This chapter shall be known and may be cited as the "Air Pollution
Control Ordinance of the Township of Pequannock."
It is hereby found that pollution of the air presents a menace
to the health, welfare and comfort of the residents of the Township
of Pequannock and a cause of substantial damage to property located
within the Township. In order to prevent and reduce to some degree
pollution of the atmosphere, it is hereby declared to be the policy
of the Township of Pequannock to minimize such pollution as is hereinafter
defined and to set forth and establish standards governing the installation,
maintenance and operation of equipment and appurtenances which relate
to combustion, which the Township regards to be a potential source
of air pollution.
Unless specifically defined otherwise from the context, the
words or phrases used in this chapter shall have the respective meanings
assigned to them hereunder:
AIR CONTAMINANT
Solid particles, liquid particles, vapors or gases which
are discharged into the outdoor atmosphere.
AIR POLLUTION
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.
ASBESTOS
Actinolite, amosite, anthophyllite, chrysotile, crocidolite,
and tremolite.
DIRECT HEAT EXCHANGER
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.
ECONOMIC POISONS
Those chemicals used as insecticides, rodenticides, fungicides,
herbicides, nematocides or defoliants.
FRIABLE MATERIAL
Any material which can be crumbled, pulverized or reduced
to powder by hand pressure.
FUEL
Solid, liquid or gaseous materials used to produce useful
heat by burning.
GARBAGE
Animal waste or vegetable matter from houses, kitchens, restaurants,
hotels, produce markets or any other source of food of any kind to
be thrown away.
INCINERATOR
Any device, apparatus, equipment or structure used for destroying,
reducing or salvaging by fire any material or substance, including
but not limited to refuse, garbage, trade waste, debris or scrap,
or a facility for cremating human or animal remains.
INDIRECT HEAT EXCHANGER
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.
INTERNAL CROSS-SECTIONAL DIMENSION
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 for a circular cross section or the length or width
of a rectangular cross section.
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.
MANUFACTURING PROCESS
Any action, operation or treatment embracing chemical, industrial,
manufacturing or processing factor, 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.
MOTOR VEHICLES
Includes all vehicles propelled otherwise than by muscular
power, except such vehicles as run only upon rails or tracks.
ODOR
The property of a substance which affects the sense of smell.
OPACITY
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.
OPEN BURNING
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.
OPERATOR
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.
OWNER
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 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 possession was obtained.
Any person who is a lessee subletting or reassigning any part or all
of any dwelling or dwelling unit shall be deemed to be a co-owner
with the lessor and shall have a joint responsibility over the portion
or the premises sublet or assigned by said lessee.
PARTICLES
Any material, except uncombined water, which exists in finely
divided form as liquid particles or solid particles at standard conditions.
PERSON
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies as well as individuals,
and shall also include all political subdivisions of this state or
any agencies or instrumentalities thereof.
PLANT LIFE
Vegetation, including but not limited to trees, tree branches,
leaves, yard trimmings, shrubbery, grass, weeds, and crops.
REFUSE
Rubbish, garbage, trade waste and plant life.
RINGELMANN SMOKE CHART
Ringelmann's Scale for Grading the Density of Smoke, as published
by the United States Bureau of Mines, or any chart, recorder, indicator
or device which is approved by the New Jersey Department of Environmental
Protection as the equivalent of said Ringelmann's Scale for the measurement
of smoke density.
RUBBISH
Waste solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
wood, excelsior, papers, ashes, furniture, tin cans, glass, crockery,
masonry and other similar materials.
SALVAGE OPERATION
Any operation or activity from which is salvaged or reclaimed
any product or material, including but not limited to metals, chemicals,
or shipping containers.
SMOKE
Small gasborne or airborne particles, exclusive of water
vapor, arising from a process of combustion in sufficient number to
be observable.
SOURCE OPERATION
Any manufacturing process or any identifiable part thereof
emitting an air contaminant into the outdoor atmosphere through one
or more stacks or chimneys.
STACK or CHIMNEY
A flue, conduit or opening designed and constructed for the
purpose of emitting air contaminants into the outdoor air.
TRADE WASTE
All waste 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,
cartons, paint, grease, oil and other petroleum products, chemicals,
cinders and other forms of solid or liquid waste material.
VISIBLE SMOKE
Smoke which obscures light to a degree readily discernible
by visible observation.
The Health Officer of the Township of Pequannock shall, in addition
to his other duties, enforce and administer the provisions of this
chapter and, in exercising his powers and duties hereunder, shall
be known as the "Director of Air Pollution Control."