The following terms, wherever used herein or referred to in this chapter,
shall have the respective meanings assigned to them:
AIR POLLUTION
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, to animal or plant life or to property or would unreasonably interfere
with the enjoyment of life or property throughout the Township of Rochelle
Park as shall be affected thereby, and excludes all aspects of employer-employee
relationship as to health and safety hazards.
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 or ranges used exclusively for domestic cooking purposes 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.
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 corporations, companies, associations, societies, firms,
partnerships and joint-stock companies as well as individuals.
REFUSE
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 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, 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.
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 gasborne and airborne particles arising from a process of combustion
in sufficient number to be observable.
TRADE WASTE
All solid or liquid materials 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.
The prohibitions of open-air burning are as follows: No person shall
cause, suffer, allow or permit open burning of refuse or plant life nor conduct
a salvage operation by open burning, except for the open burning of trade
waste, which is not prohibited because there is no other known method of disposal
that can be used without hazard to health or property, and provided the required
affidavit has been filed with and approved by the Commissioner of the New
Jersey State Department of Environmental Protection in accordance with Chapter
II, Section 1.4, 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.
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 as for a misdemeanor under the applicable provisions of
Title 26. The violation of any section or subsection of this chapter shall
constitute a separate and distinct offense.
This chapter is to be liberally construed to effectuate the purposes
herein described. Nothing herein is to be construed as repealing or abridging
the emergency powers of any agency of government except to the extent expressly
set forth herein.