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.