[Ord. #1890]
[Ord. #1890 § 1.1]
This chapter shall be known and cited as the Air Pollution Control
Code of the Township of Belleville.
[Ord. #1890 § 1.2]
It is hereby declared that pollution of the atmosphere by smoke,
cinders, soot, fly ash, gases, fumes, vapors, odors, dust and other
contaminants is a menace to the health, welfare and comfort of the
Township residents and a cause of substantial damage to property.
For the purpose of controlling and reducing atmospheric pollution,
it is hereby declared to be the policy of the Township to minimize
air pollution as herein defined and prohibit excessive emission of
the same, to establish standards governing the installation, maintenance,
and operation of equipment and appurtenances relating to combustion
which is a source or potential source of air pollution.
[Ord. #1890 § 2]
As used in this chapter:
Shall mean solid particles, liquid particles, vapors or gases
which are discharged into the outdoor atmosphere.
Shall mean the presence in the outdoor atmosphere of one
or more air contaminants in such quantities and duration as are, or
tend to be, injurious to human health or welfare, animal or plant
life or property, or would unreasonably interfere with the enjoyment
of life or property throughout the Township.
Shall mean an incinerator designed and used to burn waste
material of types 0, 1, 2, and 3 only, in all capacities not exceeding
2,000 pounds per hour of waste material input.
Shall mean equipment in which heat from the combustion of
fuel is transferred to a substance being heated so that the latter
is contacted by the products of combustion and may contribute to the
total effluent.
Shall mean the person holding the position of director of
air pollution control created and established by this chapter and
authorized to exercise the powers, duties and functions prescribed
herein.
Shall mean airborne solid particles including but not limited
to fly ash, cinders and soot.
Shall mean those chemicals used as insecticides, rodenticides,
fungicides, herbicides, nematocides or defoliants.
Shall mean particles of gas-borne solid matter arising from
the combustion of solid fuel, not including process materials.
Shall mean solid, liquid or gaseous materials used to produce
useful heat by burning.
Shall mean oil commonly used as fuel. The grades are commonly
numbered 1, 2, 3, 4, 5 and 6 and have the requirements as shown in
Table I of Commercial Standard CS 12-40, published by the United States
Department of Commerce, or any equivalent succeeding table or reference
published hereafter by the department.
Shall mean solid particles generated by condensation from
the vapor state, generally after violitization from molten, metals
etc.
Shall mean waste, animal or vegetable matter from houses,
kitchens, restaurants, hotels, produce markets or any other source,
or food of any kind to be thrown away.
Shall mean formless fluids which, under standard conditions,
occupy the space of enclosure and which can be changed to the liquid
or solid state only by the combined effect of increased pressure and
decreased temperature.
Shall mean any device, apparatus, equipment or structure
used for destroying reducing or salvaging by fire any material or
substance including but not limited to refuse, rubbish, garbage, trade
waste, debris or scrap, or a facility for cremating human or animal
remains.
Shall mean equipment in which heat from the combustion of
fuel is transferred by conduction through a heat-conducting material
to a substance being heated, so that the latter is not contacted by
and adds nothing to the products of combustion.
Shall mean any maximum linear perpendicular distance from
an inside wall of a stack or chimney to the inside of an opposite
wall, such as the diameter of a circular cross section or the length
or width of a rectangular cross section.
Shall mean particles which have volume but are not of rigid
shape and which, upon collection, tend to coalesce and create uniform
homogeneous films upon the surface of the collecting media.
Shall mean any action, operation or treatment embracing chemical,
industrial, manufacturing, or processing factors, methods or forms
including but not limited to, furnaces, kettles, ovens, converters,
cupolas, kilns, crucibles, stills, dryers, roasters, crushers, grinders,
mixers, reactors, regenerators, separators, filters, reboilers, columns,
classifiers, screens, quenchers, cookers, digesters, towers, washers,
scrubbers, mills, condensers or absorbers.
Shall mean the property of a substance which affects the
sense of smell.
Shall mean the property of a substance which renders it partially
or wholly obstructive to the transmission of visible light expressed
as the percentage to which the light is obstructed.
Shall mean air space outside of building stacks or exterior
ducts.
Shall mean any fire wherein the products of combustion are
emitted into the open air and are not directed thereto through a stack
or chimney of an incinerator.
Shall mean any person who has care, custody, or control of
a building or premises, or a portion thereof, whether with or without
knowledge or the owner thereof.
Shall mean any person who alone or jointly or severally with
others, shall have legal or equitable title to any premises, with
or without accompanying actual possession thereof; or shall have charge,
care or control of any dwelling or dwelling unit, as owner or agent
of the owner, or a fiduciary, including but not limited to: executrix,
administrator, administratrix, trustee, receiver or guardian of the
estate, or as a mortgagee in possession, regardless of how such reassigning
any part or all of any dwelling or dwelling unit, shall be deemed
to be a co-owner with the less or and shall have joint responsibility
over the portion of the premises sublet or assigned by the lessee.
Shall mean any material, except uncombined water, which exists
in finely divided form as liquid particles or solid particles at standard
conditions.
Shall mean vegetation including but not limited to trees,
tree branches, leaves, yard trimmings, shrubbery, grass, weeds and
crops.
Shall mean rubbish, garbage, trade waste and plant life.
Shall mean Ringelmann's Scale for Grading the 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 New Jersey Department of Environmental Protection
as the equivalent of the Ringelmann's Scale.
Shall mean waste solids not considered to be highly flammable
or explosive, including but not limited to rags, old clothes, leather,
rubber, carpets, wood, excelsior, paper, ashes, furniture, tin cans,
glass, crockery, masonry and other similar materials.
Shall mean any operation or activity from which is salvaged
or reclaimed any product or material including but not limited to
metals, chemicals or shipping containers.
Shall mean small gas-borne or air-borne particles, exclusive
of water vapor, arising from a process of combustion in sufficient
number to be observable.
Shall mean particles of rigid shape and definite volume.
Shall mean agglomerations of particles of carbon impregnated
with "tar" formed in the incomplete combustion of carbonaceous material.
Shall mean any manufacturing process or any identifiable
part thereof emitting an air contaminant into the outdoor atmosphere
through one or more stacks or chimneys.
Shall mean municipal, pathological waste, or trade waste
incinerator of any burning capacity or any incinerator with a burning
capacity in excess of 2,000 pounds per hour.
Shall mean a flue, conduit or opening designed and constructed
for the purpose of emitting air contaminants into the outdoor air.
Shall be 70° F. and one atmosphere pressure (14.7 psia
or 760 mm Hg).
Shall include smoke, cinders, soot, flyash, dust, gases,
fumes, mists, vapors, or a combination thereof.
Shall mean all solid or liquid material or rubbish resulting
from construction, building operations, or the prosecution of any
business, trade or industry including but not limited to plastic products,
carbons, paints, grease, oil and other petroleum products, chemicals,
cinders and other forms of all waste solid.
Shall mean the gaseous form of substances which under standard
conditions 14 psia and 70° .F are in the solid or liquid state
and which can be changed to these states by either increasing the
pressure or decreasing the temperature.
Shall mean smoke which obscures light to a degree readily
discernible by visual observation.
[Ord. #1890]
[Ord. #1890 § 3]
No owner of property, or persons having possession or control
thereof, shall cause or permit to be emitted into the open air substances
in such quantities as shall result in air pollution. The provisions
of this subsection shall not apply to the use of economic poisons.
[Ord. #1890 § 4]
a.
No person shall cause or permit a salvage operation by open burning.
b.
No person shall cause or permit the disposal of rubbish, garbage
or trade waste, or buildings or structures by open burning.
c.
No person shall cause or permit the disposal of any type of plant
life by open burning.
d.
The provisions of this subsection shall not apply to:
1.
Variances approved and issued by the New Jersey Department of Environmental Protection in accordance with Chapter 11, Section 5 of the New Jersey Air Pollution Control Code.
2.
Open burning of refuse for training or research exercises when conducted
at a permanent facility or training center designed to be used solely
for such purposes on a continuing basis.
[Ord. #1890 § 5]
a.
No person shall cause or permit visible smoke to be emitted into
the outdoor air from the combustion of fuel in any stationary indirect
heat exchanger having a rated hourly capacity of less than 200,000,000
BTU gross heat input or discharging through a stack or chimney having
an internal cross sectional dimension of less than 60 inches.
b.
No person shall cause or permit smoke the shade or appearance of
which is darker than 20% opacity exclusive of water vapor, to be emitted
into the outdoor air from the combustion of fuel in any stationary
indirect heat exchanger having a rated hourly capacity of 200,000,000
BTU or greater gross heat input or discharging through a stack or
chimney having all internal cross sectional dimensions of 60 inches
or greater.
c.
Paragraphs (a) and (b) shall not apply to smoke which is visible
for a period of not longer than three minutes in any consecutive thirty-minute
period.
d.
The provisions of this subsection shall not apply to direct heat
exchangers or manufacturing processes, or any motor vehicle while
operating on the public highway.
[Ord. #1890]
[Ord. #1890 § 6]
All fuel burning equipment hereafter installed using more than 10,000 gallons per year of #4, #5, or #6 oil, or bituminous coal shall be provided with an automatic smoke alarm with the sensitive element set at a suitable location on the breeching between the boiler and the stack. The alarm system shall be maintained in good operating order. The alarm device shall produce an audible or visual signal when smoke exceeding the standards in subsection 15-3.3(b) is emitted. The audible or visual signal shall be located so as to be readily noticed by the owner or superintendent of the building.
[Ord. #1890 § 6.2]
All existing installations using more than 10,000 gallons per
year of #5 or #6 oil or 20,000 gallons per year of #4 oil or 50 tons
of coal per year shall also have installed an automatic smoke alarm
with the sensitive element set at a suitable location on the breeching
between the boiler and the stack. The alarm system shall be maintained
in good operating order. The alarm device shall produce an audible
or visual signal when smoke exceeding the standards in subsection
5-3.3 (b) is emitted. The audible or visual signal shall be located
so as to be readily noticed by the owner or superintendent of the
building.
[Ord. #1890 § 6.3]
The installation of new soot blowing equipment for the removal
of soot from boilers by causing the soot to be discharged into the
atmosphere shall hereafter be prohibited.
[Ord. #1890]
[Ord. #1890 § 7.1]
Except as hereinafter provided, persons burning solid or liquid
fuel whose products of combustion are discharged into the open air
from a stack or chimney shall submit to the director of air pollution
information for each such stack or chimney relating to place, type
of fuel, burned heat content in fuel burned, quantity of fuel burned
per hour or year, description of combustion equipment, usual period
of operation, height, size of outlet and description of air pollution
control equipment and such other pertinent information as may be requested
on forms provided for that purpose by the director. The application
forms shall also require submission of name, address and telephone
number of persons responsible for day-to-day operation and also for
persons responsible for maintenance of any such equipment. Any change
in name, address or telephone number of such persons shall be reported
within 10 days of the occurrence of such change to the director.
[Ord. #1890 § 7.2]
Such information shall be submitted to the director within 90
days after either new installations are placed into service or existing
installations are altered. Nothing herein shall be construed as relieving
any person from the requirements of the Township Building Code. Additional
reports concerning these items may be requested by the director.
[Ord. #1890 § 7.3]
The provisions of this section shall not apply to the equipment
designed or used in which the heat content of the fuel burned is not
more than 1,000,000 BTU per hour. However, that equipment designed
for use or actually using #4, #5 or #6 fuel oil, or coal, is not exempt
even if less than 1,000,000 BTU per hour are used.
[Ord. #1890]
[Ord. #1890 § 8.1]
No person shall cause or permit particles to be emitted from
any stack or chimney into the outdoor air the shade or appearance
of which is greater than 20% opacity, exclusive of water vapor.
[Ord. #1890 § 8.2]
The provisions of this section shall not apply:
a.
To particles the shade or appearance of which is greater than 20%
opacity, exclusive of water vapor, for a period of not longer than
three minutes in any consecutive thirty-minute period;
b.
To source operations issued a variance in accordance with Chapter 7, Section 5, of the New Jersey Air Pollution Control Code;
c.
To indirect heat exchangers;
d.
To incinerators;
e.
For a period of five years from the date of issuance of a valid permanent
certificate to operate to a source operation equipped with control
apparatus for which a valid permit to construct or permanent certificate
to operate was issued by the New Jersey Department of Environmental
Protection during the period of June 15th, 1967 to September 26, 1972.
[Ord. #1890]
[Ord. #1890 § 9.1]
No person shall operate and no owner or operator of any building
in the Township shall permit the operation of an incinerator without
a duly issued permit issued by the director in accordance with this
Code.
[Ord. #1890 § 9.2]
No person shall operate and no owner or operator of any building
in the Township shall permit the operation of an incinerator prior
to 9:00 a.m. or after 5:00 p.m. and all operation shall be completely
terminated by 5:00 p.m. including complete extinction of the fire
and removal of materials from the firebox to a noncombustible container
and in a safe manner provided, that the director may by special permit,
because of exceptional circumstances, permit different hours of operation
under such conditions as he shall deem necessary for the health, safety
and welfare of the public or of persons in the vicinity.
[Ord. #1890 § 9.3]
No person shall operate and no owner or operator of any building
in the Township shall permit the operation of incinerators in violation
of any other provisions of this Code.
[Ord. #1890 § 9.4]
Applications for permits to operate incinerators shall be made
on forms provided by the director and shall provide such information
as may be necessary to determine the nature of the installation, safety
and fire protection devices, design and devices sufficient to insure
against air pollution, necessary information as to persons responsible
for operation and for maintenance and qualifications therefor, and
such other pertinent information as may be necessary for protection
of the public welfare, safety, health and interest.
[Ord. #1890 § 9.5]
The director shall recommend issuance of a permit for the operation
of an incinerator after examining the application and inspecting the
facility and being satisfied that it may be operated in accordance
with this Code. The permit may be conditioned on improvements being
made within a prescribed time or on certain operating restrictions
if necessary to comply with this Code. All permits shall be issued
by the department of health and shall expire on December 31 following
their issuance or at such time prior thereto as any conditions or
restrictions shall not be complied with. Each incinerator shall require
a permit for which the annual fee shall be $25 payable to the department
of health.
[Ord. #1890 § 9.6]
The director may take all necessary steps to seal any incinerator
which has been operated without a duly authorized permit issued pursuant
to this Code.
[Ord. #1890 § 9.7]
Where the operation of an incinerator constitutes an immediate
and substantial menace to public health and safety, or is a substantial
source of air pollution causing irritation and discomfort to persons
in the vicinity, and the owner or operator fails upon written or oral
notice to take immediate corrective measures, the director may take
all necessary measures to abate the condition, including, but not
limited to ordering the cessation of use of the equipment and sealing
the same, pending a hearing in the Municipal Court.
[Ord. #1890 § 9.8]
All incinerators hereafter installed shall be constructed and
installed in accordance with the current specifications of the I.I.A.
Incinerators Standards, as published by the Incinerator Institute
of America, and any subsequent amendments thereto, except as the standards
may be modified by regulations promulgated and filed by the director
in accordance with this Code or by the Township Building Code.
[Ord. #1890 § 9.9]
To the extent feasible, existing installations shall be maintained
in accordance with, and if altered, repaired, renovated or converted
to conform with the I.I.A. Incinerator Standards Specifications adopted
as part of this Code. Prior to altering, renovating or converting
any existing incinerator, the person in charge thereof shall apply
for an alteration permit therefor from the director, specifying the
type and nature of any such change in the installation. The director
may condition the permit on compliance with the aforesaid standards
to the extent compliance is feasible. Upon request of the owner, the
director shall hold a hearing upon written notice and within 15 days
of the aforesaid request on any proposed condition or order of the
director requiring compliance with the standards at which time the
applicant can present such proofs, information or date as may relate
to the issuance of the alteration permit, the conditions attached
thereto, and the applicability and feasibility of the aforesaid standards.
In determining feasibility as applied to proposed changes in existing
incinerators, the director shall weigh the physical and financial
difficulties of making such change as against the effect of such change
in eliminating or curtailing the likelihood of air pollution. The
director shall make a determination of the application or order within
10 days after the hearing, and the issuance of the permit by the department
of health shall be in accordance therewith. This subsection does not
void the applicant's obligation to obtain necessary permits from
other governmental agencies.
[Ord. #1890 § 9.10]
No person shall cause, 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 emission of such opacity
within a stack or chimney, exclusive of water vapor of such opacity,
leaving a stack or chimney to a degree greater than emission designated
as No. 1 of the Ringelmann Smoke Chart.
[Ord. #1890 § 9.11]
The provisions of subsection 15-7.10 shall not apply to smoke emitted during the building of a new fire, the shade or appearance of which is not greater than No. 2 of the Ringelmann Smoke Chart, for a period of three consecutive minutes; or emissions of such opacity within a stack or chimney to a degree greater than the emission designated as No. 2 of Ringelmann Smoke Chart, for a period no greater than three consecutive minutes.
[Ord. #1890 § 9.12]
No person shall cause or permit the emission of particles of
unburned waste or ash from any common incinerator or from any special
incinerator which are individually large enough to be visible while
suspended in the atmosphere.
[Ord. #1890 § 9.13]
No person shall construct, install, use or cause to be used
any common incinerator or any special incinerator which will result
in odors being detectable by sense of smell in any area of human use
or occupancy.
[Ord. #1890]
[Ord. #1890 § 10.1]
The director, with the approval of the Township Council, may
promulgate such rules and regulations consistent with this Code, governing
installation, maintenance and use of fuel burning equipment, incinerators,
the burning of various types of fuel and fuel oil and the types of
matter subject to incineration as may be necessary to minimize or
eliminate air pollution. The director may conduct such investigation,
hold such hearings, and make such tests as may be necessary to establish
specifications to be incorporated in such rules and regulations. All
regulations shall be filed 15 days prior to the effective date thereof
with the Township Clerk.
[Ord. #1890 § 10.2]
All owners or operators of property on which there exists fuel-burning
equipment or incinerators, or both, shall secure from the director
such regulations as shall be reproduced and made available as to the
maintenance and operation of such equipment and incinerators, and
copies of the regulations shall be kept posted at all times by the
owner or operator at a conspicuous location at or near the equipment
or incinerator affected thereby; and copies of such regulations shall
be distributed personally to each person who has responsibility for
the maintenance or operation of the equipment or incinerator in behalf
of the owner or operator. The director may require the posting by
the owner or operator at specified locations of such other permanent
type signs as may be necessary and desirable to instruct personnel
or occupants of the premises as to the proper maintenance and operation
of the equipment or incinerator.
[Ord. #1890]
[Ord. #1890 § 11.1]
The Township Health Officer shall, in addition to his other
duties, enforce and administer the provisions of this Code, and in
exercising his powers and duties hereunder, shall be known as the
director of air pollution control. The director may appoint or designate
other employees or officers of the Township to perform duties necessary
for the enforcement of this Code.
[Ord. #1890 § 11.2]
The Township Council, pursuant to R.S.26:3-90 may appoint any person employed by the Suburban Air Pollution Commission, or its successor, to administer and enforce this Code in addition to the powers and appointments provided by subsection 15-9.1.
[Ord. #1890]
[Ord. #1890 § 12.1]
Emergency inspections may be authorized without warrant if the
director has reason to believe that a condition exists which poses
an immediate threat to life, health or safety. Such procedure shall
only take place where the time taken to apply for and secure the issuance
of a warrant would render ineffective the immediate action necessary
to abate the condition.
[Ord. #1890 § 12.2]
Emergency inspections may also be authorized by the Governor
in times of air pollution emergencies, in accordance with R.S. 26:2C-32.
[Ord. #1890 § 12.3]
Where the director or his agent is refused entry or access,
or is otherwise impeded or prevented by the owner, occupant or operator
from conducting an inspection of the premises such person shall be
in violation of this Code and subject to the penalties hereunder.
[Ord. #1890]
[Ord. #1890 § 13.1]
The director may, upon affidavit, apply to the judge of the
Municipal Court for a search warrant setting forth factually the actual
conditions and circumstances that provide a reasonable basis for believing
that a nuisance or violation of the Code may exist on the premises,
including one or more of the following:
a.
That the premises require inspection according to the cycle established
by the Township for periodic inspections of premises of the type involved;
b.
That observation of external conditions (smoke, ash, soot, odors)
of the premises and its public areas has resulted in the belief that
violations of this Code exist;
c.
Circumstances such as age and design of fuel-burning equipment or
system, types of incinerator, particular use of premises or other
factors which render systematic inspections of such buildings necessary
in the interest of public health and safety.
[Ord. #1890 § 13.2]
If the Judge of the Municipal Court is satisfied as to the matter
set forth in the 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.
[Ord. #1890 § 13.3]
All buildings and premises subject to this Code are subject
to inspection by the director of air pollution control or his duly
authorized representatives. All rooms and areas in the building shall
be available and accessible for such inspection which shall be made
during usual business hours if the premises are used for nonresidential
purposes provided that inspections may be made at other times if:
a.
The premises are not available during the foregoing hours for inspections;
b.
There is reason to believe that violations are occurring on the premises
which can only be apprehended and proved by inspection during other
than the prescribed hours;
c.
There is reason to believe a violation exists of a character which
is an immediate threat to health or safety requiring inspection and
abatement without delay.
