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.
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, debris or scrap, or facilities for cremating
human or animal remains.
ODOR
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.
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 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.
PERSON
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.
REFUSE
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.
RUBBISH
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.
SMOKE
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.
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.
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.
[Amended 10-3-1997 by Ord.
No. 77-37]
A. 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.
B. 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.