As used in this article, the following terms shall have the
meanings indicated:
AIR POLLUTION
The presence in the outdoor atmosphere of substances in quantities
which are injurious to human, plant, or animal life or to property
or which unreasonably interfere with the comfortable enjoyment of
life and property throughout the Borough of Roselle and in such territories
of the Borough as shall be affected thereby, excluding all aspects
of employer-employee relationship as to health and safety hazards.
GARBAGE
Animal and vegetable matter originating in houses, kitchens,
restaurants, and hotels, produce markets, etc.
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.
PERSON
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies as well as individuals,
unless restricted by the context to an individual as distinguished
from a corporate entity or specifically restricted to one or some
of the above-enumerated synonyms and, when used to designate the owner
of property which may be the subject of an offense, includes this
state, the United States, any other state of the United States and
any foreign country or government lawfully owning or possessing property
within this state.
REFUSE
Garbage, rubbish, and trade waste.
RUBBISH
Solids not considered to be highly flammable or explosive,
including, but not limited to, rags, old clothes, leather, rubber,
carpets, wood, excelsior, paper, ashes, tree branches, yard trimmings,
furniture, tin cans, class, crockery, masonry, and other similar materials.
SALVAGE OPERATION
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.
STACK OR CHIMNEY
A flue, conduit or opening permitting particulate or gaseous
emissions into the open air or constructed or arranged for such purpose.
TRADE WASTE
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, cartons,
paint, grease, oil and other petroleum products, chemicals, cinders,
and other forms of solid or liquid waste material.
No person shall dispose of refuse in such manner as to cause
air pollution.
No person shall conduct a salvage operation by open burning.
No person shall cause, suffer, allow, or permit open burning
of refuse except trade waste where no other known method of disposal
can be used without hazard to health or property; provided that any
person intending to so engage in the open burning of trade wastes
shall, before so doing, file with the Health Officer an affidavit
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 trade
wastes are to be burned.
B. The type of business or activity involved.
C. The proposed operating practice, including the type and quantity
of trade waste to be disposed of by open burning.
D. Whether the open burning is to be carried on for a single instance
or intermittently.
E. The exact location where open burning will be used to dispose of
trade waste.
F. Reasons why no method other than open burning can be used for disposal
of trade waste without resulting in a hazard to health or property.
The code commonly known as the "Smoke Control Code of New Jersey
(1953)" regulating the emission of smoke from fuel-burning equipment,
internal-combustion engines, open fires, stacks, or chimneys and providing
for the inspection of fuel-burning equipment is adopted by reference
pursuant to the Public Health and Sanitary Codes Adoption by Reference
Act (N.J.S.A. 26:2-69.1 et seq.).