[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.]
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:
Solid particles, liquid particles, vapors or gases which are discharged
into the outdoor atmosphere.
[Added 7-5-1972 by Ord. No. L-393B-72]
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.
Airborne solid particles, including but not limited to fly ash, cinders
and soot.
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]
The Board of Health or its duly appointed representative.[1]
Those chemicals used as insecticides, rodenticides, fungicides, herbicides,
nematodicides or defoliants.
Particles of gasborne solid matter arising from the combustion of
solid fuel, not including process materials.
Solid, liquid or gaseous materials used to produce useful heat by
burning.
[Added 7-5-1972 by Ord. No. L-393B-72]
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.
Solid particles generated by condensation from the vapor state generally
after volatilization from molten metals, etc.
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]
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]
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]
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]
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]
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]
The property of a substance that is perceptible by the sense of smell.
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]
Air space outside of buildings, stacks or exterior ducts.
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]
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.
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.
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]
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]
Rubbish, garbage, trade waste and plant life.
[Amended 7-5-1972 by Ord. No. L-393B-72]
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]
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]
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]
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]
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.
Particles of rigid shape and definite volume.
[Added 7-5-1972 by Ord. No. L-393B-72]
A black carbonaceous substance or deposit consisting of fine particles
formed by the combustion of coal, wood, oil or other fuel.
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]
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]
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]
Includes smoke, cinders, soot, fly ash, dust, gases, fumes, mists,
vapors or a combination thereof.
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]
Smoke which obscures light to a degree readily discernible by visual
observation.
[Added 7-5-1972 by Ord. No. L-393B-72]
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]
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]
(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.
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]
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.
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.
