[HISTORY: Adopted by the City Council of the City of City of Trenton 9-7-1967 as § 9-3 of the Revised General Ordinances. Amendments noted where applicable.]
Zoning and land development — See Ch. 315.
The following terms wherever used or referred to in this chapter shall have the following respective meanings:
- AIR POLLUTION
- The presence of substance in the atmosphere in quantities which are injurious to human, plant or animal life, or to property, or which unreasonably interfere with the comfortable enjoyment of life and property throughout the City of Trenton.
- AIR POLLUTION NUISANCE
- The presence in the atmosphere of smoke, fumes, dust, soot, fly ash, cinders, noxious acids, oxides, alkalies, volatile matter, vapor, mist, gas, radioactive material, odor, lint or any combination thereof, of a character and in a quantity which, as to any group of persons, interferes with their health, repose or safety, causes severe annoyance or discomfort, tends to lessen normal food and water intake, produces irritation of the upper respiratory tract or symptoms of nausea, is offensive or objectionable, or both, to normal persons because of inherent chemical and physical properties, causes or is likely to cause injury or damage to real or personal property of any kind, interferes with normal conduct of business, or is detrimental or harmful to the health, comfort, living conditions, welfare and safety of the inhabitants of the City.
- RINGELMANN SMOKE CHART
- The Ringelmann's scale for grading the density of smoke as published by the U.S. Bureau of Mines, or any recorder, indicator or device for the measurement of smoke density which is approved by the New Jersey State Department of Health and Human Services as the equivalent of the Ringelmann scale.
No person shall cause, suffer, allow or permit open burning of refuse, or conduct salvage operation by open burning, nor shall open fires be used to supply heat to tar or asphalt kettles.
No person shall cause, suffer, allow or permit smoke from any fuel-burning equipment, the shade or appearance of which is darker than No. 2 of the Ringelmann Smoke Chart, to be emitted into the atmosphere. The provisions of this section shall not apply to:
Smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is not darker than No. 3 of the Ringelmann Smoke Chart, for a period or periods aggregating no more than three minutes in any 15 consecutive minutes.
Smoke from locomotives, the shade or appearance of which is equal but not darker than No. 3 of the Ringelmann Smoke Chart in any period or periods aggregating no more than 30 seconds in any three consecutive minutes, or smoke of such density for a period or periods aggregating no more than four minutes in any 15 consecutive minutes when building a new fire.
Smoke resulting from any fire ignited solely for the purpose of training or research in fire protection or prevention.
No person shall emit into the atmosphere smoke, fumes, dust, soot, fly ash, cinders, noxious acids, oxides, alkalies, volatile matter, vapor, mist, gas, odor or lint in such quantity as to cause air pollution or an air pollution nuisance as herein defined. The provisions of this section include but are not limited to such operations as disposing of refuse, process furnace operations, paint, varnish or lacquer spraying and painting operations, rendering plant operations, sand blasting or chemical processing, and the storing, handling or transporting of dust-producing substances and dust-size materials in such manner as to cause air pollution or an air pollution nuisance.
No person shall cause, suffer, allow or permit an article, machine, equipment, contrivance or other exhaust system to emit airborne radioactive material into the atmosphere in violation of any rules and regulations of the United States of America and the New Jersey State Department of Health and Senior Services.
No person shall operate a parking lot or yard for the storage of motor vehicles in such manner as to cause emission into the atmosphere of dust or cinders in such quantity so as to cause air pollution or an air pollution nuisance as herein defined.
No person shall cause, suffer, allow or permit the dumping of any materials into the waters within the jurisdiction of the City of Trenton or shall cause, suffer, allow or permit an article, machine, equipment, marine installation, contrivance, or their discharge or exhaust systems to emit materials into the waters within the jurisdiction of the City so as to cause contaminated water.
No person shall cause, suffer, allow or permit an internal combustion engine, stationary or otherwise, to emit during its operation and from its exhaust systems, smoke, fumes, volatile matter, vapor or odor in a quantity so as to cause an air pollution nuisance.
Powers of Health Officer. The Health Officer shall have the power and duty to investigate complaints, make observations of smoke and other air polluting conditions and air pollution nuisances, and require the necessary and proper steps to minimize or eliminate the effect, hazard or nuisance therefrom. He/She shall have the power to inspect from time to time any installation, equipment, devices and appurtenances thereto that may, can or do cause air pollution or an air pollution nuisance. No person shall interfere or attempt to interfere with the Health Officer in the performance of any duty hereunder or refuse to permit the inspection or examination of any premises for the purpose of investigating compliance with this chapter and the regulations issued under it. The Health Officer shall upon entering any premises for investigation or inspection comply with all safety regulations on the premises. The Health Officer shall keep confidential all information obtained while on the premises, except as it relates directly to air pollution or an air pollution nuisance.
Notice of violation. In case of failure to correct or remedy a violation of this chapter within a reasonable time, the Health Officer shall cause to be issued and served a written notice, together with a copy of the complaint made by him/her or a copy of the complaint made to him, requiring the person so complained against to answer the charges of the complaint at a hearing before the Health Officer at a time and place to be specified in the notice. Notices, orders, rulings or decisions required to be served pursuant to this chapter may be served personally or by certified mail, directed to the last known address of the person required to be served. If service cannot be effected by either of the foregoing methods, a copy of the notice, order, ruling or decision may be served by posting it in a conspicuous place on the premises involved.
Compliance period. If it reasonably appears to the Health Officer that compliance with the terms of this chapter cannot be effectively and immediately made, he/she shall have the authority to grant permission for the continued operation of such noncomplying equipment, upon the condition that the person has in good faith and will continue to take all necessary steps to secure compliance with this chapter. Such permission shall not be granted for a period of more than six months; provided, however, that the period may be extended for good cause shown for an additional period not exceeding six months. Failure to comply with the provisions of this chapter at the expiration of the period of grace, or extension thereof, shall be deemed a violation of this chapter.