[R.O. 1966 C.S. § 3:1-1; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
a. 
This chapter shall be known and may be cited as "The Air Pollution Control Code of the City of Newark."
b. 
As used in this chapter, unless a different meaning clearly appears from the context:
AGENCY
Shall mean the Air Pollution Control Agency.
AIR POLLUTANTS
Shall mean matter in the air capable of creating or causing air pollution. Such matter may originate from any kind of combustion process, or industrial or laboratory processes, both chemical and physical, and may appear as, but is not limited to smoke, dusts, fumes, droplets, mists, vapors, gases, odors or a combination of them.
AIR POLLUTION
Shall mean that condition of the air which results from the presence in the air of air pollutants in concentrations which may adversely affect the well-being of an individual or cause damage to property, animal or plant life.
ALTERATION
Shall mean any work which involves a change in either the capacity of fuel burning equipment, the design of the furnace or the method of combustion, affecting the emission of air pollutants.
ANTHRACITE
Shall mean a hard, dense, smokeless solid fuel which is generally referred to as Pennsylvania anthracite.
BUS
Shall mean a motor vehicle conveyance having a seating capacity of more than nine adults.
CHIMNEY
See Stack.
CITY
Shall mean the City of Newark, New Jersey and the territorial waters within its jurisdiction.
COKE
Shall mean the solid fuel obtained by the carbonization of coal or the solid residue of petroleum product manufacture.
COLD BOILER OR FURNACE
Shall mean a boiler or furnace in which fuel has not been consumed for a period of 24 hours or more.
CREMATORY
See Refuse burning equipment.
DIRECTOR
Shall mean the Director of the Air Pollution Control Agency in the Department of Health and Community Wellness.
DUST
Shall mean air-borne solid particles, flyash, cinders, soot and all other solid particles.
DUST SEPARATING EQUIPMENT
Shall mean any device for separating the solid products of any combustion process, i.e., dust, solids, particulate matter, fly-ash, or any combination thereof, from the gases in which they are carried.
FLY-ASH
Shall mean solid particles resulting from combustion or incomplete combustion of coal, wood or other solid fuels. Fly-ash does not include process materials.
FUEL BURNING EQUIPMENT
Shall mean any furnace, boiler, water heater, device, mechanism, stoker, burner, stack, structure, oven, stove, kiln, still or other apparatus, or a group or collection of such units used in the process of burning fuel, refuse or other combustible material.
FUEL BURNING EQUIPMENT, HAND FIRED
Shall mean any fuel burning equipment in which fresh fuel is manually thrown directly on the hot fuel bed.
FUEL BURNING EQUIPMENT, MECHANICALLY FIRED
Shall mean any device by means of which fresh fuel is mechanically fired from outside the furnace into the zone of combustion, the same being actuated by automatic control.
FUEL OIL
Shall mean oil commonly used as a fuel, of grades commonly numbered 1, 2, 4, 5 and 6 and having the requirements shown in Table 1 of Commercial Standard CS 12-48 published by the United States Department of Commerce.
FUMES
Shall mean air-borne colloidal systems which are formed by chemical reactions or physical processes, such as, but not limited to combustion, distillation, sublimation, calcination or condensation.
FURNACE
Shall mean a chamber or enclosure in which any combustion process takes place.
GARBAGE
Shall mean animal and vegetable matter originating in houses, kitchens, restaurants and hotels, produce markets, etc.
GAS
Shall mean formless fluid at 25° C. and with a pressure of 760mm mercury which occupies space and which can be changed to a liquid or solid state only by increased pressure with decreased or controlled temperature or by decreased temperature with increased or controlled pressure.
GAS CLEANING EQUIPMENT
Shall mean a device or process designed for removing particulate matter from the gas or air in which it is entrained.
GAS, MANUFACTURED
Shall mean fuel existing in a gaseous state at standard conditions, having a heating value of between 500 and 600 B.T.U. per cubic foot.
GAS, NATURAL
Shall mean a fuel existing in a gaseous state at standard conditions, having a heating value of between 1,000 and 1,100 B.T.U. per cubic foot.
HANDLING OF SOLID FUEL
Shall mean and include but it is not limited to, its transport by water on boats, barges, car ferries and motor vehicle ferries; its transport by land, by railroad, truck or trailer; its transfer from water transport to land transport and vice versa; its transfer to and from storage bins, silos, hoppers or piles; and its transfer to or from the equipment in which it is processed or burned.
HEATING AND HOT WATER SUPPLY INSTALLATION
Shall mean a fuel burning installation used only for space heating or hot water supply.
HEATING BOILER
Shall mean any boiler carrying not in excess of 15 pounds per square inch steam or 30 pounds per square inch water pressure.
HEATING SURFACE
Shall mean all surfaces in contact with hot gases for the purpose of transferring the heat by conduction, radiation or convection.
HORSE POWER
Shall mean boiler horse power and shall be figured as equivalent to the evaporation of 34 1/2 pounds of water per hour from and at 212° F.
INCINERATION
Shall mean the burning of refuse or any other material.
INDIRECT HEAT EXCHANGER
Shall mean equipment in which heat from 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.
INTERNAL COMBUSTION ENGINE
Shall mean an engine in which combustion of a gaseous or liquid fuel takes place within one or more cylinders.
INTERNAL CROSS-SECTIONAL DIMENSION
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.
LIQUID PARTICLES
Shall mean those particles which have volume but are not of rigid shape, and which upon collection tend to coalesce and create uniform homogeneous film upon the surface of the collecting media.
MARINE INSTALLATION
Shall mean and include the equipment for propulsion, power or heating on all types of marine craft and floating equipment.
MINOR ALTERATION
Done to an existing installation, shall mean work which involves no change as to the furnace design, capacity of the plant, type of fuel burned or the method of combustion.
MISTS
Shall mean dispersions of liquid particles.
MOTOR VEHICLE
Shall mean any conveyance propelled by internal combustion engine.
NET RATING OF HEATING BOILER
Shall mean that net rating specified by the Institute of Boiler & Radiator Manufacturers for cast iron boilers and by the Steel Boiler Institute for steel boilers.
NUISANCE
Shall mean a discharge, dissemination, spreading, or emission into open air of any air pollutant in quantities which may cause injury, detriment or damage or which may endanger, interfere with or disturb the comfort, repose, health or safety of an individual, or which causes injury or damage to business, property, plant life or animals.
ODOR
Shall mean a substance which affects the sense of smell.
OPEN AIR
Shall mean all space outside of buildings, stacks or exterior ducts.
OPEN FIRE
Shall mean any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack, chimney or flue.
OWNER
Shall mean any person, who, alone or jointly or severally with others shall have legal title to any premises or equipment, with or without accompanying actual possession thereof, or shall have charge, care, control of any premises or equipment, as owner or agent of the owner, lessee, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner, or as a mortgagee in possession either by virtue of a Court order or by voluntary surrender by the person holding the legal title, or a collector of rents. Any person who is a lessee subletting or assigning any part or all of any premises or equipment shall be deemed to be a co-owner and shall have joint responsibility over the portion of the premises or equipment sublet or assigned by the lessee directly in control of such premises or equipment.
PARTICULATE MATTER
Shall mean finely divided liquid or solid material at 25° C. and with a pressure of seven 760mm mercury, which is often but not always suspended in air or other gases at atmospheric temperature or pressure.
PERSON
Shall mean and includes an individual, firm, corporation, partnership, limited partnership, association, or limited partnership association, or any other organized group of individuals or the legal successor or representative, agent or servant of any of the foregoing, any department, bureau or agency of the City and any other public body or agency.
PETROLEUM COKE
Shall mean the residue of various petroleum processes which may be handled and burned as a solid fuel.
PORTABLE EQUIPMENT
Shall mean equipment designed for the purpose of being readily transferred from one location to another.
POWER BOILER
Shall mean a boiler carrying more than 15 pounds per square inch (gauge) steam and of more than 10 boiler horse power.
PROCESS FURNACE
Shall mean any furnace, kiln, still or combustion device, other than a boiler furnace used for the generation of heat or power.
PROCESSING OF FUEL
Shall mean the washing, cleaning, screening, drying and pulverizing, floatation, coking, carbonization, quenching, briquetting, bagging and packaging of solid fuels; the refining of liquid fuels; and the manufacture of gaseous fuels.
REFUSE
Shall mean garbage, paper, rubbish, ashes, and trade waste, all as defined in Section 15:1-1 of these Revised General Ordinances.
REFUSE BURNING EQUIPMENT
Shall mean any destructor, incinerator, furnace, oven or other apparatus and appurtenances thereto used primarily for the purpose of destroying, reducing or consuming refuse as herein defined, or any other material by combustion. This definition shall also include crematories.
REPAIR
Shall mean any work which requires the equipment to be wholly or partially dismantled and which results in the restoration of the equipment to its original state.
RESIDUAL OIL
Shall mean fuel oil having a viscosity heavier than 125 seconds Saybolt Universal at 100° F., referred to as grades numbered 5 and 6 in Commercial Standard CS 12-48, U.S. Department of Commerce.
RINGELMANN CHART
Shall mean the standard published by the U.S. Bureau of Mines to determine the density of smoke or any chart, recorder, indicator or device for the measurement of smoke density which is approved by the agency as the equivalent of the Ringelmann Scale. It shall constitute the standard of the Bureau of Industrial Hygiene and Air Pollution (Air Pollution Control Agency) in determining the density of smoke as hereinafter set forth in Section 16:21-18.
SALVAGE OPERATION
Shall mean 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.
SMOKE
Shall mean the product resulting from the incomplete combustion of fuel or other burnable materials and is composed chiefly of finely-divided particles of unburned carbon. Included, but not limited to, in varying amounts, are other constituents such as tarry compounds, sulphur compounds, carbon dioxide, carbon monoxide and fine ash containing silica and iron compounds.
SMOKE OVEN
Shall mean any piece of equipment which is used for smoking food products.
SOLID FUEL
Shall mean any fuel that is not liquid or gaseous.
SOOT
Shall mean a dark substance, essentially carbon, resulting from the burning or heating of coal, wood, oil or other fuels, and burnable materials.
SOOT BLOWING
Shall mean the use of any device using steam, air or liquids to clean the fire side of heating surfaces.
SPACE HEATING
Shall mean the heating of the space within an enclosed structure.
STACK
Shall mean a smokestack, chimney, flue, duct, exhaust pipe or other conveyor for carrying into the open air pollutants in any physical state from any source.
SUPERVISOR
Shall mean the Supervising Chief Inspector of Environmental Sanitation in the Department of Health and Community Wellness.
VAPOR
Shall mean any material in a gaseous state which is formed from a substance, usually a liquid, by increase in temperature or release of pressure.
VOLATILE MATTER
Shall mean the gaseous constituent of fuels as determined by standards of American Society for Testing Materials.
[R.O. 1966 C.S. § 3:1-2]
It is hereby declared that pollution of the atmosphere by smoke, soot, fly-ash, dust, gases, fumes, vapors, odors and mists is a menace to the health, welfare and comfort of the people of the City and a cause of extensive damage to property. For the purpose of controlling and reducing atmospheric pollution, it is hereby declared to be the policy of the City to establish and maintain active and continuing supervision of combustion and other processes and installations contributing to atmospheric pollution and of the emission of harmful or objectionable substances into the atmosphere.
[R.O. 1966 C.S. § 3:1-3; Ord. 6 PSF-E, 8-6-2014]
Nothing contained in this chapter shall be construed to abridge the emergency powers of the Department of Health and Community Wellness to engage in any of their necessary or proper activities.
[R.O. 1966 C.S. § 3:1-4]
No person shall store, handle, transport, work, load, unload, treat or deal with any fuel, dirt, sand and other dust-producing substance or material or any odor-producing substance or material in any place in the City in such manner as to cause or create air pollution or a nuisance.
[R.O. 1966 C.S. § 3:1-5; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
The Air Pollution Control Agency in the Department of Health and Community Wellness shall, under the supervision and direction of the head of the Department, have the powers and duties to:
a. 
Enforce all local laws relating to air pollution control;
b. 
Detect and locate all sources of air pollution;
c. 
Inspect all premises which contain or may contain equipment which discharges or may discharge air pollution;
d. 
Collect data relative to air pollution from all active or potential sources of air pollution inclusive of but not limited to factories, industrial plants, and commercial establishments;
e. 
Review or initiate and investigate charges and complaints relative to air pollution;
f. 
Issue permits and certificates of equipment in accordance with this chapter and administer all laws and ordinances providing for such permits and certificates so long as such action is in complete accordance with the laws and regulations regarding the same as promulgated and enforced by the State Department of Environmental Protection and Energy.
[R.O. 1966 C.S. § 3:1-6]
a. 
Except as hereinafter provided, persons operating any air pollution source, whose emissions or products of combustion are discharged or emitted into the open air from a stack, duct, flue or otherwise shall register with the Agency, on forms provided for that purpose by the Agency. Written information for each such stack relating to place, type of fuel burned, quantity of fuel burned per hour, description of combustion equipment, period of operation, height and size of outlet, and description of dust-removal equipment must be provided.
b. 
Such information shall be submitted to the Agency in the case of new or altered installations within 90 days after being placed in operation and service.
c. 
From time to time the Director may request additional reports concerning the items as to which information is required by this section.
d. 
The foregoing provisions of this section shall not apply:
1. 
To marine installation, vehicles or other movable or portable equipment.
2. 
To drainage system vents, exhaust fans used solely for ventilation, or air conditioning in other than industrial processes and all other equipment which the Director may determine does not emit into open air harmful or injurious air pollutants.
[R.O. 1966 C.S. § 3:1-7]
a. 
In order to determine compliance with this chapter, the Director may require:
1. 
Appropriate tests to be made of any new or altered equipment or installation as a condition precedent to issuance of an operating certificate under Article 6 of this chapter;
2. 
Samples to be taken and analyses made of any fuels used in installations or premises covered by this chapter to determine whether they are of the grade and character called for by the specifications or permits for the equipment installed;
3. 
The owner or operator of any equipment likely to produce or emit any air pollutant to submit an analysis of the discharge or emission from the stack, chimney or source of outlet. The analysis shall include the type, quantity and character of the gases and solid matter discharged or emitted.
b. 
A certified analysis of the test, sample or analysis required under paragraph a of this section shall be conducted or made by and at the sole cost and expense of the owner or operator. At least 10 days' notice in writing of the time and place of such analysis or test shall be given to the Director. Reasonable facilities shall be made available to the Director or his representative to witness such an analysis or test.
[R.O. 1966 C.S. § 3:1-8]
a. 
Authority is hereby conferred upon the Director and his/her authorized representatives to enter upon premises within the City to make inspections of premises or equipment whenever the Director deems it necessary to investigate a complaint or to determine whether there is violation of any provision of this chapter.
b. 
Any records or other information which relate to processes or production unique to the owner or operator, or which would tend to affect adversely the competitive position of such owner or operator shall be only for the confidential use of the Department and other Departments, agencies and officers of the jurisdiction, unless such owner or operator shall expressly agree to their publication or availability to the general public. Nothing herein shall be construed to prevent the use of such records or information by any Department, agency or officer of the jurisdiction in compiling or publishing analyses or summaries relating to the general conditions of the outdoor atmosphere; provided that such analyses or summaries do not reveal any information otherwise confidential under this section.
[R.O. 1966 C.S. § 3:1-9]
a. 
When any person has been previously notified by the Director in writing of three or more violations of any provisions of Articles 1 or 2 of this chapter within any twelve-month period with respect to the escape or emission into open air of any harmful or objectionable substance or air pollutant including but not limited to smoke, soot, cinders, dust, fly-ash, noxious acids, fumes, vapors, gases or noxious odors, such person shall be notified in writing by the Director to show cause at a specified time and place, not less than 10 days from the date of notice, why the equipment, apparatus, process, or device causing such violations should not be sealed.
b. 
The notice to show cause may be given by certified mail return receipt requested addressed to the owner, lessee or occupant of the premises in question. It shall not be necessary to designate the owner, lessee or occupant by name in the notice, it being sufficient that the premises be designated in the address so that the premises may be readily identified. Service of the notice may also be made by delivery of a copy thereof to the owner, lessee, occupant or person 14 years of age or over in charge or apparently in charge of the premises and, in the absence of such person, then by posting the notice in a prominent place upon or near the premises on which the violations have occurred.
[R.O. 1966 C.S. § 3:1-10]
If the Director, upon the hearing of the notice to show cause held pursuant to Section 16:21-9 finds and determines that adequate and corrective means or methods have not been employed to correct the cause of such violations, he/she shall seal or order such equipment, device or apparatus sealed until such time as the violator submits an agreement in writing to the Director that he/she will make appropriate changes or adjustments in the equipment and do any and all things to comply with the provisions of this chapter. Such agreement shall be subject to the approval of the Director.
[R.O. 1966 C.S. § 3:1-11]
Except in cases subject to Sections 16:21-9 and 16:21-10, where there is an emission in violation of this chapter, the Director may refrain from taking enforcement measures pursuant to this chapter against the violator upon condition that the violator, upon notice from the Director, agrees forthwith in writing, to make adjustments, additions, or alterations and do any and all things necessary to comply with the provisions of this chapter, within the reasonable period of time specified by the Director in writing. This section shall not be construed to mean that allowance is granted for the continuation of any violation or violations of any section or sections of this chapter during the enforcement withholding period.
[R.O. 1966 C.S. § 3:1-12]
It shall be unlawful and shall constitute a violation of this chapter for any persons to violate, tamper with or remove the seal from any equipment sealed by the Director or at his/her discretion, unless specifically authorized to do so in writing by the Director.
[R.O. 1966 C.S. § 3:1-13]
a. 
No person shall in any manner hinder, obstruct, delay, resist, prevent or in any way interfere with or attempt to interfere with the Director or duly authorized personnel in the performance of any duty herein required.
b. 
No person shall prevent or refuse to permit the Director or duly authorized personnel to perform their duties by refusing them or any of them, after proper identification, entrance at reasonable hours into any premises in which the provisions of this chapter are being violated, have been violated, or are suspected of being violated.
c. 
No person shall refuse to permit the inspection or examination of such premises for the purpose of the enforcement of this chapter.
[R.O. 1966 C.S. § 3:1-14]
Any person, as defined in Section 16:21-1 of this chapter, who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.