[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Bridgewater 2-7-1972 as Ord. No. 72-3. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Air Pollution Control Code of the Township of Bridgewater."
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 Bridgewater 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 of Bridgewater 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. However, this chapter is intended to exclude industrial pollution (which is within the jurisdiction of the state) but to include commercial pollution (such as but not limited to shopping centers, apartment buildings and cottage industries) and individuals.
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 POLLUTION
- The presence in the outdoor atmosphere and the exterior of any building of one 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 Township of Bridgewater as shall be affected thereby, and excludes all aspects of employer-employee relationship as to health and safety hazards and any person otherwise regulated by an applicable state or federal statute, rule, regulation or order thereof.
- ECONOMIC POISONS
- Those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides or defoliants.
- 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, ranges or barbecues used exclusively for domestic cooking purposes and indoor fireplaces 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.
- A property of a substance which affects the sense of smell.
- OPEN BURNING
- Any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack or chimney of an approved incinerator.
- 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 or 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 any individual, corporation, company, association, society, firm, partnership and joint-stock company, but excludes anyone otherwise regulated by an applicable state or federal statute, rule, regulation or order thereof.
- PLANT LIFE
- Vegetation, including but not limited to trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops.
- All putrescible and nonputrescible wastes (except body wastes), including but not limited to garbage, rubbish, yard trimmings, leaves, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
- 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 of the State of New Jersey as the equivalent of said Ringelmann's Scale.
- Solids not considered to be highly flammable or explosive, including but not 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.
- SALVAGE OPERATIONS
- 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 gas-borne and airborne particles arising from a process of combustion in sufficient number to be observable.
- TRADE WASTE
- All 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, carton, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials.
Open burning is not prohibited when an owner or operator possesses a valid permit which has been issued by the New Jersey State Department of Environmental Protection.
The use of campfires and barbecues is not intended to be prohibited.
Open burning of refuse for training or research exercises in fire protection or prevention is permitted when conducted at a permanent facility or training center designed to be used solely for such purposes on a continuing basis.
Open burning of plant life other than leaves is permitted on the premises where grown until January 1, 1973.
No person shall cause, suffer, allow or permit visible smoke from any fuel-burning equipment except as permitted under Chapter 4 of the New Jersey Air Pollution Control Code.
Permitted type. No person shall use or cause to be used any new or existing incinerator unless such incinerator is of the multiple-chamber type or other type and is approved by the State Department of Environmental Protection.
Smoke emissions. No person shall cause, suffer, allow or permit smoke from any incinerator, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, to be emitted into the open air; nor 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 of the Ringelmann Smoke Chart.
New fires. The provisions of Subsection B hereof shall not apply to smoke emitted during the building of a new fire, the shade or appearance of which is not darker than No. 2 of the Ringelmann Smoke Chart, for a period of no longer than three consecutive minutes; nor to 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 which is not greater than the emissions designated as No. 2 of the Ringlemann Smoke Chart, for a period no longer than three consecutive minutes.
Visible particles. No person shall cause, suffer, allow or permit the emission of particles of unburned waste or ash from any incinerator which are individually large enough to be visible while suspended in the atmosphere.
Odors. 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.
Limitation on time of operation. No person shall operate, and no owner or operator of any building in the Township of Bridgewater shall permit the operation of, an incinerator prior to 7:00 a.m. or after 5:00 p.m. of any day, and all operations shall be completely terminated by 5:00 p.m., including complete extinction of the fire and removal of material in a safe manner from the firebox to a noncombustible container; provided, however, that by special written permission of the Board of Health of Bridgewater Township, said Board may, because of exceptional circumstances, permit different hours of operation under such conditions as it shall deem necessary for the health, safety and welfare of the public or of persons in the vicinity.
No person or owner of property and no person having possession or control of property shall cause, suffer, allow or permit to be emitted into the open air substances in such quantities as shall result in air pollution. The provisions of this section shall not apply to the use of economic poisons.
Inspections. All buildings and premises subject to this chapter are subject to inspection by the Board of Health or its duly authorized representatives at reasonable times and upon due notice.
Search warrant or access warrant.
The Township of Bridgewater may, upon affidavit, apply to the Judge of the Municipal Court of the Township of Bridgewater for a search warrant, setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this chapter may exist on the premises, including one or more of the following:
That the premises require inspection according to the cycle established by the Township of Bridgewater for periodic inspections of the type involved.
That observation of external conditions (for example, smoke, ash, soot, odors) of the premises and its public areas has resulted in the belief that violations of this chapter exist.
Circumstances such as age and design of fuel-burning equipment and/or system, types of incinerator, particular use of premises or other factor which renders systematic inspections of such buildings necessary in the interest of public health and safety.
If the Judge of the Municipal Court of the Township of Bridgewater is satisfied as to the matters set forth in the said affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist.
[Amended 10-3-1997 by Ord. No. 77-37]
Any person who shall violate any of the provisions of this chapter or who shall fail to comply therewith or with any of the requirements thereof shall be punishable by a fine of not more than $500 or imprisonment for a term not exceeding 90 days, or both.
The violations of any section or subsection of this chapter shall constitute a separate and distinct offense independent of the violation of any other section or subsection or of any order issued pursuant to this chapter. Each day of violation shall constitute an additional separate and distinct offense.