[HISTORY: Adopted by the Township Council of the Township of Old
Bridge 5-5-1986 by Ord. No. 17-86 (Sec.
19-13 of the 1973 Revised General Ordinances). Amendments noted where applicable.]
This chapter shall be known as the "Air Pollution Control Code of the
Middlesex County Health Department for the Township of Old Bridge."
It is hereby declared that air pollution is a menace to the health,
welfare and comfort of the inhabitants of the Township of Old Bridge and a
cause of substantial damage to property. For the purpose of preventing and
reducing or otherwise controlling atmospheric pollution as herein defined,
it is hereby declared to be the policy of the Township of Old Bridge to establish
standards governing the installation, maintenance and operation of equipment
and appurtenances relating to combustion, to effect and maintain control of
stationary point and other sources of air pollution by whatever means appropriate
and to develop and process data of both a qualitative and quantitative nature
with reference to all point sources of emissions within the confines of the
municipality for the purpose of environmental impact assessment, evaluating
conformance to standards and requiring emissions reduction where it can be
demonstrated that an undue risk to public health exists or appropriate control
procedures are not in operation.
Meaning of certain words. The following terms, wherever used hereinafter,
shall have the respective meanings assigned to them, unless a different meaning
clearly appears from the context:
Hereinafter abbreviated "EPA," means the United States Environmental
Protection Agency.
Solid particles, liquid particles, vapors or gases, exclusive of
water vapor or air, as they exist in their natural state, which are discharged
into the outdoor atmosphere.
The presence in the outdoor atmosphere of one or more air contaminants
of any composition whatsoever in such quantities and duration as are or tend
to be injurious to the human health or welfare, animal or plant life or property
or would unreasonably interfere with the enjoyment of life or property throughout
the Township of Old Bridge. (Health and safety hazards, as they apply to the
employer-employee relationship, are specifically excluded.)
Actinolite, amosite, anthophyllite, chrysotile, crocidolite and/or
tremolite.
A solid, semisolid or liquid material of which the main constituents
are bitumens.
Any valve designed and used to reduce evaporation losses of volatile
organic substances by limiting the amount of air admitted to or vapors released
from the vapor space of a closed storage vessel.
Any device which prevents or controls the emission of any air contaminant.
Any paving asphalt which has been liquefied by blending with petroleum
solvents or produced directly from the distillation of petroleum and having
vaporization properties similar to the blended and liquefied asphalt.
Any mobile storage tank, including but not limited to tank trucks
or railroad tank cars.
Hereinafter abbreviated "DEP," means the New Jersey Department of
Environmental Protection.
A mechanism for converting energy into electrical and/or mechanical
force and motion by using a compression-ignition-type of internal-combustion
engine.
A self-propelled vehicle designed primarily for transporting person
or property on a public street or highway, which is propelled by a compression-ignition-type
of internal combustion engine.
Air or gas from any source whatsoever added to the source gas emitted
from a source of operation.
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 Director of the Middlesex County Health Department or his or
her designated agent.
A floating roof with two complete and separate seal-envelope combinations,
one above the other, containing an enclosed space between them. At least one
of the seals must be supported by a mechanism which maintains constant seal
contact with the inner surface of the vessel walls, despite surface and attitude
irregularities.
Those chemicals used as insecticides, rodenticides, fungicides, herbicides,
nematocides or defoliants.
Asphalt which has been liquefied by mixing with water and an emulsifying
agent.
Any device capable of causing the emission of air contaminant into
the outdoor atmosphere and any stack, chimney, conduit, flue, duct or similar
device connected or attached to or serving the equipment. This shall include
equipment in which the preponderance of the air contaminants emitted is caused
by manufacturing process.
Movable roof in an otherwise open top storage vessel, consisting
of a floating deck resting on the surface of the liquid contents, a continuous
seal supported against the inner surface of the tank shell and an envelope
closing the gap between the floating deck and the seal, the entire deck-seal-envelope
combination free to rise and fall with the surface of the liquid during filling
and emptying of the storage vessel.
The combination of all structures, buildings, equipment, storage
vessels, source operations and other operations located on one or more contiguous
or adjacent properties owned or operated by the same person.
An external or internal pontoon-type or double-deck-type roof resting
on the surface of the liquid contents in a storage vessel and equipped with
a mechanism providing one or more tight seals in the space between the floating
roof rim and the vessel shell throughout the entire vertical travel distance
of the roof or any other floating-type mechanism approved by the DEP for the
purpose of preventing air contaminants from being discharged into the outdoor
atmosphere.
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.
Any furnace, boiler, water heater, device, mechanism, stoker, burner,
stack, oven, stove, kiln, still or other apparatus used in the process of
fuel-burning for the generation of heat or power. Refuse-burning equipment
shall be considered to be incinerators, as herein defined, and shall not be
considered to be "fuel-burning equipment" under this definition. Ovens, stoves
or ranges used exclusively for domestic cooking purposes are not included
within this definition.
Any emission of an air contaminant into the open air other than through
any stack, chimney, conduit, flue or other device.
Animal or vegetable waste matter from homes, kitchens, restaurants,
hotels, produce markets or from any other source or food of any kind that
is to be discarded.
Any petroleum distillate having a Reid vapor pressure of four pounds
(207 millimeters of mercury) or greater and used as an automotive fuel.
The Health and Welfare Department of the Township of Old Bridge and/or
the Middlesex County Health Department.[1]
The licensed Health Officer of the Township of Old Bridge.
The rate at which the aggregate heat content, based on the higher
heating value of the fuel, is introduced into the fuel-burning equipment.
Any device, apparatus, equipment or structure used for destroying,
reducing or salvaging by fire any material or substances, including but not
limited to refuse, rubbish, garbage, debris or scrap, or any 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 width of a rectangular cross section.
Particles which have volume but are not of rigid shape and which,
upon collecting, tend to coalesce and create uniform homogeneous films upon
the surface of the collecting media.
Any action, operation or treatment involving chemical, industrial,
manufacturing or processing factors, methods or forms, including but not limited
to absorbers, classifiers, columns, condensers, converters, conveyors, cookers,
crucibles, crushers, cupolas, digesters, dryers, filters, furnaces, grinders,
kettles, kilns, mills, mixers, ovens, quenchers, reactors, reboilers, regenerators,
roasters, screens, scrubbers, separators, stills, towers or washers.
Any container wherein a manufacturing process, or any part thereof,
takes place.
Equipment for propulsion, power or heating on all types of marine
craft and floating equipment.
Equipment designed or constructed to be portable or movable from
one location to another, including but not limited to aircraft, locomotives
operating on rails, tractors, earthmoving equipment, hoists and mobile power
generators.
Check, test, observe, survey or inspect to determine compliance with
environmental health standards.
Any vehicle propelled other than by muscular power, except such vehicles
as run only upon rails or tracks.
An incinerator with two or more refractory-lined combustion chambers
in series, physically separated by refractory walls, interconnected by gas
passages and employing adequate design parameters necessary for maximum combustion
of the waste material.
The Township of Old Bridge.
Property of a substance which affects the sense of smell.
The property of a substance which is 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.
Any vessel in which a manufacturing process, or any part thereof,
takes place during which there is an opening to the atmosphere greater than
25% of the surface area of any liquid substance contained therein.
Any person who has care, custody or control of buildings or premises
or a portion thereof, whether with or without knowledge of the owner thereof.
Any chemical compound or mixture of chemical compounds of carbon,
excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbonates,
metallic carbides and ammonium carbonate.
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, including but not limited to a dwelling unit, as
owner or agent of the owner or as a fiduciary, including but not limited to
executor, administrator, trustee, receiver, guardian or as a mortgagee in
possession, regardless of how such possession was obtained. Any person who
is lessee or sublessee of all or part of any premises, including but not limited
to dwelling or dwelling unit, shall be deemed to have a joint responsibility
with the owner over the premises or portion thereof so leased or subleased.
Any material, except uncombined water, which exists in finely divided
form as liquid particles or solid particles at standard conditions.
A low-viscosity liquid asphalt applied to a surface in order to prepare
it for paving an asphalt concrete.
Includes associations, authorities, companies, corporations, firms,
joint-stock companies, partnerships, societies as well as individuals, and
shall also include all political subdivisions of this state and/or any agencies
or instrumentalities thereof.
Any mixture of volatile organic substance produced by condensing
vapors of petroleum during distillation, including but not limited to naphthas,
aviation gasoline, motor gasoline, kerosene, diesel oil, domestic fuel oil
and petroleum solvents.
Vegetation, including but not limited to trees, tree branches, leaves,
yard trimmings, shrubbery, grass, weeds and crops.
Any stationary, discernible, confined and discrete conveyance or
conduit, including but not limited to any stack, chimney, duct, exhaust, ventilator,
flue, breather or pressure-release valve, so arranged or designed as to conduct
an effluent into the outdoor air.
Any ventilation system in which pressurized air from a compressed
air manifold, fan or similar device is blown into a work area.
The mass of air contaminants emitted or to be emitted through a stack
or chimney into the outdoor air, exclusive of any type of control apparatus.
Any vessel into which a volatile organic substance is introduced,
including but not limited to storage tanks, delivery vessels and manufacturing
process vessels.
Air putrescible and nonputrescible waste (except body waste), including
but not limited to garbage, rubbish, yard trimmings, leaves, ashes, street
cleanings, dead animals, abandoned automobiles and trade waste.
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 DEP as the equivalent
of said Ringelmann's scale for the measurement of smoke density.
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, glass, crockery,
masonry or other similar materials.
Any business, trade or industry engaged, in whole or in part, in
salvaging or reclaiming any product or material, including but not limited
to metal, chemicals, shipping containers or drums.
A barrier to the passage of volatile organic substance vapors between
a floating roof and the inner surface of a storage vessel wall, consisting
of a seal which maintains constant contact with the wall as the floating roof
rises and descends with the level of the stored volatile organic substance,
and a membrane, diaphragm, fabric or blanket, known as an "envelope," which
spans the gap between the floating roof and the seal and which is vapor-tight.
An incinerator provided with a single flue which serves as both the
charging chute and the flue to transport products of combustion to the atmosphere.
Small gasborne and airborne particles, exclusive of water vapor,
arising from a process of combustion in sufficient manner to be observable.
Particles of rigid shape and definite volume.
Air or gases passed through or generated by a source operation and
discharged from the source operation.
Any manufacturing process or any identifiable part thereof emitting
an air contaminant into the outdoor atmosphere through one or more point sources.
A self-contained, vented, fuel-burning appliance complete with grills
or their equivalent, designed for incorporation in or permanent attachment
to a wall, floor, ceiling or partition and furnishing heated air, circulated
by gravity, radiation or by fan, directly into the space to be heated through
openings in the casing.
A flue, conduit or opening designed, constructed and/or utilized
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).
Any tank, reservoir or vessel which is a container for liquids or
gases, wherein no manufacturing process or part thereof takes place.
A fill pipe whose point of discharge into the receiving vessel is
entirely submerged when the liquid level is no more than six inches (15.2
centimeters) above the vessel bottom, or, in the case of a top- or side-entering
fill pipe, when the liquid level is no more than three times the inside radius
of the fill pipe, plus five inches (12.7 centimeters), but no more than 42
inches (106.7 centimeters) above the vessel bottom.
A device to remove unwanted foreign matter from the surfaces of nonporous
or nonabsorbent materials by using volatile organic substance solvents in
liquid or vapor state.
The material, including but not limited to paint, varnish, ink and
adhesive, applied to a solid surface in order to achieve a finished coating.
The application and solidification of a surface coating formulation.
Any container whose walls are constructed of material which is rigid
and self-supporting.
All solid or liquid material or rubbish resulting from construction,
building operations or business, trade or industrial production, including
but not limited to any plastic products, cartons, paints, grease, oil and
other petroleum products, chemicals, cinders and other forms of solid or liquid
waste products.
The moving of any substance from any storage tank, manufacturing
process vessel or delivery vessel into any receiving vessel.
The gaseous form of substances which, under standard conditions,
are in the solid or liquid state and which can be changed to these states
by either increasing the pressure or decreasing the temperature.
The system for controlling vapor losses during the transfer of volatile
organic substance liquid from one vessel to another vessel or tank by means
of the simultaneous counter-transfer of displaced vapors from the receiving
vessel to the vessel supplying the liquid.
A system for preventing the emission of organic vapors into the outdoor
atmosphere.
The pressure of the vapor phase of a substance or the sum of the
partial pressures of the vapor phases of individual substances in a mixture
of substances which is in equilibrium with the nonvapor phase of the substance
or substances.
Not capable of allowing the passage of gases at the pressure encountered.
Smoke which obscures light to a degree readily discernible by visual
observation.
Hereinafter abbreviated as "VOS," means any organic substance, mixture
of organic substances or mixture of organic or inorganic substances, including
but not limited to petroleum crudes, petroleum fractions, petrochemicals,
solvents, dilutents and thinners (excluding methane, trichlorofluoromethane,
dichlorodifluoromethane, chlorodifluoromethane, trifluoromethane, 1,1,2 trichloro-1,2,2
trifluoroethane, 1,2 dichloro-1,1,2,2 tetrafluoroethane, and chloropentafluoroethane),
which has vapor pressures or partial pressures of organic substances of 0.02
pound per square inch absolute (one millimeter of mercury) or more measured
at standard conditions; and, in case of surface coating formulations, includes
any coalescing or other agent, regardless of vapor pressure, which evaporates
from the coating during the drying phase.
A.
No person shall cause, suffer, allow or permit to be
emitted into the open air substances in such quantities as shall result in
air pollution.
B.
The provisions of this section shall not apply to the
use of economic poisons where their application is conducted or supervised
by a duly licensed person, as certified by the DEP.
B.
The provisions of this section shall not apply to:
(1)
A variance approved and issued by the DEP in accordance
with N.J.A.C. 7:27-2 et seq.
(3)
The use of open burning and/or smoke-causing products
or agents for motion-picture, television or other artistic special effects,
provided that application, in writing, is presented 72 hours in advance to
the Health Department, stating the date, location, time, nature and duration
of said activity and such measures as will ensure the safety of said activity
and provide a minimum of emissions to produce such an effect.
(4)
An air pollution emergency declared by the Governor or
adverse meteorological conditions nullify all allowances for open burning.
C.
Open-burning exercises for training or research.
(1)
Permit required. No person shall cause, suffer, allow or permit open burning for training in fire protection, prevention or suppression or research exercises without first having obtained a permit issued by the Health Department. Permits shall be issued for either a permanent or a temporary facility, as defined in Subsection C(2).
(2)
Types of facilities.
(a)
A "permanent opening-burning exercise facility" shall
be considered a facility and/or site constructed and used exclusively for
training or research in practical fire evolutions on a continual basis for
15 days or more per permit year. The facility shall be constructed in a remote
area of the property, with an impervious material pad and dike to contain
all fuel and extinguishing agents utilized. Discharge and disposal systems
for unused fuel and extinguishing agents shall comply with all local and state
codes. A permanent facility permit shall be valid for one year from its date
of issuance, unless revoked by reason of noncompliance with any condition
or restriction as set forth in the permit. A permit must be renewed by application
between 30 and 90 days prior to its expiration date.
(b)
A "temporary open-burning exercise facility" shall be
considered a portable or single-day event used exclusively for training or
research in fire-extinguishment methods where burning is performed at a facility
less than 15 days per year. Such permits shall be valid for a specified single
day, or specified alternate day should the exercise be canceled by reasons
beyond the control of the applicant and/or facility. The alternate-day exercise
must be completed within 30 days of the original specified exercise date.
A temporary facility permit may be revoked by reason of noncompliance with
any condition or restriction as set forth in the permit. Applications for
temporary facility permits must be submitted between 30 and 90 days prior
to the burn date.
(3)
Application. Application for a permit shall be made to
the Health Department on forms provided by the Health Department.
(4)
Information to be supplied. The Health Department may
require such details regarding the open-burning exercise and facility as it
considers necessary to determine that the exercise is carried out and facility
designed so as not to violate any of the provisions of this code or of any
rules or regulations promulgated hereunder and that the exercise is carried
out and facility maintained in a manner which minimizes emissions of air contaminants.
An application for a permit shall supply the following information:
(a)
A detailed plan describing the facility and a plot plan,
to scale, with North orientation and plant property lines where the facility
is located.
(b)
The name, address and telephone number of the person(s)
responsible for the operation and maintenance of the facility and exercise.
(c)
The name, address and telephone number of the owner of
the premises where the exercise is to take place.
(d)
The name, address and telephone number of the person,
contractor or demonstrator responsible for or actually performing the exercise.
(f)
The type of fuel-storage facility.
(g)
The method of disposal for materials used.
(h)
A description of safety and fire-protection devices.
(i)
A schedule of dates and times that the exercises are
to be carried out.
(j)
Such other information as the Health Department may require.
(5)
Conditional approval. Upon receipt of an application
for the issuance of a permanent facility permit or any renewal thereof, the
Director may issue a temporary permit valid for a period not to exceed 90
days and conditioned upon specified improvements or restrictions being made
within the prescribed time.
(6)
Time limitation. No person shall cause, suffer, allow
or permit an exercise at any facility prior to 7:00 a.m. or after 5:00 p.m.
of any day. All operations, including complete extinction of the fire and
removal of materials in a safe manner, shall be terminated by 5:00 p.m.; provided,
however, that, by a special permit provision, the Health Department may, because
of exceptional circumstances, permit different hours of operation.
(7)
Inspections. All facilities may be inspected by the Director
or his agent prior to the issuance of a permit and shall be subject to inspection
at any time by the Director or his agent during the term of the permit.
(8)
Display of permit. Any person in possession of a permit
shall maintain said permit readily available on the premises where the open-burning
exercise is approved to be conducted.
(9)
Notification of open-burning exercises. In addition to
the notification/schedule format required in the permit application, the following
shall also be duly notified of the exercise by the applicant and/or facility
manager:
(10)
Compliance with other provisions. The possession of an
open-burning exercise facility permit does not relieve any person from the
obligation to comply with all other provisions of this code, nor does it in
any way void the applicant's obligation to obtain necessary permits from any
other governmental agencies.
A.
Smoke emissions from stationary indirect heat exchanger.
(1)
No person shall cause, suffer, allow or permit visible smoke to be emitted into the outdoor air from the combustion of fuel in any stationary indirect heat exchanger, except as provided in Subsection A(2) of this section.
(2)
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 visible condensed 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's
or greater gross heat input and discharging through a stack or chimney having
all internal cross-sectional dimensions of 60 inches or greater.
B.
Smoke emissions from marine installations.
(1)
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 visible condensed water vapor,
to be emitted into the outdoor air from the combustion of fuel in the indirect
heat exchanger of any marine installation.
C.
Smoke emissions from the combustion of fuel in mobile
sources. No person shall cause, suffer, allow or permit smoke, the shade or
appearance of which is darker than No. 2 on the Ringelmann Smoke Chart or
greater than 40% opacity, exclusive of visible condensed water vapor, to be
emitted into the outdoor air from the combustion of fuel in any mobile source
for a period of more than 10 consecutive seconds.
D.
Smoke emissions from stationary internal-combustion engines
and stationary turbine engines. 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 visible condensed water
vapor, to be emitted into the outdoor air from the combustion of fuel in any
stationary internal-combustion engine or any stationary turbine engine for
a period of more than 10 consecutive seconds.
E.
Smoke emissions from diesel-powered engines. 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 visible condensed water vapor, to be emitted into the outdoor
air from the combustion of fuel in any diesel engine for a period of more
than 10 consecutive seconds.
A.
No person shall cause, suffer, allow or permit particles
to be emitted into the outdoor air from any stack or chimney, 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 are 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 DEP in accordance
with N.J.A.C. 7:27-6.5.
(3)
Indirect heat exchangers.
(4)
Incinerators.
C.
Fugitive emissions prohibited. No person shall cause,
suffer, allow or permit:
(1)
The operation of construction sites without adequate
mud- and dust-control measures on all roadways and/or traveled areas.
(2)
Demolition activities unless watering is done twice daily
at 0.5 gallon per square yard or the equivalent wetting power using other
acceptable means at the active demolition area.
(3)
The demolition or renovation of an institutional, industrial
or commercial building containing friable asbestos material, unless:
(4)
Unpaved roadways or parking lots without adequate mud-
and dust-control measures.
(5)
Storage piles where particulate matter is entrained and
deposited onto neighboring properties.
(6)
Fugitive emissions from charging doors, ductwork, vents,
windows and doors, outdoor industrial operations and materials handling whereby
particulates are deposited onto neighboring properties.
A.
No person shall cause, suffer, allow or permit the motor
of a diesel-powered or gasoline-powered vehicle to be in operation for more
than three consecutive minutes if the vehicle is not in motion, except that,
where the ambient temperature is 32° F. or less, then the permitted period
for idling shall be five consecutive minutes.
B.
The provisions of Subsection A shall not apply to:
(1)
Buses discharging or picking up passengers.
(2)
Vehicles stopped in a line of traffic.
(3)
Electric motor vehicles.
(4)
Emergency vehicles in performance of their prescribed
function.
(5)
Vehicles whose primary and/or secondary power source
is utilized, in whole or in part, for necessary and definitively prescribed
mechanical operation other than propulsion.
A.
No person shall cause, suffer, allow or permit surface
coating by spraying, on all buildings, structures, facilities, installations
or internal or external portions thereof, asbestos or friable materials containing
in excess of 0.25% (by weight) asbestos.
B.
No person shall engage in demolition or renovation activity involving asbestos unless such activity is in accordance with § 21-7C(3).
C.
Tests.
(1)
Any person responsible for the manufacture, application
or use of any coating which the Director 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 C(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.
Storage of volatile organic substances.
(1)
No person shall cause, suffer, allow or permit the storage
of a volatile organic substance in any stationary storage tank of 2,000 gallons
(7,570 liters) or greater exposed to the rays of the sun, unless the external
surface of the tank is painted and maintained white. The provisions of this
section shall not apply to words and logograms applied to the external surface
of a storage tank for purposes of identification, provided that such symbols
do not cover more than 20% of the external surface area of the tank's sides
and top or more than 200 square feet (18.6 square meters), whichever is less.
(2)
No person shall cause, suffer, allow or permit the storage
of a volatile organic substance in any stationary storage tank having a maximum
capacity of 10,000 gallons (37,850 liters) or greater, unless such stationary
tank is equipped with control apparatus as determined in accordance with the
procedure for using Table 1 or as approved by the DEP as being equally or
more effective in preventing the emission of volatile organic substances into
the outdoor atmosphere.
|
Procedure for Using Table 1
| |||
|---|---|---|---|
|
Step 1:
|
Determine the vapor pressure at standard conditions, in pounds per square
inch absolute, of the volatile organic substances to be stored.
| ||
|
Step 2:
|
Select the appropriate line in Table 1 for the vapor pressure determined
in Step 1.
| ||
|
Step 3:
|
Determine the maximum tank capacity in thousands of gallons.
| ||
|
Step 4:
|
Find the tank capacity range classification for the vapor pressure determined
under Step 1.
| ||
|
Step 5:
|
Determine the control requirements in accordance with the following
schedule:
| ||
|
Range I:
|
No control apparatus required under this subsection
| ||
|
Range II:
|
Conservation vent required
| ||
|
Range III:
|
Floating roof required
| ||
|
TABLE 1
Determinants of Type Control Apparatus Required for Storage of
Volatile Substances
| |||||
|---|---|---|---|---|---|
|
Vapor Pressure
(pounds per square inch absolute at 70° F.)
|
Tank Capacity
(thousands of gallons)
| ||||
|
Range I
|
Range II
|
Range III
| |||
|
Greater Than
|
But Not Greater Than
|
Not Greater Than
|
Greater Than
|
But Not Greater Than
|
Greater Than
|
|
*0.02
|
0.03
|
4,500
|
4,500
|
14,000
|
14,000
|
|
0.03
|
0.04
|
4,500
|
4,500
|
11,000
|
11,000
|
|
0.04
|
0.06
|
3,500
|
3,500
|
8,000
|
8,000
|
|
0.06
|
0.08
|
2,500
|
2,500
|
6,000
|
6,000
|
|
0.08
|
0.10
|
2,000
|
2,000
|
4,500
|
4,500
|
|
0.10
|
0.15
|
1,600
|
1,600
|
3,500
|
3,500
|
|
0.15
|
0.2
|
1,050
|
1,050
|
2,500
|
2,500
|
|
0.2
|
0.3
|
750
|
750
|
1,600
|
1,600
|
|
0.3
|
0.4
|
550
|
550
|
1,250
|
1,250
|
|
0.4
|
0.5
|
475
|
475
|
1,075
|
1,075
|
|
0.5
|
0.6
|
400
|
400
|
900
|
900
|
|
0.6
|
0.7
|
350
|
350
|
750
|
750
|
|
0.7
|
0.8
|
300
|
300
|
650
|
650
|
|
0.8
|
1.0
|
260
|
260
|
550
|
550
|
|
1.0
|
1.2
|
210
|
210
|
475
|
475
|
|
1.2
|
1.4
|
190
|
190
|
400
|
400
|
|
1.4
|
1.6
|
170
|
170
|
350
|
350
|
|
1.6
|
1.8
|
150
|
150
|
300
|
300
|
|
1.8
|
2.1
|
125
|
125
|
260
|
260
|
|
2.1
|
2.4
|
110
|
110
|
225
|
225
|
|
2.4
|
2.7
|
100
|
100
|
200
|
200
|
|
2.7
|
3.0
|
90
|
90
|
180
|
180
|
|
3.0
|
3.5
|
80
|
80
|
160
|
160
|
|
3.5
|
4.0
|
70
|
70
|
145
|
145
|
|
4.0
|
4.5
|
60
|
60
|
130
|
130
|
|
4.5
|
5.0
|
50
|
50
|
115
|
115
|
|
5.0
|
5.5
|
50
|
50
|
105
|
105
|
|
5.5
|
6.0
|
50
|
50
|
95
|
95
|
|
6.0
|
6.5
|
40
|
40
|
85
|
85
|
|
6.5
|
7.0
|
40
|
40
|
75
|
75
|
|
7.0
|
7.5
|
40
|
40
|
70
|
70
|
|
7.5
|
8.0
|
35
|
35
|
65
|
65
|
|
8.0
|
8.5
|
35
|
35
|
60
|
60
|
|
8.5
|
9.5
|
30
|
30
|
55
|
55
|
|
9.5
|
10.5
|
25
|
25
|
50
|
50
|
|
10.5
|
11.5
|
20
|
20
|
45
|
45
|
|
11.5
|
13.0
|
10
|
10
|
40
|
40
|
|
*NOTE:
|
VOS which have a vapor pressure of 0.02 pound per square inch absolute
at 70° F. shall be included in this line.
| |||||||
(3)
No person shall cause, suffer, allow or permit the storage
of a volatile organic substance having a vapor pressure of greater than 13.0
pounds per square inch absolute (672 millimeters of mercury) at the actual
temperature existing at or near the liquid surface in any stationary storage
tank having a maximum capacity of 1,000 gallons (3,785 liters) or greater,
unless such tank is equipped with a vapor-control system to reduce the rate
of volatile organic substance emissions to the outdoor atmosphere by at least
90%, by weight, of the process emission rate.
(4)
No person shall cause, suffer, allow or permit the storage of a volatile organic substance in any stationary storage tank subject to the provisions of either Subsection A(2) in Ranges II and III or Subsection A(3) of this section and equipped with gauging and/or sampling systems, unless such systems are vaportight, except when gauging or sampling is taking place.
(5)
The provisions of Subsections A(2) and (3) of this section shall not apply to a stationary storage tank in Range II located underground at a depth no less than eight inches (20.3 centimeters) below the surface, measured to the highest point of the tank shell, or installed in another manner approved by the DEP as being equally or more effective in preventing the emission of VOS into the outdoor atmosphere.
(7)
Any stationary storage tank in Range III, as determined
from Table I, constructed or installed on or after December 17, 1979, shall
be provided with a double-seal floating roof or other control apparatus approved
by the DEP as being equally or more effective in preventing the emission of
volatile organic substances into the outdoor atmosphere.
(8)
No person shall cause, suffer, allow or permit the storage
of a volatile organic substance in any stationary storage tank having a maximum
capacity of 40,000 gallons (151,400 liters) or greater and equipped with an
external floating roof, unless such stationary storage tank is equipped with
control apparatus as determined in accordance with the procedure for using
Table 1A or as approved by the DEP as being equally or more effective in preventing
the emission of volatile organic substances into the outdoor atmosphere.
|
Procedure for Using Table 1A
| |||
|---|---|---|---|
|
Step 1:
|
Determine the vapor pressure at standard conditions in pounds per square
inch absolute of the volatile organic substance to be stored.
| ||
|
Step 2:
|
Select the appropriate line in Table 1A for the vapor pressured determined
in Step 1.
| ||
|
Step 3:
|
Determine the type of construction of the tank shell or walls, whether
riveted or welded.
| ||
|
Step 4:
|
Determine the maximum tank capacity, in thousands of gallons.
| ||
|
Step 5:
|
Find the tank capacity range classification for the vapor pressure determined
under Step 1 and for the type of construction determined under Step 3.
| ||
|
Step 6:
|
Determine the control requirements in accordance with the following:
| ||
|
Range R-1 and
Range W-1:
|
A single seal-envelope combination is required.
| ||
|
Range R-2 and
Range W-2:
|
A second seal-envelope combination must be added.
| ||
|
TABLE 1A
Determinants of Requirements for Second Seal Retrofits on Floating
Roof Storage Tanks Containing Volatile Organic Substances
| ||||||
|---|---|---|---|---|---|---|
|
Vapor Pressure
(pounds per square inch absolute at 70° F.)
|
Tank Capacity
(thousands of gallons)
| |||||
|
Riveted Tanks
|
Welded Tanks
| |||||
|
Range R-1
|
Range R-2
|
Range W-1
|
Range W-2
| |||
|
Greater Than
|
But Not Greater Than
|
Not Greater Than
|
Greater Than
|
Not Greater Than
|
Greater Than
| |
|
*0.02
|
1.0
|
--
|
--
|
--
|
--
| |
|
1.0
|
1.2
|
470
|
470
|
--
|
--
| |
|
1.2
|
1.4
|
400
|
400
|
--
|
--
| |
|
1.4
|
2.6
|
350
|
350
|
--
|
--
| |
|
1.6
|
1.8
|
300
|
300
|
--
|
--
| |
|
1.8
|
2.0
|
265
|
265
|
--
|
--
| |
|
2.0
|
2.2
|
230
|
230
|
1,030
|
1,030
| |
|
2.2
|
2.4
|
200
|
200
|
930
|
930
| |
|
2.4
|
2.6
|
175
|
175
|
840
|
840
| |
|
2.6
|
2.8
|
155
|
155
|
770
|
770
| |
|
2.8
|
3.0
|
135
|
135
|
720
|
720
| |
|
3.0
|
3.2
|
120
|
120
|
665
|
665
| |
|
3.2
|
3.4
|
105
|
105
|
620
|
620
| |
|
3.4
|
3.6
|
90
|
90
|
580
|
580
| |
|
3.6
|
3.8
|
80
|
80
|
545
|
545
| |
|
3.8
|
4.0
|
75
|
75
|
510
|
510
| |
|
4.0
|
4.4
|
65
|
65
|
450
|
450
| |
|
4.4
|
4.8
|
60
|
60
|
405
|
405
| |
|
4.8
|
5.2
|
50
|
50
|
360
|
360
| |
|
5.2
|
5.6
|
45
|
45
|
320
|
320
| |
|
5.6
|
6.0
|
40
|
40
|
280
|
280
| |
|
6.0
|
6.4
|
40
|
40
|
245
|
245
| |
|
6.4
|
6.8
|
40
|
40
|
210
|
210
| |
|
6.8
|
7.2
|
40
|
40
|
180
|
180
| |
|
7.2
|
7.6
|
40
|
40
|
155
|
155
| |
|
7.6
|
8.0
|
40
|
40
|
130
|
130
| |
|
8.0
|
8.4
|
40
|
40
|
110
|
110
| |
|
8.4
|
8.8
|
40
|
40
|
90
|
90
| |
|
8.8
|
9.6
|
40
|
40
|
65
|
65
| |
|
9.6
|
10.4
|
40
|
40
|
50
|
50
| |
|
10.4
|
--
|
40
|
40
|
40
|
40
| |
|
*NOTE:
|
VOS which have a vapor pressure of 0.02 pound per square inch absolute
at 70° F. shall be included in this line.
| |||||
(9)
No person shall cause, suffer, allow or permit the storage
of a volatile organic substance having a vapor pressure of greater than 1.5
pounds per square inch absolute (75 millimeters of mercury) at standard conditions
in any stationary storage tank having a maximum capacity of 40,000 gallons
(151,400 liters) or greater and equipped with a second seal-envelope combination.
The gap area of gaps exceeding 1/8 inch (0.32 centimeter) in width shall not
exceed one square inch per foot of tank diameter (6.5 square centimeters per
0.3 meter of tank diameter).
(10)
No person shall cause, suffer, allow or permit the storage
of a volatile organic substance in any stationary storage tank equipped with
an external floating roof unless all openings in such roof, excluding emergency
roof drains, are covered when not in active use.
(11)
Any delivery vessel, excluding a railroad tank car, used
for storing volatile organic substances for more than one month shall be considered
a stationary storage tank for the purposes of this section.
B.
Transfer operations of volatile organic substances.
(1)
No person shall cause, suffer, allow or permit the transfer
of any volatile organic substances into any receiving vessel of 2,000 gallons
(7,570 liters) or greater capacity, unless such transfer is made through a
submerged fill pipe or by other means approved by the DEP as being equally
or more effective in preventing the emission of volatile organic substances
into the outdoor atmosphere during transfer.
(2)
The provisions of Subsection B(1) of this section shall not apply to manufacturing process vessels installed before December 17, 1979.
(3)
No person shall cause, suffer, allow or permit the transfer
of gasoline from any delivery vessel into any stationary storage tank of 2,000
gallons (7,570 liters) or greater capacity, unless such storage tank is equipped
with and operating one of the following controls:
(a)
A vapor-balance system with all atmospheric vents positively
closed during transfer.
(b)
A vapor-balance system with a conservation vent adjusted
to remain closed during the transfer.
(c)
A vapor-balance system with a drilled cap on the atmospheric
vent, the drilled hole not to exceed 1/4 inch (6.4 millimeters) in diameter.
(d)
A vapor-control system which prevents emissions of more
than 6.7 pounds of volatile organic substance per 10,000 gallons (80 milligrams
per liter) of gasoline transferred.
(e)
A floating roof or equivalent approved by the DEP.
(4)
No person shall cause, suffer, allow or permit the transfer of gasoline into any delivery vessel of 2,000 gallons (757 liters) or greater capacity, unless such delivery vessel is connected to control apparatus installed and operating in accordance with the provisions of Subsection B(5) of this section.
(5)
No person shall cause, suffer, allow or permit the transfer
or loading of gasoline from a gasoline-loading facility unless such facility
is equipped with and operating a control apparatus in accordance with the
following provisions:
(a)
Facilities loading more than 4,000 gallons (15,140 liters)
per day but not more than 15,000 gallons (56,775 liters) per day shall be
equipped with and operating a vapor-balance system or other control apparatus
of equal or higher control efficiency. Such vapor-balance system shall have
no open operating vent to the atmosphere during transfer and shall not return
the vapors to any tank equipped with a floating roof.
(b)
Facilities loading more than 15,000 gallons (56,775 liters)
per day shall be equipped with and operating a vapor-control system which:
[1]
Prevents volatile organic substance emissions to the
outdoor atmosphere from exceeding the maximum allowable emissions as determined
from Table 2; or
[2]
Reduces the total emissions of volatile organic substances
to the outdoor atmosphere by no less than 90% by weight.
|
TABLE 2
Emission Standards for Gasoline-Loading Facilities Loading More
Than 15,000 Gallons (56,775 Liters) Per Day
| |||
|---|---|---|---|
|
Concentration of Volatile Organic Substances in Gas Displaced
from Delivery Vessel(volume percent)
|
Maximum Allowable Emissions per Volume Unit Loaded
| ||
|
Greater Than
|
But Not Greater Than
|
Pounds Per 10,000 Gallons
|
Milligrams per Liter
|
|
50
|
--
|
6.7
|
80
|
|
40
|
40
|
5.8
|
70
|
|
30
|
40
|
5.0
|
60
|
|
20
|
30
|
4.2
|
50
|
|
15
|
20
|
3.8
|
45
|
|
0
|
15
|
3.3
|
40
|
|
The daily loading rate shall be calculated on the basis of the daily
average rate during the month with the highest throughput in the last 12 months
operated.
|
(6)
After December 21, 1982, no person shall cause, suffer,
allow or permit any delivery vessel having a maximum total capacity of 2,000
gallons (7,570 liters) or greater to contain gasoline, unless such delivery
vessel:
(a)
Sustains a pressure change of less than three inches
of water (six millimeters of mercury) in five minutes when pressurized to
18 inches of water (34 millimeters of mercury) and evacuated to six inches
of water (11 millimeters of mercury), as tested at least once in every twelve-month
period of leaks in accordance with test procedures specified by the DEP; and
(b)
Has a DEP-approved certificate fastened to the vessel
in a prominent location which indicates the identification number of the vessel
and the date the vessel last passed the pressure and vacuum tests.
(7)
After December 31, 1982, no person shall cause, suffer, allow or permit a transfer of gasoline subject to the provisions of Subsection B(3), (4) and (5) of this section if the delivery vessel being loaded is under a pressure in excess of 18 inches of water (34 millimeters of mercury) gauge or the delivery vessel being unloaded is under a vacuum in excess of six inches of water (11 millimeters of mercury) gauge.
(8)
No person shall cause, suffer, allow or permit volatile organic substances to be emitted into the outdoor atmosphere during a transfer of gasoline, subject to the provisions of Subsection B(3), (4) and (5) of this section, from leaking components of gasoline vapor-control systems or delivery vessels being loaded or unloaded if:
(9)
The provisions of Subsection B(4) of this section shall not apply to delivery vessels used for less than one month for the purpose of holding gasoline from a storage tank during a period in which the storage tank is undergoing repair or maintenance.
(10)
No person shall cause, suffer, allow or permit the transport
of any volatile organic substance in a delivery vessel of 2,000 gallons (7,570
liters) or greater capacity, unless such vessel is vaportight at all times
while containing volatile organic substances, except:
(11)
The provisions of this section shall not apply to the
transfer of volatile organic substances into marine delivery vessels.
C.
Cutback and emulsified asphalts. No person shall cause,
suffer, allow or permit the use of cutback asphalt or emulsified asphalt containing
a volatile organic substance unless:
(1)
The material is applied during the periods January 1
through April 15 or October 15 through December 31;
(2)
The use is solely as a penetrating prime coat;
(3)
The emulsified asphalt contains no greater than 80% of
volatile organic substances by volume and is used for mixed-in-place construction;
(4)
The material is a cold-mix, stockpile material used for
pavement repair; or
(5)
The user can demonstrate that there are no emissions
of volatile organic substance from the asphalt under conditions of normal
use.
D.
Exceptions.
(1)
The provisions of the control of volatile organic substances
shall not apply to any stationary vessel or delivery vessel maintained under
a pressure greater than one atmosphere, provided that any vent serving such
vessel has the sole function of relieving pressure under abnormal emergency
conditions.
(2)
The provisions of the control of volatile organic substances
shall not apply to the emissions of volatile organic substances from the following
operations:
A.
Certificate of registration. No person shall use or cause
to be used any fuel-burning equipment without first having obtained a certificate
of registration. Such certificates shall be valid for three years from their
date of issuance, unless revoked by reason of noncompliance with any condition
or restriction as set forth in the registration. A registration must be renewed
by application between 30 and 90 days prior to its expiration date. Information
on either new installations being placed into service or existing installations
which have been altered shall be submitted to the Director within three months
after their introduction to service.
B.
Compliance with other provisions. The possession of a
certificate of registration does not relieve any person from the obligation
to comply with all other provisions of this code, nor does it in any way void
the applicant's obligation to obtain necessary permits from any other governmental
agencies.
C.
Display of certificate. Any person in possession of a
certificate of registration shall maintain said certificate readily available
on the operating premises.
D.
Exemption. The provisions of § 21-11 shall not apply to:
(1)
A fuel-burning unit in a structure used exclusively for
residential occupancy of six dwelling units for less.
(2)
Motor vehicles operating on the public highways, mobile
or marine sources.
(3)
A building where the rated capacity of the fuel-burning
unit is less than or equal to 140,000 Btu's per hour gross heat input.
E.
Application. Applications for certificates of registration
shall be made to the Health Department on forms provided by the Health Department.
F.
Information to be supplied. The Health Department may
require such details regarding the fuel-burning equipment as it considers
necessary to determine that the equipment is designed to operate without causing
a violation of any of the provisions of this code or of any rules or regulations
promulgated hereunder and that the equipment incorporates advances in the
art of air-pollution control developed for the kind and amount of air contaminant
emitted by the applicant's equipment and that the equipment is being maintained
and operated in a manner which minimizes emissions of air contaminants.
G.
Any person applying for a certificate of registration
for fuel-burning equipment shall supply the following information:
(1)
The location of the stack or chimney from which are discharged
into the open air products of combustion from the burning of solid, liquid
or gaseous fuel.
(2)
The type of fuel burned.
(3)
The heat content of the fuel burned.
(4)
The quantity of fuel burned per hour and/or year.
(5)
A description of the combustion equipment configuration.
(6)
The usual period of operation.
(7)
The height and size of the outlet.
(8)
A description of the air-pollution control equipment,
including but not limited to smoke alarms, bolometers, transmisometers or
opacity meters.
(9)
The name, address and business hours telephone number
of the owner and/or person responsible for the maintenance of the equipment
and at least two nonbusiness hour telephone numbers to be used in an emergency
situation.
(10)
The name, address and business hours telephone number
of the owner and/or person responsible for the day-to-day operation of the
equipment and at least two nonbusiness hour telephone numbers to be used in
an emergency situation.
(11)
Certification as to maintenance, repair or inspection
activity which would serve to ensure minimal levels of contaminants emitted.
(12)
The DEP permit/certificate and/or owner identification
number attached to the unit.
(13)
Such other information as the Health Department may require.
H.
Inspections. All fuel-burning equipment may be inspected
by the Director or his agent prior to the issuance of a certificate and shall
be subject to inspection at any time by the Director or his agent during the
term of the certificate.
I.
Fees. The certificate fee for each fuel-burning unit
shall be made payable to Treasurer, Middlesex County, at the beginning of
each renewal period as follows:
(1)
Thirty dollars from 140,001 to 499,999 Btu's per hour
gross heat input.
(2)
Sixty dollars from 500,000 to 999,999 Btu's per hour
gross heat input.
(3)
Seventy-five dollars over 1,000,000 Btu's per hour gross
heat input.
(4)
Space heaters in excess of 140,000 Btu's per hour shall
be registered as per Categories 1 to 3 above. In no case shall the collective
listing of individual space-heating units below 140,000 Btu's per hour require
more than a Category 3 registration.
A.
Single flue-fed incinerator prohibited. No person shall
construct, install, use or cause to be used any single flue-fed incinerator.
B.
Operating incinerators. No person shall construct, install,
use or cause to be used any new incinerator or use or cause to be used any
existing incinerator unless such incinerator:
(1)
Is of the multiple-chamber type or is of a type approved
by the DEP and rated by it as being equally effective for the purpose of air-pollution
control.
(3)
Is in use with all components connected or attached or
serving the equipment functioning properly in accordance with the Health Department
permit.
(4)
Fulfills all conditions and provisions of the Health
Department permit.
C.
Smoke emissions. No person shall cause, suffer, allow
or permit smoke from any incinerator, 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 open air.
D.
New fires. The provisions of Subsection E shall not apply to smoke emitted into the open air during the building of a new fire, the shade or appearance of which is darker than No. 2 on the Ringelmann Smoke Chart or greater than 40% opacity, exclusive of water vapor, for a period of not longer than three consecutive minutes.
E.
Visible particles. No person shall cause, suffer, allow
or permit the emission of particles of unburned waste or ash from any incinerator
which are individually large enough to be visible while suspended in the atmosphere.
F.
Odors. No person shall cause, suffer, allow or permit
the use of any incinerator which will result in odors being detectable by
sense of smell in any area of human use or occupancy.
G.
Time of operation. No person shall cause, suffer, allow
or permit in the municipality the operation of any incinerator prior to 7:00
a.m. or after 5:00 p.m. of any day. All operations, including complete extinction
of the fire and removal of materials in a safe manner from the firebox to
a noncombustible container, shall be completely terminated by 5:00 p.m.; provided,
however, that, by a special permit provision, the Health Department may, because
of exceptional circumstances, permit different hours of operation under such
conditions as it shall deem necessary for the health, safety and welfare of
the public or persons in the vicinity.
H.
Sealing of an incinerator. 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 of the
same, pending a hearing in the Municipal Court.
A.
Permit required. No person shall cause, suffer, allow
or permit the use of any incinerator equipment without first having obtained
a permit issued by the Health Department. Such permits shall be valid for
three years from their date of issuance, unless revoked by reason of noncompliance
with any condition or restriction as set forth in the permit. A permit must
be renewed by application between 30 and 90 days prior to its expiration date.
Information on either new installations being placed into service or existing
installations which have been altered shall be submitted to the Director within
three months after their introduction to service.
B.
Conditional approval. Upon receipt of an application
for the issuance of a permit, or any renewal thereof, the Director may issue
a temporary permit valid for a period not to exceed 90 days and conditioned
upon specified improvements or restrictions being made within the prescribed
time.
C.
Compliance with other provisions. The possession of an
incinerator permit does not relieve any person from the obligation to comply
with all other provisions of this code, nor does it in any way void the applicant's
obligation to obtain necessary permits from any other governmental agencies.
D.
Display of permit. Any person in possession of a permit
shall maintain said permit readily available on the operating premises.
E.
Application. Application for a permit shall be made to
the Health Department on forms provided by the Health Department.
F.
Information to be supplied.
(1)
The Health Department may require such details regarding
the incinerator as it considers necessary to determine that the incinerator
is designed to operate without causing a violation of any of the provisions
of this code or of any rules or regulations promulgated hereunder and that
the incinerator incorporates advances in the art of air-pollution control
developed for the kind and amount of air contaminant emitted by the applicant's
incinerator and that the incinerator is being maintained and operated in a
manner which minimizes emissions of air contaminants.
(2)
An application for an incinerator permit shall supply
the following information:
(a)
The nature of the installation.
(b)
The type and quantity of waste to be burned.
(c)
A description of safety and fire-protection devices.
(d)
A description of the equipment configuration.
(e)
A description of the devices that are incorporated with
the incinerator to ensure against the emission of air pollutants.
(f)
The name, address and business hours telephone number
of the owner and/or person responsible for the day-to-day operation of the
equipment and at least two nonbusiness hour telephone numbers to be used in
an emergency situation.
(g)
The name, address and business hours telephone number
of the owner and/or person responsible for the maintenance of the equipment
and at least two nonbusiness hour telephone numbers to be used in an emergency
situation.
(h)
The DEP permit/certificate and/or owner identification
number assigned to the unit.
(i)
Such other information as the Health Department may require.
G.
Inspections. All incinerators may be inspected by the
Director or his agent prior to the issuance of a permit and shall be subject
to inspection at any time by the Director or his agent during the term of
the permit.
H.
Fees. The permit fee for each incinerator shall be $75,
payable to Treasurer, Middlesex County, at the beginning of each renewal period.
A.
Registration requirements.
(1)
Any person operating a point source within the Township
of Old Bridge must obtain a certificate of registration from the Health Department.
(2)
Application for a point source certificate of registration
shall be made to the Health Department on forms provided by the Health Department.
(3)
All existing point sources must be registered within
three years of the effective date of this code.
B.
Registration application information pertaining to point
sources shall include but not be limited to:
(1)
A plot plan, to scale, with North orientation and plant
property lines where the facility is located.
(2)
The plan will include the height above ground level of
all point sources (e.g., stacks or other points which discharge air contaminants
into the outdoor atmosphere).
(3)
The plan will delineate the location of all existing
and proposed point sources, including stationary combustion installations
and incinerators. A facility designated identification number, not exceeding
five digits, is to be assigned to each point source.
(4)
The plan will include the shortest straight line distance
from the point source to:
(5)
A description of all equipment and control devices.
(6)
The identification numbers of all existing permits and
certificates issued by the DEP.
(7)
The name of the facility owner for which the application
is being prepared. For a corporation, include the division or subsidiary name.
(8)
The mailing address of the owner and the facility.
(9)
The name of designated facility contact to be contacted
regarding the application and who is authorized by the owner to represent
the owner.
(10)
The business hours telephone number of designated facility
contact and at least two off-hour telephone numbers to be used in an emergency
situation.
(11)
The maximum emission rate, in pounds per hour, for each
air contaminant.
(12)
The maximum number of hours per day the contaminant will
be emitted.
(13)
The maximum number of days per year the contaminant will
be emitted.
(14)
Other pertinent information relative to the point source
as deemed appropriate by the Director.
C.
Compliance with other provisions. The possession of a
certificate of registration does not relieve any person from the obligation
to comply with all of the provisions of this code, nor does it in any way
void the applicant's obligation to obtain all other necessary permits, certificates
and licenses from any other governmental agency.
D.
Display of certificate. Any person in possession of a
certificate of registration shall maintain said certificate readily available
on the operating premises.
E.
Inspections. All point sources requiring registration
with the Health Department may be inspected by the Health Department or its
agent prior to the issuance of a certificate of registration, and the registered
point source shall be subject to inspection at any time by the Health Department
or its agent during the effective term of the certificate of registration.
F.
Fees.
(1)
The certificate of registration fee for each point source
subject to this section shall be $30, made payable to Treasurer, Middlesex
County, and is renewable every three years at a fee of $30.
(2)
Renewals shall be submitted 90 days prior to the expiration
of an existing certificate of registration.
G.
Exemptions. Registration of a point source is not required
for dwelling units used exclusively for residential occupancy.
A.
A certificate of registration for a point source or fuel-burning
equipment or a permit for an open-burning exercise facility or an incinerator
may be denied or rescinded under the following conditions:
B.
A certificate of registration or permit shall be rescinded
or denied only at such time after the owner or operator shall have been notified,
in writing, of the findings and determinations made by the Middlesex County
Health Department. The owner or operator shall then have 10 days after written
notification to appeal said decision to the Director.
A.
All buildings and premises subject to this code are subject
to inspection from time to time by the Director or his duly authorized representatives.
All rooms and areas in the buildings or on the premises, except private residences,
shall be available and accessible for such inspection, which shall be made
during usual business hours; provided, however, that inspection may be made
at other times if the premises is not available during the foregoing hours
for inspections, 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 there is reason to believe a violation
exists of a character which is an immediate threat to life, health or safety
requiring inspection and abatement without delay, 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 the 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 municipality where the facility, equipment or process is located 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 requires 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 and/or system, type of incinerator, particular use of premises or
other factors which render systematic inspection of such buildings necessary
in the interest of public health and safety.
(2)
If the Judge of the municipality is satisfied as to the
matter set forth in the 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.
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 $2,500 for each violation.
Each day that such violation shall continue shall constitute a separate offense.[1]
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.
A.
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.
B.
This code is promulgated and adopted in accordance with
N.J.S.A. 26:2C-8 of P.L. 1954, c. 212 (Title 26:2C-1 to 2C-23); as amended;
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.[1]
The Air Pollution Control Code of the Township of Old Bridge shall be
enforced by the Director of the Middlesex County Health Department and authorized
agents thereof. All health officers of municipalities not contracted with
the Middlesex County Health Department are hereby designated officers for
purposes of the enforcement of this code.
A.
Purpose. The purpose of this rule is to establish procedures
for the creation, storage and transfer of emission reduction credits (ERC's)
in Middlesex County, New Jersey.
B.
Scope. This rule applies to all criteria pollutants regulated
by the state and county agencies.
C.
ACTUAL HISTORICAL EMISSION
ADMINISTRATOR
ALLOWABLE EMISSIONS
(1)
(2)
(3)
(4)
BANKING
BASELINE
COUNTY AGENCY
CRITERIA POLLUTANT
EMISSION OFFSET
EMISSION-REDUCTION CREDIT (ERC)
EMPLOYEE COMMUTER TRAVEL CONTROL MEASURES
EMPLOYER BUSINESS TRAVEL CONTROL MEASURES
FACILITY
FUGITIVE EMISSION
MINIMUM OFFSET RATIO
PERSON
POINT SOURCE
REASONABLE AVAILABLE CONTROL TECHNOLOGY (RACT)
REASONABLE FURTHER PROGRESS
REGISTRY
SOURCE OPERATION
STATE AGENCY
STATE IMPLEMENTATION PLAN (SIP)
Definitions. As used in this section, the following terms
shall have the meanings indicated:
The average rate, in tons per year (or applicable measurement), that
the facility actually emitted during the most representative year in the last
five years of operation, as determined by the state agency.
The Administrator of the United States Environmental Protection Agency
or any person authorized to act for him or her.
The rate which an air contaminant may be emitted into the outdoor
atmosphere. For the purposes of these procedures, the allowable emissions
shall be based on the maximum rated capacity of the equipment or on enforceable
permit conditions which limit the operating rate, hours of operation, or both,
and on the most stringent of the following:
Applicable new source performance standards as set forth in 40 CFR 60.
Applicable standards for hazardous pollutants as set forth in 40 CFR
61.
Applicable emission, equipment and operating standards as set forth
in N.J.A.C. 7:27 et seq.
The maximum emission rate specified as a condition of the last applicable
DEP permit in effect prior to an emission reduction approved by the state
agency for an emission offset or for banking.
Procedures established by the county agency which allow facilities
that have created emission-reduction credits and had them approved by the
state agency to store them for further use subject to rights and conditions
specified in these banking procedures and the Clean Air Act.
The required level of emissions beyond which reduction must occur
in order for an emission-reduction credit to be created.
The Middlesex County Planning Board and the Middlesex County Health
Department, which are authorized to administer these procedures.
Ozone (03), total suspended particulate matter
(TS), sulfur oxides measured as sulfur dioxide (SO2),
nitrogen dioxide (NO2), volatile organic substances
(VOS) measured as nonmethane hydrocarbons, or carbon monoxide (CO) or any
other air contaminant for which national ambient air quality standards have
been adopted.
A legally enforceable reduction, approved by the state agency, in
the rate of actual emissions from an existing facility to offset the increase
in the allowable emissions of air contaminants from a new or altered facility.
A surplus emission reduction approved by the state agency, which
represents a permanent and enforceable decrease in the quantity of a pollutant
discharged from a source below the applicable baseline.
Methods used by an employer to reduce the amount of air contaminant
emissions due to travel of his employees getting to and from the place of
employment. Such methods may include but are not limited to ride-sharing programs
(car-pooling or van-pooling), preferential parking programs, employee incentives
to use mass transportation, staggered work hours and vehicle emission-control
programs.
Methods used by an employer to reduce the amount of air contaminant
emissions due to company-related travel. Such methods may include but are
not limited to ride-sharing programs, optimization of delivery schedules,
staggered work hours, vehicle emission-control programs, alternative fuel
and alternative propulsion systems.
The combination of all structures, buildings, equipment and other
operations located on one or more contiguous or adjacent properties owned
or operated by the same person.
Any emission of an air contaminant into the open air other than through
any stack, chimney, conduit, flue or other device.
The minimum acceptable ratio of emission offsets from an existing
facility to increase in allowable emissions from a new or altered facility.
Includes associations, authorities, companies, corporations, firms,
joint-stock companies, partnerships, societies, as well as individuals, and
shall also include all political subdivisions of this state and/or any agencies
or instrumentalities thereof.
Any stationary, discernible, confined and discrete conveyance or
conduit, including but not limited to any stack, chimney, duct, exhaust, ventilation,
flue, breather or pressure-release valve, so arranged or designed as to conduct
an effluent into the outdoor air.
The lowest emission limit that a particular course is capable of
meeting by the application of control technology that is reasonably available,
considering technological and economic feasibility.
Annual incremental reductions in emissions to the outdoor atmosphere
of a criteria pollutant which are sufficient, in the judgment of the state
agency, to provide for attainment of the National Ambient Air Quality Standards
(NAAQS), as required by the Clean Air Act, as amended August 1977 (42 U.S.C.
§ 7401 et seq.).
Refers to the public recordkeeping system maintained by the county
for recording the creation and transfer of emission-reduction credits.
Any manufacturing process or any identifiable part thereof emitting
an air contaminant into the outdoor atmosphere through one or more stacks
or chimneys.
The New Jersey Department of Environmental Protection (DEP).
The state's current plan, as required by 42 U.S.C. § 7410,
for achieving Clean Air Act objectives.
D.
Administering authority. The Middlesex County Planning
Board and the Middlesex County Health Department are responsible for the administering
of these procedures.
E.
Application for creation of emission-reduction credits
(ERC's).
(1)
A person who owns or operates a source operation at which
a reduction in emissions has occurred or will occur may apply for the registration
of an ERC. An ERC will be registered only after the reduction has taken place.
(2)
Application for the registration of an ERC shall be made
on forms supplied by the county agency. No application to register an ERC
shall be approved unless accompanied by a service fee of $100, to be paid
to the Treasurer, Middlesex County.
(3)
Copies of applications will be retained by the county
agency, and the originals will be forwarded to the state agency.
(4)
A minimum deposit of one ton per year of emission reductions
of a single criteria pollutant at a facility is required in order to be eligible
to receive emission-reduction credit.
F.
Creation of emission-reduction credits (ERC's).
(1)
No emission-reduction credit (ERC) may be created unless
the following criteria are met:
(a)
The emission level after the reduction shall be incorporated
in a valid state certificate to operate (CTO) and shall be enforceable by
the county agency and the state agency through either a valid certificate
condition or a consent order.
(b)
The emission reduction must represent a real and permanent
decrease in emissions below the applicable baseline level.
(c)
The baseline used for reviewing emission reductions under
this section shall be actual historical emissions emitted by the facility
or the current level of allowable emission, whichever is lower. If this emissions
data is not available, then the baseline shall be DEP's applicable reasonable
available control technology (RACT) level for the source category.
(2)
The provisions of this rule shall not apply to emission
reductions created prior to six months of the effective date of these procedures,
unless documentation of emission reductions has been received by the state
agency pursuant to banking procedures set forth at N.J.A.C. 7:27 - 18:7. Firms
that have submitted documentation to the state agency pursuant to N.J.A.C.
7:27 - 18.7 may apply to the county agency for verification of emissions reductions
within six months of the effective date of these procedures.
(3)
Complete applications to register ERC's must be submitted
to the county agency within six months after the emission reduction occurs.
(4)
All applications to bank emission reductions with the
county agency are subject to approval by the state agency pursuant to Subpart
(a) and Subchapter 18 of Title 7, Chapter 27, of the New Jersey Administrative
Code.
G.
Means of creating emission reductions eligible to receive
credit. Emission reductions secured from the following measures are eligible
to receive emission-reduction credit:
(1)
Installing air-pollution control equipment which reduces
the rate of actual emissions at a facility.
(2)
Applying fugitive emission-control measures which reduce
the actual rate of emissions to less than that of the allowable emissions,
provided that the facility agrees to install post-reduction monitoring equipment
to assure that the reduction is maintained.
(3)
Reducing production rate of operating hours to less than
the actual rate or hours for the year immediately preceding such reductions
or for any representative year within five years of the reductions for volatile
organic substances (VOS); winter reductions may not be used to offset summer
increases in allowable emissions.
(4)
Establishing and supporting employer business travel-control
measures or employee commuter travel-control measures, provided that the reductions
are quantifiable, permanent, and enforceable and that they are not already
required by the New Jersey SIP for attaining and maintaining national ambient
air quality standards.
(5)
Effecting shutdowns of source operations, provided that:
(a)
The emission reductions are permanent and enforceable
and a report from the Middlesex County Health Department and/or the field
office of NJDEP, Bureau of Air Pollution Control, requests that the source
operation or entire facility which has been shut down be deleted from the
air pollution emissions data system (APEDS).
(b)
The emission reductions are not already included in New
Jersey's SIP demonstration for attaining and maintaining the national ambient
air quality standards.
(c)
The person who owns or operates a facility such as a
dry-cleaning establishment or a service station at which the emission reduction
is created demonstrates that the reduction will not be negated by countervailing
increases of the same criteria pollutants from the same type of facilities
in the area.
(d)
Written notice of the intent to shut down source operations
must be received by the county agency prior to the shutdown and removal of
equipment.
(e)
Owners or operators of source operations that achieve
emission reductions from shutdowns shall receive credit for 50% of the registered
emission reductions certified by the county agency and approved by the state
agency. The remaining 50% of the registered emission-reduction credit shall
be owned by the county agency to be allocated to air quality or economic development,
as determined by the Board of Chosen Freeholders with the advice of the Middlesex
County Air Quality Planning Committee. This section shall not affect emission
reductions for which firms file documentation to the state agency, pursuant
to N.J.A.C. 7:27 - 18:7, prior to the effective date of these banking procedures.
(f)
The baseline used for reviewing emission reductions under
this section shall be actual historical emissions emitted by the facility
or the current level of allowable emissions, whichever is lower. If this emissions
data is not available, then the baseline shall be DEP's applicable reasonable
available control technology (RACT) level for the source category.
H.
Approval and verification of credits; respective responsibilities
of the state and county agencies.
(1)
The county agency shall verify that emission reductions
have occurred at the applicant's facility and confirm information submitted
by the applicant regarding the nature and quantity of those reductions in
accordance with procedures required by the state agency.
(2)
To verify emission reductions, the county agency may
recommend to the state agency source tests or any other acceptable means of
measurement. The applicant must follow state-approved procedures involving
who performs the tests, how they are to be performed and how they are to be
financed.
(3)
All applications to bank emission reductions with the county agency are subject to inspection/validation, which may be performed by the county or state agency. Where inspection/validation is provided by the county, an inspection/validation fee of $100 shall be paid to the Treasurer, Middlesex County, for each source operation associated with the source operation's emission-reduction application, not to exceed any fee established by the state. Inspection/validation performed by the state shall be subject to the state fee schedule. No certificate of registration shall be issued under Subsection I of this section until such inspection/validation fee has been paid.
(4)
Within 30 days of receipt of the application form and
service fee, the county agency shall verify the emission reduction and shall
notify the applicant of its recommendation to the state agency on the eligibility
of the emission reduction for credit.
(5)
Once approved by the state agency and incorporated into
the source operating certificates, the emission reduction shall become an
enforceable operating restriction for the facility.
I.
Registration procedures.
(1)
ERC's may be used at the time they are registered or
may be stored in the county bank for future transfer or use.
J.
Conditions affecting the ownership of emission-reduction
credits.
(1)
If the banked ERC's are not used within 10 years, they
will revert to the ownership of the county agency. The Board of Chosen Freeholders
or its designated agent shall determine whether the unused ERC will be used
to produce an air quality benefit for the region or used for economic development.
(2)
Registered ERC's shall be discounted by 5% at the time of deposit in the bank, except as set forth in § 21-20G(5)(e). The 5% of the banked ERC's will be deemed owned by the county agency, to be used to produce an air quality benefit to economic development, as the Board of Chosen Freeholders or its designated agent shall determine. This section shall not affect emission reductions for which firms file applications to the state agency pursuant to N.J.A.C. 7:27 - 18.7 prior to the effective date of these banking procedures.
(3)
Registered ERC's shall be discounted when the state adopts
a control requirement which mandates greater emission reductions of the same
pollutant from sources in the same industrial category. The reduction shall
equal the difference between the original baseline emissions and the new baseline
emissions for source operation. For banked credits, other than VOS, source-specific
modeling may be required to allocate the discount necessary to demonstrate
attainment.
(4)
If new information becomes available to the county or
state agency which results in more accurate estimates of emission-reduction
credits stored in the emissions banking system, the county agency shall adjust
the value of the affected ERC's accordingly, subject to procedures for public
hearing as required by the New Jersey Administrative Code.
(5)
If a person who registers an ERC fails to comply with
the requirements attendant to its creation, the county agency may adjust the
value of the ERC accordingly. Once an ERC is transferred to a source other
than the one that created it, any violation of the conditions under which
the ERC is created will result in enforcement against the source producing
the emission reduction and not the source using the ERC.
(6)
Once an ERC is applied at a facility, the facility will
be subject to all future additional control requirements imposed by the Administrator
or the state agency.
K.
Use and transfer of emission-reduction credits; procedural
requirements.
(1)
An ERC may be used or transferred, in whole or in part,
by any means of conveyance permitted by the laws of New Jersey, in accordance
with the following procedures:
(a)
Applications to use or transfer ERC's shall be made on
forms provided by the county agency.
(b)
The application to use or transfer ERC's shall be accompanied
by a fee of $100.
(c)
No use or transfer of an ERC shall be effective until
the county and state agencies are notified thereof, in writing, confirm receipt
of notice and approve the use or transfer.
(d)
Before an ERC may be used or transferred, the new owner
must obtain a new or revised certificate to operate from the state agency
reflecting the new emission limit resulting from the application of the ERC's.
(2)
Emission-reduction credits created in Middlesex County pursuant to these banking procedures shall be used or transferred in conformance with applicable state regulations. An existing facility utilizing ERC's to come into compliance with state regulations shall only utilize ERC's generated under § 21-20G(1), (2) and (4). Any banked ERC's may be used or transferred as offsets for new source growth.
L.
Internal county procedures for notifying the state of
action taken with regard to emission-reduction credits in the county. The
county agency will transmit copies of the following documents to the state
agency:
(1)
Copies of applications for registration or transfer of
ERC's received by the county agency and all other accompanying information
received by it from the applicant.
(2)
Recommendations for state agency action to be taken with
regard to applications for emission-reduction credit and the documentation
supporting the recommendations.
(3)
Copies of any documents prepared by the county agency
in verifying that an emission reduction has occurred and supporting its recommendation
to the Commissioner on the issue of the emission reduction's approval.
(4)
Any other public notice related to proposed county agency
action with respect to any banked ERC's.
