This chapter shall be known and may be cited as the "Air Pollution Control
Code of the City of Paterson."
It is hereby declared 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 city 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 city to minimize air pollution, as herein defined, and prohibit excessive
emission of the same, 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 State Department
of Environmental Protection and Energy, Bureau of Air Pollution Control.
The following terms, whenever 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:
The presence in the outdoor atmosphere of one (1) or more air contaminants
in such quantities and duration as are or tend to be injurious to human health
or welfare, to animal or plant life or to property or would unreasonably interfere
with the enjoyment of life or property throughout the city as shall be affected
thereby, and excludes all aspects of employer-employee relationship as to
health and safety hazards.
The Health Officer, who shall also be known as the "Director of Air
Pollution Control."
Those chemicals used as insecticides, rodenticides, fungicides, herbicides,
nematocides or defoliants.
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 used 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 domestic cooking purposes are not included
herein.
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, debris or scrap or facilities for cremating
human or animal remains.
Property of a substance which affects the sense of smell.
Any fire wherein the products of combustion are emitted into the
open air and are not directed thereto through a stack or chimney.
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 who shall have charge, care or control of any
premises or part thereof, including but not limited to a dwelling or dwelling
unit, as owner or agent of the owner or as a fiduciary, including but not
limited to executor, administrator, trustee, receiver, guardian or as a mortgagee
in possession regardless of how such possession was obtained. Any person who
is a lessee or sublessee of all or any part of any premises, including but
not limited to a dwelling or dwelling unit, shall be deemed to be a co-owner
with the lessor and shall have joint responsibility with the owner over the
premises or portion thereof so leased or subleased.
Includes corporations, companies, associations, societies, firms,
partnerships and joint-stock companies, as well as individuals.
All putrescible and nonputrescible wastes (except body wastes), and
shall include but not be limited to garbage, rubbish, yard trimmings, leaves,
ashes, street cleanings, dead animals, abandoned automobiles and solid market
and industrial wastes.
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 Department
of Environmental Protection and Energy of the State of New Jersey, as the
equivalent of said Ringelmann's scale.
Solids not considered to be highly flammable or explosive, and shall
include but not be limited to rags, old clothes, leather, rubber, carpets,
wood, excelsior, paper, ashes, tree branches, yard trimmings, furniture, tin
cans, glass, crockery, masonry and other similar materials.
Any business, trade or industry engaged in whole or in part in salvaging
or reclaiming any product or material, including but not limited to metals,
chemicals, shipping containers or drums.
Small gasborne and airborne particles arising from a process of combustion
in sufficient number to be observable.
All solid or liquid material or rubbish resulting from construction,
building operations or the prosecution of any business, trade or industry,
and shall include but not be limited to plastic products, cartons, paint,
grease, oil and other petroleum products, chemicals, cinders and other forms
of solid or liquid waste materials.
