalation or smell; an action or process of flowing out.
FLY ASH
Airborne particles consisting essentially of ash and/or burned combustible materials entrained in the gaseous products of combustion.
FUEL
Any form of combustible matter, either solid, liquid, vapor or gas, excluding combustible refuse.
FUMES
Solid particles commonly formed by the condensation of vapors from normally solid materials.
GASES
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.
HALOGEN COMPOUNDS
All inorganic or organic compounds having an atom or atoms of a halogen (bromine, chlorine, fluorine or iodine) in their chemical structure.
HEALTH OFFICER
The Health Officer of the borough or his authorized representatives, agents or assistants.
HYDROGEN CYANIDE
A colorless liquid at standard conditions which has a molecular formula of HCN.
HYDROGEN FLUORIDE
A colorless gas at standard conditions which has a molecular formula HF.
HYDROGEN SULFIDE
A colorless gas at standard conditions which has a molecular formula H2S.
INVISIBLE PARTICULATES
Effluents which are invisible to the naked eye; of or relating to minute separate particles.
LIQUID 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.
MASKING
Changing of odor which is a by-product of a process or combustion without removal of agents which constitute air pollution.
MIST
Finely divided liquid particles which are dispersed in the atmosphere.
NITROGEN OXIDES
All chemical compounds which consist of one or more atoms of nitrogen in combination with one or more atoms of oxygen.
ODOR
That property of a substance that affects the sense of smell.
OLFACTORY
Of, pertaining to, or connected with the sense of smell.
OPEN FIRE
Any fire from which the products of combustion are emitted directly into the open air without passing through a stack or chimney.
OZONE
A colorless gas at standard conditions which has the molecular formula O3.
PARTS PER MILLION (PPM)
The number of cubic centimeters of a chemical or compound in the vapor phase in 1,000 liters of effluent, both at standard conditions.
PERSON
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.
PHENOLS
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.
PHOSPHINE
A colorless gas at standard conditions which has a molecular formula PH3.
PLUME RISE
A calculated distance in feet which represents the vertical ascent of the air contaminants above the stack or chimney.
POLLUTION NUISANCE
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.
PROCESS OR PROCESS EQUIPMENT
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.
PROPER AUTHORITY
The official governing body of the area or areas in question and their authorized representatives delegated to enforce the air pollution controls.
REFUSE
Includes garbage, waste, rubbish and leaves.
RINGELMANN SMOKE CHART
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.
SMOKE
Small gas-borne particles resulting from incomplete combustion or industrial process, consisting predominately but not exclusively of carbon, ash and other combustible material.
SOOT
Carbonaceous material which settles inside the boiler passes and which must be periodically removed so as not to interfere with heat transfer.
SOURCE OPERATION
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."
SOURCE POINT
The point of origin from which air pollution effluents originate.
STACK HEIGHT
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.
STACK OR CHIMNEY
A flue, conduit or opening permitting particulate or gaseous emissions into the open air or constructed or arranged for such purpose.
STANDARD CONDITIONS
Seventy degrees Fahrenheit and one atmospheric pressure [14.7 pounds per square inch absolute or 760 millimeters of mercury].
SULFUR COMPOUNDS
All inorganic or organic chemicals having an atom or atoms of sulfur in their chemical structure, except hydrogen sulfide.
SULFUR DIOXIDE
A colorless gas at standard conditions which has the molecular formula SO2.
SULFUR TRIOXIDE
A heavy colorless liquid which solidifies at 68° F. and has the molecular formula of SO3.
SULFURIC ACID
A heavy, corrosive, oily, colorless, dibasic, strong acid having the molecular formula of H2SO4.
TOXIC
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.
VAPOR
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:
(a) 
The emissions of sulfur compounds in the form of gases, vapors or liquid particles resulting from the combustion of commercial fuel.
(b) 
The emissions from any stack or chimney having the sole function of relieving pressure of gas, vapor or liquid abnormal emergency conditions.
(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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AIR CONTAMINANTS
Coarse and fine solid particles, liquid particles, vapors or gases which are discharged into the outdoor atmosphere.
ALLOWABLE EMISSION
The basic emission as modified by the effect factor.
ASBESTOS
Any mineral that breaks down into fibers when crushed or processed, including actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite.
BASIC EMISSION
The emission in pounds per hour computed from basic emission charts.
COARSE SOLID PARTICLES
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.
DISTANCE FROM STACK TO NEAREST PROPERTY LINE
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.
EFFECT FACTOR
A value assigned to air contaminants in the form of a numerical modifier which, when multiplied by the basic emission, yields the allowable emission.
EFFECTIVE STACK HEIGHT
The sum of the stack height and the plume rise.
FINE SOLID PARTICLES
Solid particles, including fumes, having a size less than 44 microns.
PLUME RISE
A calculated distance in feet which represents the vertical ascent of the air contaminants above the stack or chimney.
SOLID PARTICLES
Particles of rigid shape and definite volume.
STACK HEIGHT
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.
(10) 
In any process wherein solid fuel is burned without direct contact with process material, § 37-5 shall govern the allowable emission from the burning of solid fuel and § 37-6 shall govern the allowable emission from the source operation.
(11) 
The provisions of this chapter shall not apply to:
(a) 
Smoke as defined and regulated under § 37-2 of this chapter.
(b) 
Combustion of solid fuel as defined and regulated under § 37-5 of this chapter.
(c) 
Incinerators designed and operated for the destruction of refuse.
(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.