[1983 Code § 55-1]
It is hereby declared that pollution of the atmosphere by smoke,
cinders, soot, fly ash, gases, fumes, vapors, odors, dust and other
contaminants is a menace to the health, welfare and comfort of the
residents of the Borough of Pompton Lakes and a cause of substantial
damage to property. For the purpose of controlling and reducing atmospheric
pollution, it is hereby declared to be the policy of the Borough to
minimize air pollution, as herein defined, and prohibit excessive
emission of the same, to establish standards governing the installation,
maintenance and operation of equipment and appurtenances relating
to combustion which are a source of air pollution and, in furtherance
of this purpose, to cooperate and coordinate these efforts with the
State Department of Environmental Protection, Bureau of Air Pollution
Control.
[1983 Code § 55-2]
As used in this article:
The presence in the outdoor atmosphere of one or more air
contaminants in such quantities and duration as are, or tend to be,
injurious to human health or welfare, to animal or plant life or to
property or would unreasonably interfere with the enjoyment of life
or property throughout the Borough of Pompton Lakes, as shall be affected
thereby, and excludes all aspects of employer-employee relationship
as to health and safety hazards.
Those chemicals used as insecticides, rodenticides, fungicides,
herbicides, nematocides or defoliants.
Any furnace, boiler, water heater, device, mechanism, stoker,
burner, stack, oven, stove, kiln, still or other apparatus or a group
or collection of such units in the process of fuel-burning for the
generation of heat or power. Refuse-burning equipment shall be considered
incinerators, as herein defined, and not as "fuel-burning equipment"
under this definition. Ovens, stoves or ranges used exclusively for
domestic cooking purposes are not included herein.
Any device, apparatus, equipment or structure used for destroying,
reducing or salvaging by fire any material or substance, including,
but not limited to, refuse, rubbish, garbage, debris or scrap or facilities
for cremating human or animal remains.
A property of a substance which affects the sense of smell.
Any fire wherein the products of combustion are emitted into
the open air and are not directed thereto through a stack or chimney.
Any person who has care, custody or control of a building
or premises, or a portion thereof, whether with or without knowledge
of the owner thereof.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof; or who shall have charge,
care or control of any premises or part thereof, including, but not
limited to, a dwelling or dwelling unit, as owner or agent of the
owner, or as a fiduciary, including, but not limited to: executor,
administrator, trustee, receiver, guardian or as a mortgagee in possession,
regardless of how such possession was obtained. Any person who is
a lessee or sublessee of all or any part of any premises, including,
but not limited to, a dwelling or dwelling unit, shall be deemed to
be a co-owner with the lessor and shall have joint responsibility
with the owner over the premises or portion thereof so leased or subleased.
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies, as well as individuals.
All putrescible and nonputrescible wastes (except body wastes),
and shall include, but not be limited to, garbage, rubbish, yard trimmings,
leaves, ashes, street cleanings, dead animals, abandoned automobiles
and solid market and industrial wastes.
Ringelmann's Scale for Grading and Density of Smoke, published
by the United States Bureau of Mines, or any chart, recorder, indicator
or device for the measurement of smoke density which is approved by
the State Department of Environmental Protection of the State of New
Jersey, as the equivalent of said Ringelmann's Scale.
Solids not considered to be highly flammable or explosive,
and shall include, but not be limited to, rags, old clothes, leather,
rubber, carpets, wood, excelsior, paper, ashes, tree branches, yard
trimmings, furniture, tin cans, glass, crockery, masonry and other
similar materials.
Any business, trade or industry engaged, in whole or in part,
in salvaging or reclaiming any product or material, including, but
not limited to, metals, chemicals, shipping containers or drums.
Small gas-borne and air-borne particles arising from a process
of combustion in sufficient number to be observable.
All solid or liquid materials or rubbish resulting from construction,
building operations or the prosecution of any business, trade or industry,
and shall include, but not be limited to, plastic products, chemicals,
cinders and other forms of solid or liquid waste materials.
[1983 Code § 55-3]
No person shall cause, suffer or permit open burning of refuse
or plant life or conduct a salvage operation by open burning, except
as permitted under subchapter 2 of the New Jersey Air Pollution Control
Code, Control and Prohibition of Open Burning, N.J.A.C. 7:27-2 et
seq., and only as prescribed thereunder.[1]
[1983 Code § 55-4]
No person shall cause, suffer, allow or permit smoke from any
fuel-burning equipment, the shade or appearance of which is darker
than No. 1 of the Ringelmann Smoke Chart, to be emitted into the open
air.
[1983 Code § 55-5]
A.
Smoke Emissions. No person shall cause, suffer, allow or permit smoke
from any incinerator, the shade or appearance of which is darker than
No. 1 of the Ringelmann Smoke Chart, to be emitted into the open air;
or emissions of such opacity within a stack or chimney, or exclusive
of water vapor, of such opacity leaving a stack or chimney to a degree
greater than the emission designated as No. 1 of the Ringelmann Smoke
Chart.
B.
New Fires. The provisions of paragraph A shall not apply to smoke
emitted during the building of a new fire, the shade or appearance
of which is not darker than No. 2 of the Ringelmann Smoke Chart, for
a period of no longer than three consecutive minutes; or to emissions
of such opacity within a stack or chimney, exclusive of water vapor,
of such opacity leaving a stack or chimney to a degree which is not
greater than the emissions designated as No. 2 of the Ringelmann Smoke
Chart, for a period no longer than three consecutive minutes.
C.
Visible Particles. No person shall cause, suffer, allow or permit
the emission of particles of unburned waste or ash from any incinerator
which are individually large enough to be visible while suspended
in the atmosphere.
D.
Odors. No person shall construct, install, use or cause to be used
any incinerator which will result in odors being detectable by sense
of smell in any area of human use or occupancy.
E.
Limitation on Time of Operation. No person shall operate and no owner
or operator of any building in the Borough of Pompton Lakes shall
permit the operation of an incinerator prior to 7:00 a.m. or after
5:00 p.m. of any day, and all operation shall be completely terminated
by 5:00 p.m., including complete extinction of the fire and removal
of material in a safe manner from the firebox to a noncombustible
container; provided, however, that by special permit the Health Officer
of the Borough of Pompton Lakes and such officer appointed by the
Mayor and Council for this purpose may, because of exceptional circumstances,
permit different hours of operation under such conditions as he shall
deem necessary for the health, safety and welfare of the public or
of persons in the vicinity.
[1983 Code § 55-6]
No person or owner of property, and no person having possession
or control of property, shall cause, suffer, allow or permit to be
emitted into the open air substances in such quantities as shall result
in air pollution. The provisions of this section shall not apply to
the use of economic poisons.
[1983 Code § 55-7]
A.
All buildings and premises subject to this article are subject to
inspection from time to time by the Health Officer of the Borough
of Pompton Lakes and such officer appointed by the Mayor and Council
for this purpose. All rooms and areas in the building shall be available
and accessible for such inspection, which shall be made during usual
business hours if the premises are used for nonresidential purposes;
provided, however, that inspections may be made at other times if:
1.
The premises are not available during the foregoing hours for inspection.
2.
There is reason to believe that violations are occurring on the premises
which can only be apprehended and proved by inspection during other
than the prescribed hours.
3.
There is reason to believe a violation exists of a character which
is an immediate threat to health or safety requiring inspection and
abatement without delay.
B.
Emergency inspections may be authorized without warrant if the Health
Officer of the Borough of Pompton Lakes has reason to believe that
a condition exists which poses an immediate threat to life, health
or safety. Such procedure shall take place only where the time required
to apply for and secure the issuance of a warrant would render ineffective
the immediate action necessary to abate the condition. Emergency inspections
may also be authorized by the Governor in times of air pollution emergencies,
in accordance with N.J.S.A. 26:2C-32. Where the Health Officer of
Pompton Lakes, or such officer appointed by the Mayor and Council
for this purpose, is refused entry or access or is otherwise impeded
or prevented by the owner, occupant or operator from conducting an
inspection of the premises, such person shall be in violation of this
article and subject to the penalties hereunder.
C.
Search warrant or access warrant.
1.
The Health Officer, or such officer appointed by the Mayor and Council
for this purpose, may, upon affidavit, apply to the Judge of the Municipal
Court of the Borough of Pompton Lakes for a search warrant setting
forth factually the actual conditions and circumstances that provide
a reasonable basis for believing that a nuisance or violation of this
article may exist on the premises, including one or more of the following:
a.
The premises require inspection according to the cycle established
by the Health Officer of Pompton Lakes for periodic inspections of
premises of the type involved.
b.
Observation of external conditions (for example, smoke, ash, soot,
odors) of the premises and its public areas has resulted in the belief
that violations of this article exist.
c.
Circumstances, such as age and design of fuel-burning equipment and/or
system, types of incinerator, particular use of premises or other
factors, which render systematic inspections of such buildings necessary
in the interest of public health and safety.
2.
If the Judge of the Municipal Court of the Borough of Pompton Lakes
is satisfied as to the matters set forth in the said affidavit, he
shall authorize the issuance of a search warrant permitting access
to and inspection of that part of the premises on which the nuisance
or violation may exist.
D.
The provisions of this section shall not apply to smoke emitted during
the cleaning of a firebox or the building of a new fire, the shade
or appearance of which is not darker than No. 2 on the Ringelmann
Smoke Chart, for a period or periods aggregating no more than three
minutes in any 15 consecutive minutes.
[1983 Code § 55-8]
[1983 Code § 55-9]
This article is to be liberally construed to effectuate the
purposes herein described. Nothing herein is to be construed as repealing
or abridging the emergency powers of any agency of government, except
to the extent expressly set forth herein.
