Township of Hillside, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Hillside 12-21-1971 as Ch. XX of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 44.
Building, housing and property maintenance — See Ch. 121.
Fire prevention — See Ch. 157.
Land use — See Ch. 188.
Liquid-fuel-burning equipment — See Ch. 207.
Solid waste — See Ch. 261.
The Township Council hereby finds that pollution of the atmosphere by smoke, cinders, soot, fly ash, gases, fumes, vapors, odors, dust and other contaminants is a menace to the health, welfare and comfort of the residents of the township and a cause of substantial damage to property. For the purpose of controlling and reducing atmospheric pollution, it is hereby declared to be the policy of the township to minimize air pollution as herein defined and prohibit excessive emission of the same and to establish standards governing the installation, maintenance and operation of equipment and appurtenances relating to combustion which are a source or potential source of air pollution and, in furtherance of this purpose, to cooperate and coordinate these efforts with the air pollution control program of the State Department of Environmental Protection.
The following terms wherever used herein or referred to in this chapter shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:
AIR CONTAMINANT
Solid particles, liquid particles, vapors or gases which are discharged into the outdoor atmosphere.
[Added 7-5-1972 by Ord. No. L-393B-72]
AIR POLLUTION
The presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as are, or tend to be, injurious to human health or welfare, animal or plant life or property or would unreasonably interfere with the enjoyment of life or property throughout the state and in such territories of the state as shall be affected thereby, and excludes all aspects of employer-employee relationship as to health and safety hazards.
DUST
Airborne solid particles, including but not limited to fly ash, cinders and soot.
DIRECT HEAT EXCHANGER
Equipment in which heat from the combustion of fuel is transferred to a substance being heated so that the latter is contacted by the products of combustion and may contribute to the total effluent.
[Added 7-5-1972 by Ord. No. L-393B-72]
DIRECTOR
The Board of Health or its duly appointed representative.[1]
ECONOMIC POISONS
Those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematodicides or defoliants.
FLY ASH
Particles of gasborne solid matter arising from the combustion of solid fuel, not including process materials.
FUEL
Solid, liquid or gaseous materials used to produce useful heat by burning.
[Added 7-5-1972 by Ord. No. L-393B-72]
FUEL-BURNING EQUIPMENT
Any furnace, boiler, water heater, device, mechanism, stoker, burner, stack, oven, stove, kiln, still or other apparatus or a group or collection of such units in the process of fuel burning for the generation of heat or power. Refuse-burning equipment shall be considered incinerators as herein defined and not as "fuel-burning equipment" under this definition. Ovens, stoves or ranges used exclusively for cooking purposes are not included herein.
FUMES
Solid particles generated by condensation from the vapor state generally after volatilization from molten metals, etc.
GARBAGE
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.
[Amended 7-5-1972 by Ord. No. L-393B-72]
INCINERATOR
Any device, apparatus, equipment or structure used for destroying, reducing or salvaging by fire any material or substance, including but not limited to refuse, rubbish, garbage, trade waste, debris or scrap, or a facility for cremating human or animal remains.
[Amended 7-5-1972 by Ord. No. L-393B-72]
INDIRECT HEAT EXCHANGER
Equipment in which heat from the combustion of fuel is transferred by conduction through a heat-conducting material to a substance being heated, so that the latter is not contacted by, and adds nothing to, the products of combustion.
[Added 7-5-1972 by Ord. No. L-393B-72]
INTERNAL CROSS-SECTIONAL DIMENSION
Any maximum linear perpendicular distance from an inside wall of a stack or chimney to the inside of an opposite wall, such as the diameter of a circular cross section or the length or width of a rectangular cross section.
[Added 7-5-1972 by Ord. No. L-393B-72]
LIQUID PARTICLES
Particles which have volume but are not of rigid shape and which upon collection tend to coalesce and create uniform homogeneous films upon the surface of the collecting media.
[Added 7-5-1972 by Ord. No. L-393B-72]
MANUFACTURING PROCESS
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, classifier screens, quenchers, cookers, digesters, towers, washers, scrubbers, mills, condensers or absorbers.
[Added 7-5-1972 by Ord. No. L-393B-72]
ODOR
The property of a substance that is perceptible by the sense of smell.
OPACITY
The property of a substance which renders it partially or wholly obstructive to the transmission of visible light expressed as the percentage to which the light is obstructed.
[Added 7-5-1972 by Ord. No. L-393B-72]
OPEN AIR
Air space outside of buildings, stacks or exterior ducts.
OPEN BURNING
Any fire whose products of combustion are emitted directly into the open air and are not directed thereto through the stack or chimney of an incinerator.
[Amended 7-5-1972 by Ord. No. L-393B-72]
OPERATOR
Any person who has care, custody or control of a building or premises or a portion thereof, whether with or without knowledge of the owner thereof.
OWNER
Any person who alone or jointly or severally with others shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or shall have charge, care or control of any dwelling or dwelling unit as owner or agent of the owner of a fiduciary, including but not limited to executrix, administrator, 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 joint responsibility over the portion of the premises sublet or assigned by the lessee.
PARTICLES
Any material, except uncombined water, which exists in finely divided form as liquid particles or solid particles at standard conditions.
[Added 7-5-1972 by Ord. No. L-393B-72]
PLANT LIFE
Vegetation, including but not limited to trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops.
[Added 7-5-1972 by Ord. No. L-393B-72]
REFUSE (SEE ALSO "GARBAGE.")
Rubbish, garbage, trade waste and plant life.
[Amended 7-5-1972 by Ord. No. L-393B-72]
RINGELMANN SMOKE CHART
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 State Department of Environmental Protection and Energy of the State of New Jersey as the equivalent of Ringelmann's Scale.[2]
RUBBISH
Waste solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, furniture, tin cans, glass, crockery, masonry and other similar materials.
[Amended 7-5-1972 by Ord. No. L-393B-72]
SALVAGE OPERATIONS
Any operation or activity from which is salvaged or reclaimed any product or material, including but not limited to metals, chemicals or shipping containers.
[Amended 7-5-1972 by Ord. No. L-393B-72]
SMOKE
Small gasborne and airborne particles, exclusive of water vapor, arising from a process of combustion in sufficient number to be observable.
[Amended 7-5-1972 by Ord. No. L-393B-72]
SMOKE ALARM
Any device that will alert the operator of an incinerator or any fuel-burning equipment that the smoke levels of the equipment have reached such a density as to cause a violation of this chapter.
SOLID PARTICLES
Particles of rigid shape and definite volume.
[Added 7-5-1972 by Ord. No. L-393B-72]
SOOT
A black carbonaceous substance or deposit consisting of fine particles formed by the combustion of coal, wood, oil or other fuel.
SOURCE OPERATION
Any manufacturing process or any identifiable part thereof emitting an air contaminant into the outdoor atmosphere through one (1) or more stacks or chimneys.
[Added 7-5-1972 by Ord. No. L-393B-72]
STACK OR CHIMNEY
A flue, conduit or opening designed and constructed for the purpose of emitting air contaminants into the outdoor air.
[Amended 7-5-1972 by Ord. No. L-393B-72]
STANDARD CONDITIONS
Seventy degrees Fahrenheit (70° F.) and one atmosphere pressure [fourteen and seven-tenths (14.7) pounds per square inch absolute or seven hundred sixty (760) millimeters of mercury].
[Added 7-5-1972 by Ord. No. L-393B-72]
SUBSTANCE
Includes smoke, cinders, soot, fly ash, dust, gases, fumes, mists, vapors or a combination thereof.
TRADE WASTE
All waste solid or liquid material or rubbish resulting from construction, building operations or the prosecution of any business, trade or industry, including but not limited to plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste material.
[Amended 7-5-1972 by Ord. No. L-393B-72]
VISIBLE SMOKE
Smoke which obscures light to a degree readily discernible by visual observation.
[Added 7-5-1972 by Ord. No. L-393B-72]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
In general. No person or owner of property or person 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. Exceptions shall be for the limited purpose of applying economic poisons to private property when applied in a manner as not to become offensive or hazardous to persons in the township.
B. 
Prohibition of air pollution from open burning.
[Amended 7-5-1972 by Ord. No. L-393B-72]
(1) 
No person shall cause, suffer, allow or permit a salvage operation by open burning.
(2) 
No person shall cause, suffer, allow or permit the disposal of rubbish, garbage or trade waste or buildings or structures by open burning.
(3) 
No person shall cause, suffer, allow or permit the disposal of any type of plant life by open burning.
(4) 
The provisions of Subsections B(1), (2) and (3) shall not apply to: variances approved and issued by the New Jersey Department of Environmental Protection and Energy in accordance with Chapter II, Section 5, of the New Jersey Air Pollution Control Code; and 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
Special permit.
(1) 
Where no other means are available without hazard to health or property, trade waste may be disposed of by open burning upon special permit issued by the director or his authorized agent after application is made and it is demonstrated to the satisfaction of the director or his authorized agent that:
(a) 
An affidavit has been filed with and approved by the Commissioner of the New Jersey State Department of Environmental Protection and Energy in accordance with Chapter II, Section 1.4, of the New Jersey Air Pollution Control Code.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(b) 
Disposition can be made without danger to persons or property with proper safeguards and supervision.
(c) 
Disposition will be done in a manner, at such a time and in such a place as will minimize the possibility of air pollution.
(d) 
The Fire Department has approved the application. Special permits shall be temporary and shall limit the burning as to character, quantity, time, place and condition of burning.
(2) 
Special permits authorizing open-air burning for special events conducted by, for and under supervision of public, charitable, religious or nonprofit civic community organizations may be issued by the director or his authorized agent upon application showing the purpose, time, place, date and manner of supervision and control, provided that the activities are not prohibited by the New Jersey Air Pollution Control Code, that no undue or unnecessary air pollution shall be caused and that supervision and control is adequate to protect the public safety, health and welfare. Prior approval by the Fire Department is required in writing.
D. 
Prohibition of smoke from combustion of fuel.
[Amended 7-5-1972 by Ord. No. L-393B-72]
(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 having a rated hourly capacity of less than two hundred million (200,000,000) Btu gross heat input or discharging through a stack or chimney having an internal cross-sectional dimension of less than sixty (60) inches.
(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 twenty percent (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 two hundred million (200,000,000) Btu or greater gross heat input or discharging through a stack or chimney having all internal cross-sectional dimensions of sixty (60) inches or greater.
(3) 
The provisions of Subsection D(1) and (2) shall not apply to smoke which is visible for a period of not longer than three (3) minutes in any consecutive thirty-minute period.
(4) 
The provisions of Subsection D(1) and (2) shall not apply to direct heat exchangers, manufacturing processes or any motor vehicle while operating on the public highways.
E. 
Prohibition of air pollution from incinerators.
[Amended 7-5-1972 by Ord. No. L-393B-72]
(1) 
No person shall operate and no owner or operator of any building in the Township of Hillside shall permit the operation of an incinerator without a duly issued permit by the Board of Health in accordance with this code. The Board of Health shall recommend issuance of a permit for the operation of an incinerator after examining the application and inspecting the facility and being satisfied that it may be operated in accordance with this code. Said permit may be conditioned on improvements being made within a prescribed time or on certain operating restrictions if necessary to comply with this code. All permits shall be issued by the Board of Health and shall expire on June 30 following their issuance or at such time prior thereto as any conditions or restrictions shall not be complied with. Each incinerator shall require a permit for which the annual fee will be twenty-five dollars ($25.) payable to the Board of Health.
(2) 
No person shall operate and no owner or operator of any building in the township shall permit the operation of an incinerator prior to 9:00 a.m. or after 5:00 p.m., and all operation shall be completely terminated by 5:00 p.m., including complete extinction of the fire and removal of materials from the firebox to a noncombustible container in a safe manner, provided that the director may by special permit because of exceptional circumstances permit different hours of operation under such conditions as he shall deem necessary for the health, safety and welfare of the public or of persons in the vicinity.
A. 
All fuel-burning equipment hereafter installed using more than ten thousand (10,000) gallons per year of No. 5 or No. 6 oil or oils blended with No. 5 or No. 6 or bituminous coal shall be provided with an automatic smoke alarm with the sensitive element set at a suitable location on the breeching between the boiler and the stack. The alarm device should be designed and maintained to produce an audible or visual signal when smoke the shade or appearance of which is greater than No. 1 on the Ringelmann Smoke Chart is emitted. The audible or visual signal should be located so as to be readily noticed by the owner or operator of the building.
B. 
All existing installations using more than ten thousand (10,000) gallons per year of No. 5 or No. 6 oil or twenty thousand (20,000) gallons per year of oils blended with No. 5 or No. 6 oil (as most No. 4 oils are) or fifty (50) tons of coal per year shall also have installed by January 1, 1971, an automatic smoke alarm with the sensitive element set at a suitable location on the breeching between the boiler and the stack. The alarm system shall be maintained in a good operating order. The alarm device shall produce an audible and/or visual signal when smoke exceeding the applicable standards in § 103-3 is emitted. The audible and/or visual signal shall be located so as to be readily noticed by the owner or superintendent of the building.
[Amended 7-5-1972 by Ord. No. L-393B-72]
C. 
The installation of new soot-blowing equipment for the removal of soot from boilers by causing the soot to be discharged into the atmosphere shall be hereafter prohibited.
D. 
No person shall operate and no owner or operator of any building in the township shall permit the operation of an incinerator in violation of any other provisions of this chapter.
E. 
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 the same pending a hearing in the Municipal Court.
F. 
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, to be emitted into the open air or emissions of such opacity within a stack or chimney or, exclusive of water vapor, of such opacity leaving a stack or chimney to a degree greater than the emission designated as No. 1 on the Ringelmann Smoke Chart. The provisions of this subsection shall not apply to smoke emitted during the building of a new fire, the shade or appearance of which is not greater than No. 2 of the Ringelmann Smoke Chart for a period of three (3) consecutive minutes, or emissions of such opacity within a stack or chimney or, exclusive of water vapor, of such opacity leaving a stack or chimney to a degree greater than the emission designated as No. 2 on the Ringelmann Smoke Chart for a period greater than three (3) consecutive minutes.
G. 
Standards for the emission of solid particles.
[Amended 7-5-1972 by Ord. No. L-393B-72]
(1) 
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 twenty percent (20%) opacity, exclusive of water vapor.
(2) 
The provisions of Subsection G(1) shall not apply:
(a) 
To particles the shade or appearance of which is greater than twenty percent (20%) opacity, exclusive of water vapor, for a period of not longer than three (3) minutes in any consecutive thirty-minute period.
(b) 
To source operations of the New Jersey Air Pollution Control Code.
(c) 
To indirect heat exchangers.
(d) 
To incinerators.
(e) 
For a period of five (5) years from the date of issuance of a valid permanent certificate to operate to a source operation equipped with control apparatus for which a valid permit to construct or the permanent certificate to operate was issued by the New Jersey Department of Environmental Protection and Energy during the period of June 15, 1967, to the effective date of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
H. 
No person shall construct, install, use or cause to be used any incinerator which will result in odors being detectable by sense of smell in any area of human use or occupancy.
Where the operation of any fuel-burning equipment 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 the same pending a hearing in the Municipal Court.
[Amended 7-5-1972 by Ord. No. L-393B-72]
A. 
The Board of Health of the Township of Hillside is hereby vested with the duty of enforcing and administering this chapter and with all other duties and powers provided herein.
B. 
The Board of Health, pursuant to N.J.S.A. 26:3-90, may appoint any person employed by the Suburban Air Pollution Commission or its successor to administer and enforce this code in addition to the powers and appointments provided by Subsection A.
All buildings and premises covered by this chapter 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 inspection which shall be made during usual business hours if the premises are used for nonresidential purposes, provided that inspections may be made at other times if the premises are not available during the foregoing hours for inspection or if there is reason to believe that violations are occurring on the premises which can only be apprehended and proved by inspection during other than the prescribed hours or if 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.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by a fine not exceeding one thousand dollars ($1,000.); imprisonment for a term not exceeding ninety (90) days; and/or a period of community service not exceeding ninety (90) days.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.