[HISTORY: Adopted by the City Council of the City of Rahway 7-9-1984
by Ord. No. A-12-84 as Ch. 65 of the 1984 Code. Amendments
noted where applicable.]
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 of
Rahway and a cause of substantial damage to property. For the purpose of controlling
and reducing atmosphere pollution, it is hereby declared to be the policy
of the City of Rahway to minimize air pollution as herein defined and to 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, Bureau of Air Pollution Control.
Meaning of certain words. 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:
The Middlesex County Environmental Health Agency.
[Amended 7-9-1984 by Ord. No. A-12-84]
Solid particles, liquid particles, vapors or gases which are discharged
into the outdoor atmosphere.
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 city as shall
be affected thereby, and excludes all aspects of employer-employee relationship
as to health and safety hazards.
The Department of Environmental Protection.
Air or gas from any source whatsoever added to the source gas emitted
from a source of operation.
Equipment in which heat from the combustion of fuel is transferred
to a substance being heated so that the latter is contacted by the products
of combustion and may contribute to the total effluent.
Executive Director of the Central Jersey Regional Air Pollution Control
Agency or such agency as is designated by the city.
[Amended 7-9-1984 by Ord. No. A-12-84]
Those chemicals used as insecticides, rodenticides, fungicides, herbicides,
mematocides or defoliants.
Any device capable of causing the emission of an air contaminant
into the open air, and any stack, chimney, conduit, flue, duct, vent or similar
device connected or attached to or serving the equipment. This shall include
equipment in which the preponderance of the air contaminants emitted is caused
by the manufacturing process.
Solid, liquid or gaseous materials used to produce useful heat by
burning.
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.
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, debris or scrap, or facilities for cremating human
or animal remains.
Equipment in which heat from the combustion of fuel is transferred
by conduction through a heat-conducting material to a substance being heated,
so that the latter is not contacted by, and adds nothing to the products of,
combustion.
Any maxilinear perpendicular distance from an inside wall of a stack
or chimney to the inside of an opposite wall, such as the diameter of a circular
cross section or the length or width of a rectangular cross section.
Particles which have volume but are not of rigid shape and which,
upon collection, tend to coalesce and create uniform homogeneous films upon
the surface of the collecting media.
Any action, operation or treatment embracing chemical, industrial,
manufacturing or processing factors, methods or forms, including but not limited
to furnaces, kettles, ovens, converters, cupolas, kilns, crucibles, stills,
dryers, roasters, scrubbers, grinders, mixers, reactors, regenerators, separators,
filters, reboilers, columns, classifiers, screens, quenchers, cookers, digesters,
towers, washers, scrubbers, mills, condensers or absorbers.
Equipment for propulsion, power or heating on all types of marine
craft and floating equipment.
Equipment designed or constructed to be portable or movable from
one location to another, including but not limited to aircraft, locomotives
operating on rails, tractors, earthmoving equipment, hoists and mobile power
generators.
Any vehicle propelled otherwise than by muscular power, except such
vehicles as are run only upon rails or tracks.
A property of a substance which affects the sense of smell.
The property of a substance which renders it partially or wholly
obstructive to the transmission of visible light expressed as the percentage
to which the light is obstructed.
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 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.
Any material except uncombined water, which exists in finely divided
form as liquid particles or solid particles at standard conditions.
Includes corporations, companies, associations, societies, firms,
partnerships and joint-stock companies, as well as individuals.
The mass rate of air contaminants emitted or to be emitted through
a stack or chimney into the outdoor air, exclusive of any type of control
apparatus.
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 particles
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 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, 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.
Particles of rigid shape and definite volume.
Air or gases passed through or generated by a source operation and
discharged from the source operation.
A flue, conduit or opening designed and constructed for the purpose
of emitting air contaminants into the outdoor air.
Seventy degrees Fahrenheit and one atmosphere pressure (14.7 pounds
per square inch or 760 millimeters of mercury).
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, carton, paint,
grease, oil and other petroleum products, chemicals, cinders and other forms
of solid or liquid waste materials.
Smoke which obscures light to a degree readily discernible by visual
observation.
No person shall cause, suffer or permit open burning of refuse or plant
life or conduct a salvage operation by open burning.
A.
Smoke emissions from stationary indirect heat exchangers.
(1)
Prohibited discharges.
(a)
No person shall cause, suffer, allow or permit visible
smoke to be emitted into the outdoor air from the combustion of fuel in any
stationary indirect or direct heat exchanger having a rated hourly capacity
of less than 200,000,000 British thermal units (Btu) gross heat input or discharging
through a stack or chimney having an internal cross-sectional dimension of
less than 60 inches.
(b)
No person shall cause, suffer, allow or permit smoke,
the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke
Chart or greater than an opacity of 20%, exclusive of water vapor, to be emitted
into the outdoor air from the combustion of fuel in any stationary indirect
or direct heat exchanger having a rated hourly capacity of 200,000,000 British
thermal units or greater gross heat input or discharging through a stack or
chimney having all internal cross-sectional dimensions of 60 inches or greater.
B.
Smoke emissions from marine installations.
(1)
No person shall cause, suffer, allow or permit smoke,
the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke
Chart or greater than an opacity of 20%, exclusive of water vapor, to be emitted
into outdoor air from the combustion of fuel in the indirect heat exchanger
of any marine installation.
C.
Smoke emissions from the combustion of fuel in mobile
sources. No person shall cause, suffer, allow or permit smoke, the shade or
appearance of which is darker than No. 2 on the Ringelmann Smoke Chart or
greater than an opacity of 40%, exclusive of water vapor, to be emitted into
the outdoor air from the combustion of fuel in any mobile source for a period
of more than 10 consecutive seconds.
D.
Smoke emissions from stationary internal-combustion engines
and stationary turbine engines. No person shall cause, suffer, allow or permit
smoke, the shade or appearance of which is darker than No. 1 on the Ringelmann
Smoke Chart or greater than an opacity of 20%, exclusive of water vapor, to
be emitted into the outdoor air from the combustion of fuel in any stationary
internal-combustion engine or any stationary turbine engine for a period of
more than 10 consecutive seconds.
E.
Exceptions. The provisions of this section shall not
apply to any motor vehicle while operating upon the public highways.
A.
Permit required. No person shall operate, and no owner
or operator of any building in the city shall permit the operation of, an
incinerator without a duly issued permit issued by the Building Inspector
and/or the Agency on recommendation of the Director of the Agency in accordance
with this section.
B.
Application. Applications for permits to operate incinerators
shall be made on forms provided by the Director of the Agency and shall provide
such information as may be necessary to determine the nature of the installation,
safety and fire-protection devices, design and devices sufficient to ensure
against air pollution; necessary information as to person or persons responsible
for operation and for maintenance and qualifications therefor; and such other
pertinent information as may be necessary for protection of the public welfare,
safety, health and interest.
C.
Recommendations as to issuance; conditions; issuance;
fee; expiration date. The Director of the Agency shall recommend issuance
of a permit for the operation of an incinerator after examining the application
and inspecting the facility and being satisfied that it may be operated in
accordance with this section. Such permit may be conditioned on improvements
being made within a prescribed time or on certain operating restrictions if
necessary to comply with this section. All permits shall be issued by the
Building Inspector and/or the Agency and shall expire one year following their
issuance or at such time prior thereto as any conditions or restrictions shall
not be complied with. The annual fee for each incinerator shall be $25 payable
to the City of Rahway, and the procedures governing such permit shall be in
accordance herewith.
D.
Sealing of incinerators operated without permit. The
Director of the Agency may take all necessary steps to seal any incinerator
which has been operated without a duly authorized permit issued pursuant to
this section.
E.
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 open air,
or 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.
F.
New fires. The provisions of Subsection E 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; or 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 emission designated as No. 2 of the Ringelmann Smoke Chart, for a period no longer than three consecutive minutes.
G.
Visible particles. No person shall cause, allow or permit
the emission of particles of unburned waste or ash from any incinerator, which
particles are individually large enough to be visible while suspended in the
atmosphere.
H.
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.
I.
Limitation on time of operation. No person shall operate,
and no owner or operator of any building in the city shall permit the operation
of, an incinerator prior to 7:00 a.m. or after 5:00 p.m. of any day, and all
operation 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 permit,
the Agency may, because of exceptional circumstances, permit different hours
of operation under such conditions as he 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.
Operation of any fuel-burning equipment or incinerator so as to cause
emissions in excess of limits set by this chapter which is a direct result
of mechanical breakdown or is a direct result of the shutdown of such equipment
or a scheduled maintenance is not a violation of this chapter, provided that:
A.
The occurrence has been reported to the Agency at least
24 hours before any scheduled maintenance, and the scheduled maintenance is
performed, where possible, during times as specified by the Agency as favorable
for atmospheric ventilation; or
B.
The occurrence has been reported to the Agency as soon
as reasonably possible in the case of a mechanical breakdown, but in no case
more than one hour after the occurrence; and
C.
Repairs are made with maximum reasonable efforts; and
D.
In the event of the emission of air contaminants of a
nature or in quantities which would endanger public health or safety, such
emission is stopped entirely or reduced to harmless levels as soon as possible;
and
E.
Mechanical breakdowns do not occur with such frequency
that careless, marginal or unsafe operation is indicated.
A.
All buildings and premises subject to this chapter are
subject to inspection from time to time by the city or its duly authorized
representatives. All rooms and areas in the building shall be available and
accessible for such inspection, which shall be made during usual business
hours if the premises is used for nonresidential purposes; provided, however,
that inspections may be made at other times if the premises is not available
during the foregoing hours for inspections; or there is reason to believe
that violations are occurring on the premises which can only be apprehended
and proved by inspection during other than the prescribed hours; or there
is reason to believe that a violation exists of a character which is an immediate
threat to health or safety requiring inspection and abatement without delay.
Authorized representatives shall include the Executive Director of the Central
Jersey Regional Air Pollution Control Agency and the Health Officer of Rahway
and their agents, servants or employees.
B.
Emergency inspections may be authorized without warrant
if he has reason to believe that a condition exists which poses an immediate
threat to life, health or safety. Such procedure shall take place only where
the time required to apply and secure the issuance of a warrant would render
ineffective the immediate action necessary to abate the condition. Emergency
inspections may be authorized by the Governor in times of air pollution emergencies
in accordance with N.J.S.A. 26:2C-32. Where the city or its duly authorized
representatives are refused entry or access or are otherwise impeded or prevented
by the owner, occupant or operator from conducting an inspection of the premises,
such person shall be in violation of this chapter and subject to the penalties
hereunder.
C.
Search warrant or access warrant.
(1)
The city may, upon affidavit, apply to the Judge of the
Municipal Court of the city 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 the chapter may exist on the premises, including
one or more of the following:
(a)
That the premises requires inspection according to the
cycle established by the city for periodic inspections of premises of the
type involved.
(b)
That observation of external conditions (for example,
smoke, ash, soot and odors) of the premises and its public areas has resulted
in the belief that violations of this chapter exist.
(c)
Circumstances, such as age and design of fuel-burning
equipment and/or systems, types of incinerators, particular use of premises
or other factors which render systematic inspections of such buildings necessary
in the interest of public health and safety.
(2)
If the Judge of the Municipal Court of the city is satisfied
as to the matters set forth in 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.
If any person violates any of the provisions of this chapter, the Agency
may institute a civil action in the Superior Court in the name of the state,
on relation of the Agency, for injunctive relief to prohibit and prevent the
continuance of such violation or violations.
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 no more than $500 or imprisonment
for a term not to exceed 90 days, or both.
[Amended 7-9-1984 by Ord. No. A-12-84]
B.
The violation 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.
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.
