Chapter 25. Air Pollution Control Code
Chapter 25 AIR POLLUTION CONTROL CODE
ARTICLE I Title and Policy
§ 25-1. Title.
§ 25-2. Findings and declarations of policy.
ARTICLE II Definitions
§ 25-3. Words and phrases defined.
ARTICLE III Prohibition of Open-Air Burning
§ 25-4. Open-air burning prohibited.
§ 25-5. Exception.
ARTICLE IV Smoke Emissions from Fuel-Burning Equipment
§ 25-6. Smoke emissions from certain fuel-burning equipment prohibited.
§ 25-7. Exception.
ARTICLE V Incinerator Regulations
§ 25-8. Smoke Emissions.
§ 25-9. New fires.
§ 25-10. Visible particles.
§ 25-11. Odors.
§ 25-12. Limitation on time of operation.
ARTICLE VI Prohibition of Air Pollution
§ 25-13. Air pollution prohibited; exception.
ARTICLE VII Inspections and Right of Entry
§ 25-14. Inspection.
§ 25-15. Emergency inspection.
§ 25-16. Search warrant or access warrant.
ARTICLE VIII Penalties
§ 25-17. Violations and penalties.
§ 25-18. Separate offenses.
ARTICLE IX Construction and Severability
§ 25-19. Construction.
§ 25-20. Severability.
ARTICLE X Repealer
§ 25-21. Inconsistent ordinances repealed.
ARTICLE XI Effective Date
§ 25-22. When effective.
[HISTORY: Adopted by the Township Council of the Township of Gloucester 4-1-70 as Ord. No. 390. Amendments noted where applicable.]
General References
Building Code - See Ch.39.
Fire Prevention Code - See Ch.52.
Garbage, rubbish and waste - See Ch.55.
Housing Code - See Ch.59.
Zoning - See Ch.83.
Smoke Control Code - See Ch.99.
Be it ordained by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:
ARTICLE I Title and Policy
§ 25-1. Title.
This ordinance shall be known, and may be cited, as the "Air Pollution Control Code of the Township of Gloucester."
§ 25-2. Findings and declarations of policy.
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 Township of Gloucester 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 Gloucester 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 Health, Air Pollution Control Program.
ARTICLE II Definitions
§ 25-3. Words and phrases defined.
The following terms where ever used herein or referred to in this code 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 of one (1) 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 Gloucester as shall be affected thereby, and excludes all aspects of employer-employee relationship as to health and safety hazards.
ECONOMIC POISIONS - 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 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, 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 part of any premises, including but not limited to a dwelling or dwelling unit, shall be deemed to be a coowner 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, association, societies, firms, partnerships and joint stock companies, as well as individuals.
REFUSE - (See also GARBAGE) - 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 Health 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 gas-borne and air-borne 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, 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.
ARTICLE III Prohibition of Open Air Burning
§ 25-4. Open-Air burning prohibited.
No person shall cause, suffer, allow or permit, open burning of refuse or plant life nor conduct a salvage operation by open burning, except as provided in § 25-5.
§ 25-5. Exception.
The open burning of trade waste is not prohibited where no other known method of disposal can be used without hazard to health or property and the required affidavit has been filed with and approved by the Commissioner of the New Jersey State Department of Health in accordance with Chapter II, Section 1.4 of the New Jersey Air Pollution Control Code.
ARTICLE IV Smoke Emissions from Fuel-Burning Equipment
§ 25-6. Smoke emissions from certain fuel-burning equipment prohibited.
No person shall cause, suffer, allow or permit, smoke from any fuel-burning equipment, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart, to be emitted into the open air.
§ 25-7. Exception.
The provisions of this section shall not apply to:
A. Smoke emitted during the cleaning of a firebox or the building of a new fire, the shade or appearance of which is not darker than No. 2 on the Ringelmann Smoke Chart, for a period or periods aggregating no more than three (3) minutes in any fifteen (15) consecutive minutes.
ARTICLE V Incinerator Regulations
§ 25-8. 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 on the Ringelmann Smoke Chart, to be emitted into the 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 on the Ringelmann Smoke Chart.
§ 25-9. New fires.
The provisions of § 25-8 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 on the Ringelmann Smoke Chart, for a period of no longer than three (3) 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 emissions designated as No. 2 on the Ringelmann Smoke Chart, for a period no longer than three (3) consecutive minutes.
§ 25-10. 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.
§ 25-11. 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.
§ 25-12. Limitation on time of operation.
No person shall operate and no owner or operator of any building in the Township of Gloucester shall permit the operation of an incinerator prior to 7:00am or after 5:00pm of any day, and all operation shall be completely terminated by 5:00pm including complete extinction of the fire and removal of material in a safe manor from the firebox to a noncombustible container; provided, however, that by special permit the Township of Gloucester 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.
ARTICLE VI Prohibition of Air Pollution
§ 25-13. Air Pollution prohibited; exception.
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.
ARTICLE VII Inspections and Right of Entry
§ 25-14. Inspection.
All buildings and premises subject to this code are subject to inspection from time to time by the Building Inspector of the Township of Gloucester or his duly authorized representatives. All rooms or areas in the building may be made available and accessible for such inspection, which shall be made during business hours if the premises are used for nonresidential purposes; provided, however, that inspections may be made at other times if:
A. The premises are not available during the foregoing hours for inspection.
B. There is reason to believe that violations are occurring on the premises which can only be apprehended and proved by inspection during other than prescribed hours.
C. There is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection and abatement without delay.
§ 25-15. Emergency inspection.
Emergency inspections are to be authorized without warrant only if there is reason to believe that a condition exists which poses an immediate threat to life, health or safety and where the time required to apply for and secure the issuance of a search warrant would render ineffective the immediate action necessary to abate the condition. Emergency inspections may be also authorized by the Governor of the State of New Jersey in times of air pollution emergencies in accordance with R.S. 26:2C-32. It shall be deemed a violation of this ordinance to refuse entry or access to an authorized person making an emergency inspection where there is reason to believe that a condition exists which poses an immediate threat to life, health and safety.
§ 25-16. Search warrant or access warrant.
A. The Building Inspector or an authorized representative may, upon affidavit, apply to a Judge of the Township of Gloucester, County of Camden or State of New Jersey 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 code may exist on the premises, including one (1) or more of the following:
1. The premises require inspection according to the cycle established by the Building Inspector for periodic inspections of premises of the type involved.
2. 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 code exist.
3. Circumstances such as age and design of fuel-burning equipment and/or systems, 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.
B. If the Judge of a court of competent jurisdiction 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.
ARTICLE VIII Penalties
§ 25-17. Violations and penalties.
Any person who shall violate any of the provisions of this code, or who shall fail to comply therewith or with any of the requirements thereof, shall be punishable by a fine not to exceed five hundred dollars ($500.) and imprisonment not to exceed six (6) months, or both.
§ 25-18. Separate offenses.
The violation of any section or subsection of this code 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 code. Each day of violation shall constitute an additional, separate and distinct offense.
ARTICLE IX Construction and Severability
§ 25-19. Construction.
This code 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.
§ 25-20. Severability.
If any section, subsection, paragraph, sentence, clause, phrase, or portion of this ordinance shall be adjudged invalid for any reason whatsoever, such portion shall be deemed a separate, distint and independent provision, and such holding shall not affect the validity of the remaining portions hereof which shall remain in full force and effect.
ARTICLE X Repealer
§ 25-21. Inconsistent ordinances repealed.
All ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed only to the extent of such inconsistency.
ARTICLE XI Effective Date
§ 25-22. When effective.
This ordinance shall take effect upon final passage and publication in accordance with law.