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.
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]
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.
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]
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.