It is hereby declared that air pollution is
a menace to the health, welfare and comfort of the residents of the
Borough of Rockaway and a cause of substantial damage to property.
For the purpose of preventing and reducing atmospheric pollution,
it is hereby declared to be the policy of the Rockaway Health Department
to minimize air pollution as herein defined and 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.
The following terms, wherever used herein or
referred to in this code, shall have the respective meanings assigned
to them unless a different meaning clearly appears from the context:
Solid particles, liquid particles, vapors or gases which
are discharged into the outdoor atmosphere.
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.
Actinolite, amosite, anthophyllite, chrysotile, crocidolite
and tremolite.
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.
The person or persons who are authorized by this article
to exercise the powers prescribed by this code.
Those chemicals used as insecticides, rodenticides, fungicides,
herbicides, nematocides or defoliants.
Any material which can be crumbled, pulverized or reduced
to powder by hand pressure.
Solid, liquid or gaseous materials used to produce useful
heat by burning.
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.
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.
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.
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.
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.
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.
Includes all vehicles propelled otherwise than by muscular
power, excepting such vehicles as run only upon rails or tracks.
The property of a substance which affects the sense of smell.
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.
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.
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.
Air space outside of buildings, stacks or exterior ducts.
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
as 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
of the premises sublet or assigned by said lessee.
Any material, except uncombined water, which exists in finely
divided form as liquid particles or solid particles at standard conditions.
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies as well as individuals
and shall also include all political subdivisions of the state or
any agencies or instrumentalities thereof.
Vegetation, including but not limited to trees, tree branches,
leaves, yard trimmings, shrubbery, grass, weeds and crops.
Rubbish, garbage, trade waste and plant life.
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.
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.
Any operation or activity from which is salvaged or reclaimed
any product or material, including but not limited to metals, chemicals
or shipping containers.
Small gasborne or airborne particles, exclusive of water
vapor, arising from a process of combustion in sufficient number to
be observable.
Particles of rigid shape and definite volume.
Any manufacturing process or any identifiable part thereof
emitting an air contaminant into the outdoor atmosphere through one
or more stacks or chimneys.
A flue, conduit or opening designed and constructed for the
purpose of emitting air contaminants into the outdoor air.
Seventy degrees Fahrenheit and one atmosphere pressure (14.7
pounds per square inch absolute or 760 millimeters of mercury).
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.
Smoke which obscures light to a degree readily discernible
by visual observation.
No person or owner of property or person or
persons having possession or control thereof 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.
A.
No person shall cause, suffer, allow or permit a salvage
operation by open burning.
B.
No person shall cause, suffer, allow or permit the
disposal of rubbish, garbage or trade waste or buildings or structures
by open burning.
C.
No person shall cause, suffer, allow or permit the
disposal of any type of plant life by open burning.
D.
The provisions of this section shall not apply to:
(1)
Variances approved and issued by the New Jersey Department
of Environmental Protection in accordance with N.J.A.C. 7:27-2.
(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.
A.
No person shall cause, suffer, allow or permit visible smoke to be emitted into the outdoor air from combustion of fuel in any stationary indirect heat exchanger except as provided in Subsection B hereof.
B.
No person shall cause, suffer, allow or permit smoke
the shade or appearance of which is darker than No. 1 on the Ringelmann
Smoke Chart or greater 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 and discharging through
a stack or chimney having all internal cross-sectional dimensions
of 60 inches or greater.
D.
The provisions of this section shall not apply to
direct heat exchangers or manufacturing processes or any motor vehicle
while operating on the public highways.
E.
Any person responsible for the construction, installation,
alteration or use of an indirect heat exchanger shall, when requested
by the Director, provide the facilities and necessary equipment for
determining the density or opacity of smoke being discharged into
the open air.
A.
No person shall cause, suffer, allow 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.
B.
The provisions of this section shall not apply to:
(1)
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.
(2)
Source operations issued a variance by the New Jersey
Department of Environmental Protection in accordance with N.J.A.C.
7:27-6.5.
(3)
Indirect heat exchangers.
(4)
Incinerators.
A.
Except as herein 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 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 and/or
year, description of combustion equipment, usual period of operation,
height and size of outlet, description of air pollution control equipment
and such other and pertinent information as may be requested on forms
provided for that purpose by the Director. The application forms shall
also require submission of the name, address and telephone number
of the person or persons responsible for day-to-day operation and,
also, of the person or persons responsible for maintenance of any
such equipment. Any change in the name, address or telephone number
of such person or persons shall be reported within 10 days of the
occurrence of such change to the Director.
B.
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 Building Code
of the Borough of Rockaway.[1] Additional reports concerning these items may be requested
by the Director.
C.
The provisions of this section shall not apply to
equipment designed or used for a heat input rate not more than 1,000,000
British thermal units (Btu) per hour unless the equipment is designed
for or actually using No. 4, No. 5 or No. 6 fuel oil or coal.
[1]
Editor's Note: Former § 261-16, Incinerators, was repealed
12-11-2014 by Ord. No. 18-14.
A.
No person shall cause, suffer, allow or permit surface
coating by spraying on any building, structure, facility, installation
or internal or external portion thereof asbestos or friable material
containing in excess of 0.25% (by weight) asbestos.
B.
Tests.
(1)
Any person responsible for the manufacture, application
or use of any coating which the Director or any agent thereof has
reason to believe contains asbestos shall, when requested by the Director,
conduct such tests as are necessary, in the opinion of the Director,
to determine the presence and the amount and/or kinds of asbestos
in the coating. Such tests shall be conducted in a manner approved
by the Director and shall be made at the expense of the person responsible.
(2)
The Director may waive the testing requirements of Subsection B(1) of this section upon receipt of a materials specification report from the material manufacturer certifying that the asbestos content of the surface coating for which testing is required complies with the provisions of Subsection A hereof.
A.
The Health Officer of the Borough of Rockaway 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 Health
Department to perform duties necessary for the enforcement of this
code.
A.
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.
B.
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.
C.
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.
D.
Search warrant or access warrant.
(1)
The Director may, upon affidavit, apply to the Judge
of the Borough of Rockaway for a search warrant setting forth factually
the actual conditions and circumstances that provide a reasonable
basis for believing that a 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 town for periodic inspections of premises
of the type involved.
(b)
That observation of external conditions (smoke,
ash, soot or odors) of the premises and its public areas has resulted
in the belief that violations of this code exist.
(c)
Circumstances such as the age and design of
fuel-burning equipment and/or system, type of incinerator, particular
use of the 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 Borough of Rockaway is satisfied
as to the matter set forth in 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.
E.
All buildings and premises subject to this code are
subject to inspection from time to time 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, 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 be determined and proved by inspection only
during other than the prescribed hours; or
(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.
A.
Any person who shall violate any of the provisions
of this code or who shall fail to comply therewith or with any of
the requirements thereof shall be punishable by a fine not to exceed
$500 or imprisonment for a term not to exceed 90 days, or both, for
each violation. Each day that such violation shall continue shall
constitute a separate offense.
B.
The violation of any section or subsection of this
code shall constitute a separate and distinct offense independent
of the violation of any other section or subsection or of any order
issued pursuant to this code.
This code is to be liberally construed to effectuate
the purpose 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.
This article is promulgated and adopted in accordance
with Section 26:2C-8 of P.L. 1954, c. 212 (Title 26:2C-1 to 2C-23),
amended by P.L. 1962, c. 215, P.L. 1967, c. 105, and P.L. 1967, c.
106, and nothing contained herein or any action taken hereunder is
to be interpreted as being in conflict with the New Jersey Air Pollution
Control Act and the New Jersey Administrative Code.
