[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Boonton 12-17-1990 as Ch. XVI of the 1990 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
CINDERS, DUST, FLY ASH, NOXIOUS ACIDS, FUME AND GASSES
All matter other than dense smoke, including coke, cinders, dust and soot formed as a result of the combustion of fuel, which are carried in the gas stream so as to reach the external air and which have not been completely consumed by the combustion process.
DENSE SMOKE
That smoke which has a density of No. 3 or greater as established by the Ringelmann Chart, hereinafter referred to and adopted.
INSPECTOR
The person designated by the municipal governing body to enforce the provisions of this chapter.
PERSON, FIRM OR CORPORATION
Any individual, partnerships, firms, associations, companies, corporations, syndicates, or other groups or groups of organized or unorganized individuals who may employ, own, use or operate any fuel-consuming device.
RINGELMANN CHART
That standard published by the United States Bureau of Mines to determine the density of smoke, as hereinafter set forth in full in § 238-9 of this chapter.
A. 
The production or emission within the Town of smoke, fly ash, or fumes, the shade of which is equal to or greater than No. 3 of the Ringelmann Chart, or which is so dense as to prevent seeing through it at the point of emission into the external air, from any stack or open fire except that of a locomotive, for a period or periods aggregating two minutes or more in any period of 15 minutes, and the emission of such smoke, fly ash, or fumes from any locomotive for a period or periods aggregating 30 seconds or more in any period of three minutes is hereby prohibited.
B. 
The emission of such dense smoke is declared to be a public nuisance and may be summarily abated by the inspector; provided, however, that this chapter shall not be applicable to the circumstances set forth in § 238-3 herein.
The provisions of § 238-2 of this chapter shall not be applicable when a firebox, furnace, boiler, locomotive or other fuel-consuming device is being cleaned out and a new fire is being built therein, in which event a smoke of a density greater than that described as No. 3 of the Ringelmann Chart shall be permitted for the single period of not to exceed six minutes in the single period of 60 minutes in which the new fire is being built.
It shall be unlawful for any person to permit or cause the escape of such quantities of soot, cinders, noxious acids, fumes and gasses in such place or manner as to be detrimental to any person or to the public or to endanger the health, comfort and safety of any such person or of the public, or in such manner as to cause or have a tendency to cause injury or damage to property or business. The escape of such matter is declared to be a public nuisance and may be summarily abated by the inspector.
The duties of the inspector shall be to investigate all complaints of violations of this chapter and to institute necessary proceedings in case of violation.
A. 
No person shall construct, install, change or alter any fuel and/or refuse burning equipment, or any equipment pertaining thereto for use within this Town until suitable plans and specifications of the fuel and/or refuse burning equipment and structures or buildings to be used therewith has been filed in duplicate with the Town Clerk. One- and two-family residences shall be excepted.
B. 
Such plans and specifications shall show the form and dimensions of the fuel and/or refuse burning equipment, the proposed boiler, furnace, fuel burner, stack, ducts and the description and dimensions of the building or part thereof in which such fuel and/or refuse burning equipment is to be located, including the means provided for admitting the air for combustion. The character of fuel to be used, the maximum quantity of such fuel to be burned per hour, the operating requirements, and the use to be made of such fuel and/or refuse burning equipment shall be stated.
C. 
Maintenance work and minor alterations which do not change the capacity of the fuel and/or refuse burning equipment and which do not involve any change in the method of combustion or affect the emission of smoke or other substances by increasing same may be made without filing plans, and in cases of emergency repairs or changes, the same may be made prior to filing plans. In cases of emergency, however, the plan filing shall be made on the next regular business day following the day when such emergency work began.
D. 
Violation by any construction contrary to the filed plans and specifications shall be sufficient cause for the inspector to cause all work to stop, and he is authorized to seal the installation, and further work shall not proceed until the violation has been corrected.
Any person interfering in any manner or impeding the performance of duty of the inspector shall be deemed guilty of a violation of this chapter and shall be liable to the penalties hereinafter provided.
Whenever it has been adequately demonstrated to the inspector that compliance with the terms of this chapter cannot be effectively and immediately made, the inspector shall have the authority to grant a temporary permit for the continued operation of such noncomplying equipment, but only in the event that the party has taken all necessary steps to secure compliance with the chapter. Such temporary permit shall be issued for no longer a period than six months, at the expiration of which period of time the party holding such permit shall be deemed to be in violation of the provisions of this chapter.
The standard by which the density of smoke is to be measured will be the Ringelmann chart, published by the United States Bureau of Mines. Use of the chart will be made by placing it at such distance from the observer that the squares appear as even shades of coloring, or when no white spaces between the lines are visible. Comparison of the smoke under observation with the various shades of the chart will then indicate the density of the smoke. Observation distances shall not be less than 100 feet nor more than 1/4 mile from the smoke observed.
The governing body may, after three or more established violations of this chapter from one source, having a rated boiler horsepower of 50 BHP or more, require the installation of an acceptable smoke recorder on the offending source. The chart record of the recorder shall be maintained continuously and be available for inspection by the delegated representative of the governing body at any hour during the boiler plant operation.
The inspector or representative of the local governing body shall, upon observation of a violation of this chapter, notify the offender of such violation, and in the event that the offender is not operating under a period of grace, the inspector or representative of the local governing body shall swear out a complaint to the Municipal Judge summoning the violator to court and making the violator subject to the penalties of this chapter.
Any person violating any provision of this chapter, upon conviction, shall be liable to the penalty stated in Chapter 1, General Provisions, Article III, General Penalty. Offenses on separate days shall be deemed to be separate offenses for the purposes of this chapter.