§ 21-2 Findings and declaration of policy.
§ 21-4 Air pollution prohibited.
§ 21-7 Solid particle emissions from manufacturing industrial sources.
§ 21-8 Idling of vehicles not in motion limited.
§ 21-9 Control and prohibition of air pollution from asbestos surface coatings.
§ 21-10 Control and prohibition of air pollution by volatile organic substances.
§ 21-11 Registration of fuel-burning equipment.
§ 21-14 Registration of a point source.
§ 21-15 Provisions for rescissions.
§ 21-16 Inspection and right of entry.
§ 21-17 Violations and penalties.
§ 21-18 Construal of provisions.
§ 21-20 Emissions banking procedures.
This chapter shall be known as the "Air Pollution Control Code of the Middlesex County Health Department for the Township of Old Bridge."
It is hereby declared that air pollution is a menace to the health, welfare and comfort of the inhabitants of the Township of Old Bridge and a cause of substantial damage to property. For the purpose of preventing and reducing or otherwise controlling atmospheric pollution as herein defined, it is hereby declared to be the policy of the Township of Old Bridge to establish standards governing the installation, maintenance and operation of equipment and appurtenances relating to combustion, to effect and maintain control of stationary point and other sources of air pollution by whatever means appropriate and to develop and process data of both a qualitative and quantitative nature with reference to all point sources of emissions within the confines of the municipality for the purpose of environmental impact assessment, evaluating conformance to standards and requiring emissions reduction where it can be demonstrated that an undue risk to public health exists or appropriate control procedures are not in operation.
Hereinafter abbreviated "EPA," means the United States Environmental Protection Agency.
Solid particles, liquid particles, vapors or gases, exclusive of water vapor or air, as they exist in their natural state, which are discharged into the outdoor atmosphere.
Actinolite, amosite, anthophyllite, chrysotile, crocidolite and/or tremolite.
A solid, semisolid or liquid material of which the main constituents are bitumens.
Any valve designed and used to reduce evaporation losses of volatile organic substances by limiting the amount of air admitted to or vapors released from the vapor space of a closed storage vessel.
Any device which prevents or controls the emission of any air contaminant.
Any paving asphalt which has been liquefied by blending with petroleum solvents or produced directly from the distillation of petroleum and having vaporization properties similar to the blended and liquefied asphalt.
Any mobile storage tank, including but not limited to tank trucks or railroad tank cars.
Hereinafter abbreviated "DEP," means the New Jersey Department of Environmental Protection.
A mechanism for converting energy into electrical and/or mechanical force and motion by using a compression-ignition-type of internal-combustion engine.
A self-propelled vehicle designed primarily for transporting person or property on a public street or highway, which is propelled by a compression-ignition-type of internal combustion engine.
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.
The Director of the Middlesex County Health Department or his or her designated agent.
A floating roof with two complete and separate seal-envelope combinations, one above the other, containing an enclosed space between them. At least one of the seals must be supported by a mechanism which maintains constant seal contact with the inner surface of the vessel walls, despite surface and attitude irregularities.
Those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides or defoliants.
Asphalt which has been liquefied by mixing with water and an emulsifying agent.
Any device capable of causing the emission of air contaminant into the outdoor atmosphere and any stack, chimney, conduit, flue, duct 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 manufacturing process.
Movable roof in an otherwise open top storage vessel, consisting of a floating deck resting on the surface of the liquid contents, a continuous seal supported against the inner surface of the tank shell and an envelope closing the gap between the floating deck and the seal, the entire deck-seal-envelope combination free to rise and fall with the surface of the liquid during filling and emptying of the storage vessel.
The combination of all structures, buildings, equipment, storage vessels, source operations and other operations located on one or more contiguous or adjacent properties owned or operated by the same person.
An external or internal pontoon-type or double-deck-type roof resting on the surface of the liquid contents in a storage vessel and equipped with a mechanism providing one or more tight seals in the space between the floating roof rim and the vessel shell throughout the entire vertical travel distance of the roof or any other floating-type mechanism approved by the DEP for the purpose of preventing air contaminants from being discharged into the outdoor atmosphere.
Any material which can be crumbled, pulverized or reduced to powder by hand pressure.
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 used in the process of fuel-burning for the generation of heat or power. Refuse-burning equipment shall be considered to be incinerators, as herein defined, and shall not be considered to be "fuel-burning equipment" under this definition. Ovens, stoves or ranges used exclusively for domestic cooking purposes are not included within this definition.
Any emission of an air contaminant into the open air other than through any stack, chimney, conduit, flue or other device.
Animal or vegetable waste matter from homes, kitchens, restaurants, hotels, produce markets or from any other source or food of any kind that is to be discarded.
Any petroleum distillate having a Reid vapor pressure of four pounds (207 millimeters of mercury) or greater and used as an automotive fuel.
The Health and Welfare Department of the Township of Old Bridge and/or the Middlesex County Health Department.
The licensed Health Officer of the Township of Old Bridge.
The rate at which the aggregate heat content, based on the higher heating value of the fuel, is introduced into the fuel-burning equipment.
Any device, apparatus, equipment or structure used for destroying, reducing or salvaging by fire any material or substances, including but not limited to refuse, rubbish, garbage, debris or scrap, or any facility 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 maximum linear 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 width of a rectangular cross section.
Particles which have volume but are not of rigid shape and which, upon collecting, tend to coalesce and create uniform homogeneous films upon the surface of the collecting media.
Any action, operation or treatment involving chemical, industrial, manufacturing or processing factors, methods or forms, including but not limited to absorbers, classifiers, columns, condensers, converters, conveyors, cookers, crucibles, crushers, cupolas, digesters, dryers, filters, furnaces, grinders, kettles, kilns, mills, mixers, ovens, quenchers, reactors, reboilers, regenerators, roasters, screens, scrubbers, separators, stills, towers or washers.
Any container wherein a manufacturing process, or any part thereof, takes place.
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.
Check, test, observe, survey or inspect to determine compliance with environmental health standards.
Any vehicle propelled other than by muscular power, except such vehicles as run only upon rails or tracks.
An incinerator with two or more refractory-lined combustion chambers in series, physically separated by refractory walls, interconnected by gas passages and employing adequate design parameters necessary for maximum combustion of the waste material.
The Township of Old Bridge.
Property of a substance which affects the sense of smell.
The property of a substance which is 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 vessel in which a manufacturing process, or any part thereof, takes place during which there is an opening to the atmosphere greater than 25% of the surface area of any liquid substance contained therein.
Any person who has care, custody or control of buildings or premises or a portion thereof, whether with or without knowledge of the owner thereof.
Any chemical compound or mixture of chemical compounds of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbonates, metallic carbides and ammonium carbonate.
Air space outside of buildings, stacks or exterior ducts.
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, including but not limited to a 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 lessee or sublessee of all or part of any premises, including but not limited to dwelling or dwelling unit, shall be deemed to have a 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.
A low-viscosity liquid asphalt applied to a surface in order to prepare it for paving an asphalt concrete.
Includes associations, authorities, companies, corporations, firms, joint-stock companies, partnerships, societies as well as individuals, and shall also include all political subdivisions of this state and/or any agencies or instrumentalities thereof.
Any mixture of volatile organic substance produced by condensing vapors of petroleum during distillation, including but not limited to naphthas, aviation gasoline, motor gasoline, kerosene, diesel oil, domestic fuel oil and petroleum solvents.
Vegetation, including but not limited to trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops.
Any stationary, discernible, confined and discrete conveyance or conduit, including but not limited to any stack, chimney, duct, exhaust, ventilator, flue, breather or pressure-release valve, so arranged or designed as to conduct an effluent into the outdoor air.
Any ventilation system in which pressurized air from a compressed air manifold, fan or similar device is blown into a work area.
The mass of air contaminants emitted or to be emitted through a stack or chimney into the outdoor air, exclusive of any type of control apparatus.
Any vessel into which a volatile organic substance is introduced, including but not limited to storage tanks, delivery vessels and manufacturing process vessels.
Air putrescible and nonputrescible waste (except body waste), including but not limited to garbage, rubbish, yard trimmings, leaves, ashes, street cleanings, dead animals, abandoned automobiles and trade waste.
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 DEP as the equivalent of said Ringelmann's scale for the measurement of smoke density.
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 or 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 metal, chemicals, shipping containers or drums.
A barrier to the passage of volatile organic substance vapors between a floating roof and the inner surface of a storage vessel wall, consisting of a seal which maintains constant contact with the wall as the floating roof rises and descends with the level of the stored volatile organic substance, and a membrane, diaphragm, fabric or blanket, known as an "envelope," which spans the gap between the floating roof and the seal and which is vapor-tight.
An incinerator provided with a single flue which serves as both the charging chute and the flue to transport products of combustion to the atmosphere.
Small gasborne and airborne particles, exclusive of water vapor, arising from a process of combustion in sufficient manner 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.
Any manufacturing process or any identifiable part thereof emitting an air contaminant into the outdoor atmosphere through one or more point sources.
A self-contained, vented, fuel-burning appliance complete with grills or their equivalent, designed for incorporation in or permanent attachment to a wall, floor, ceiling or partition and furnishing heated air, circulated by gravity, radiation or by fan, directly into the space to be heated through openings in the casing.
A flue, conduit or opening designed, constructed and/or utilized for the purpose of emitting air contaminants into the outdoor air.
Seventy degrees Fahrenheit and one atmosphere pressure (14.7 pounds per square inch absolute or 760 millimeters of mercury).
Any tank, reservoir or vessel which is a container for liquids or gases, wherein no manufacturing process or part thereof takes place.
A fill pipe whose point of discharge into the receiving vessel is entirely submerged when the liquid level is no more than six inches (15.2 centimeters) above the vessel bottom, or, in the case of a top- or side-entering fill pipe, when the liquid level is no more than three times the inside radius of the fill pipe, plus five inches (12.7 centimeters), but no more than 42 inches (106.7 centimeters) above the vessel bottom.
A device to remove unwanted foreign matter from the surfaces of nonporous or nonabsorbent materials by using volatile organic substance solvents in liquid or vapor state.
The material, including but not limited to paint, varnish, ink and adhesive, applied to a solid surface in order to achieve a finished coating.
The application and solidification of a surface coating formulation.
Any container whose walls are constructed of material which is rigid and self-supporting.
All solid or liquid material or rubbish resulting from construction, building operations or business, trade or industrial production, including but not limited to any plastic products, cartons, paints, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste products.
The moving of any substance from any storage tank, manufacturing process vessel or delivery vessel into any receiving vessel.
The gaseous form of substances which, under standard conditions, are in the solid or liquid state and which can be changed to these states by either increasing the pressure or decreasing the temperature.
The system for controlling vapor losses during the transfer of volatile organic substance liquid from one vessel to another vessel or tank by means of the simultaneous counter-transfer of displaced vapors from the receiving vessel to the vessel supplying the liquid.
A system for preventing the emission of organic vapors into the outdoor atmosphere.
The pressure of the vapor phase of a substance or the sum of the partial pressures of the vapor phases of individual substances in a mixture of substances which is in equilibrium with the nonvapor phase of the substance or substances.
Not capable of allowing the passage of gases at the pressure encountered.
Smoke which obscures light to a degree readily discernible by visual observation.
Hereinafter abbreviated as "VOS," means any organic substance, mixture of organic substances or mixture of organic or inorganic substances, including but not limited to petroleum crudes, petroleum fractions, petrochemicals, solvents, dilutents and thinners (excluding methane, trichlorofluoromethane, dichlorodifluoromethane, chlorodifluoromethane, trifluoromethane, 1,1,2 trichloro-1,2,2 trifluoroethane, 1,2 dichloro-1,1,2,2 tetrafluoroethane, and chloropentafluoroethane), which has vapor pressures or partial pressures of organic substances of 0.02 pound per square inch absolute (one millimeter of mercury) or more measured at standard conditions; and, in case of surface coating formulations, includes any coalescing or other agent, regardless of vapor pressure, which evaporates from the coating during the drying phase.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
No person 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 where their application is conducted or supervised by a duly licensed person, as certified by the DEP.
A salvage operation by open burning.
The disposal of rubbish, garbage or trade waste or buildings or structures by open burning.
The disposal of any type of plant life by open burning.
A variance approved and issued by the DEP in accordance with N.J.A.C. 7:27-2 et seq.
Open burning exercises for training or research, as provided for in Subsection C.
The use of open burning and/or smoke-causing products or agents for motion-picture, television or other artistic special effects, provided that application, in writing, is presented 72 hours in advance to the Health Department, stating the date, location, time, nature and duration of said activity and such measures as will ensure the safety of said activity and provide a minimum of emissions to produce such an effect.
An air pollution emergency declared by the Governor or adverse meteorological conditions nullify all allowances for open burning.
Open-burning exercises for training or research.
Permit required. No person shall cause, suffer, allow or permit open burning for training in fire protection, prevention or suppression or research exercises without first having obtained a permit issued by the Health Department. Permits shall be issued for either a permanent or a temporary facility, as defined in Subsection C(2).
A "permanent opening-burning exercise facility" shall be considered a facility and/or site constructed and used exclusively for training or research in practical fire evolutions on a continual basis for 15 days or more per permit year. The facility shall be constructed in a remote area of the property, with an impervious material pad and dike to contain all fuel and extinguishing agents utilized. Discharge and disposal systems for unused fuel and extinguishing agents shall comply with all local and state codes. A permanent facility permit shall be valid for one year from its date of issuance, unless revoked by reason of noncompliance with any condition or restriction as set forth in the permit. A permit must be renewed by application between 30 and 90 days prior to its expiration date.
A "temporary open-burning exercise facility" shall be considered a portable or single-day event used exclusively for training or research in fire-extinguishment methods where burning is performed at a facility less than 15 days per year. Such permits shall be valid for a specified single day, or specified alternate day should the exercise be canceled by reasons beyond the control of the applicant and/or facility. The alternate-day exercise must be completed within 30 days of the original specified exercise date. A temporary facility permit may be revoked by reason of noncompliance with any condition or restriction as set forth in the permit. Applications for temporary facility permits must be submitted between 30 and 90 days prior to the burn date.
Application. Application for a permit shall be made to the Health Department on forms provided by the Health Department.
A detailed plan describing the facility and a plot plan, to scale, with North orientation and plant property lines where the facility is located.
The name, address and telephone number of the person(s) responsible for the operation and maintenance of the facility and exercise.
The name, address and telephone number of the owner of the premises where the exercise is to take place.
The name, address and telephone number of the person, contractor or demonstrator responsible for or actually performing the exercise.
Combustible material approved by the Health Department.
The type of fuel-storage facility.
The method of disposal for materials used.
A description of safety and fire-protection devices.
A schedule of dates and times that the exercises are to be carried out.
Such other information as the Health Department may require.
Conditional approval. Upon receipt of an application for the issuance of a permanent facility permit or any renewal thereof, the Director may issue a temporary permit valid for a period not to exceed 90 days and conditioned upon specified improvements or restrictions being made within the prescribed time.
Time limitation. No person shall cause, suffer, allow or permit an exercise at any facility prior to 7:00 a.m. or after 5:00 p.m. of any day. All operations, including complete extinction of the fire and removal of materials in a safe manner, shall be terminated by 5:00 p.m.; provided, however, that, by a special permit provision, the Health Department may, because of exceptional circumstances, permit different hours of operation.
Inspections. All facilities may be inspected by the Director or his agent prior to the issuance of a permit and shall be subject to inspection at any time by the Director or his agent during the term of the permit.
Display of permit. Any person in possession of a permit shall maintain said permit readily available on the premises where the open-burning exercise is approved to be conducted.
The area forestry, forest fire service office.
Compliance with other provisions. The possession of an open-burning exercise facility permit does not relieve any person from the obligation to comply with all other provisions of this code, nor does it in any way void the applicant's obligation to obtain necessary permits from any other governmental agencies.
Said fee shall be made payable to Treasurer, Middlesex County, and submitted with the application to the Health Department.
Smoke emissions from stationary indirect heat exchanger.
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 heat exchanger, except as provided in Subsection A(2) of this section.
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 20% opacity, exclusive of visible condensed water vapor, to be emitted into the outdoor air from the combustion of fuel in any stationary indirect heat exchanger having a rated hourly capacity of 200,000,000 Btu's or greater gross heat input and discharging through a stack or chimney having all internal cross-sectional dimensions of 60 inches or greater.
The provisions of Subsections A(1) and (2) of this section shall not apply to smoke which is visible for a period of not longer than three minutes in any consecutive thirty-minute period.
Smoke emissions from marine installations.
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 20% opacity, exclusive of visible condensed water vapor, to be emitted into the outdoor air from the combustion of fuel in the indirect heat exchanger of any marine installation.
The provisions of Subsection B(1) of this section shall not apply to smoke which is visible for a period of not longer than three minutes in any consecutive thirty-minute period.
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 40% opacity, exclusive of visible condensed 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.
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 20% opacity, exclusive of visible condensed 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.
Smoke emissions from diesel-powered 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 20% opacity, exclusive of visible condensed water vapor, to be emitted into the outdoor air from the combustion of fuel in any diesel engine for a period of more than 10 consecutive seconds.
No person shall cause, suffer, allow or permit particles to be emitted into the outdoor air from any stack or chimney, the shade or appearance of which is greater than 20% opacity, exclusive of water vapor.
Particles, the shade or appearance of which are greater than 20% opacity, exclusive of water vapor, for a period of not longer than three minutes in any consecutive thirty-minute period.
Source operations issued a variance by the DEP in accordance with N.J.A.C. 7:27-6.5.
The operation of construction sites without adequate mud- and dust-control measures on all roadways and/or traveled areas.
Demolition activities unless watering is done twice daily at 0.5 gallon per square yard or the equivalent wetting power using other acceptable means at the active demolition area.
Removal procedures are conducted in compliance with 40 CFR 61.20 through 61.24.
Unpaved roadways or parking lots without adequate mud- and dust-control measures.
Storage piles where particulate matter is entrained and deposited onto neighboring properties.
Fugitive emissions from charging doors, ductwork, vents, windows and doors, outdoor industrial operations and materials handling whereby particulates are deposited onto neighboring properties.
No person shall cause, suffer, allow or permit the motor of a diesel-powered or gasoline-powered vehicle to be in operation for more than three consecutive minutes if the vehicle is not in motion, except that, where the ambient temperature is 32° F. or less, then the permitted period for idling shall be five consecutive minutes.
Buses discharging or picking up passengers.
Vehicles stopped in a line of traffic.
Emergency vehicles in performance of their prescribed function.
Vehicles whose primary and/or secondary power source is utilized, in whole or in part, for necessary and definitively prescribed mechanical operation other than propulsion.
No person shall cause, suffer, allow or permit surface coating by spraying, on all buildings, structures, facilities, installations or internal or external portions thereof, asbestos or friable materials containing in excess of 0.25% (by weight) asbestos.
No person shall engage in demolition or renovation activity involving asbestos unless such activity is in accordance with § 21-7C(3).
Any person responsible for the manufacture, application or use of any coating which the Director has reason to believe contains asbestos shall, when requested by the Director, conduct such tests as are necessary in the opinion of the Director to determine the presence and the amount and/or kinds of asbestos in the coating. Such tests shall be conducted in a manner approved by the Director and shall be made at the expense of the person responsible.
The Director may waive the testing requirements of Subsection C(1) of this section upon receipt of a materials specification report from the material manufacturer certifying that the asbestos content of the surface coating for which testing is required complies with the provisions of Subsection A hereof.
Storage of volatile organic substances.
No person shall cause, suffer, allow or permit the storage of a volatile organic substance in any stationary storage tank of 2,000 gallons (7,570 liters) or greater exposed to the rays of the sun, unless the external surface of the tank is painted and maintained white. The provisions of this section shall not apply to words and logograms applied to the external surface of a storage tank for purposes of identification, provided that such symbols do not cover more than 20% of the external surface area of the tank's sides and top or more than 200 square feet (18.6 square meters), whichever is less.
No person shall cause, suffer, allow or permit the storage of a volatile organic substance in any stationary storage tank having a maximum capacity of 10,000 gallons (37,850 liters) or greater, unless such stationary tank is equipped with control apparatus as determined in accordance with the procedure for using Table 1 or as approved by the DEP as being equally or more effective in preventing the emission of volatile organic substances into the outdoor atmosphere.
Determine the vapor pressure at standard conditions, in pounds per square inch absolute, of the volatile organic substances to be stored.
Select the appropriate line in Table 1 for the vapor pressure determined in Step 1.
Determine the maximum tank capacity in thousands of gallons.
Find the tank capacity range classification for the vapor pressure determined under Step 1.
VOS which have a vapor pressure of 0.02 pound per square inch absolute at 70° F. shall be included in this line.
No person shall cause, suffer, allow or permit the storage of a volatile organic substance having a vapor pressure of greater than 13.0 pounds per square inch absolute (672 millimeters of mercury) at the actual temperature existing at or near the liquid surface in any stationary storage tank having a maximum capacity of 1,000 gallons (3,785 liters) or greater, unless such tank is equipped with a vapor-control system to reduce the rate of volatile organic substance emissions to the outdoor atmosphere by at least 90%, by weight, of the process emission rate.
No person shall cause, suffer, allow or permit the storage of a volatile organic substance in any stationary storage tank subject to the provisions of either Subsection A(2) in Ranges II and III or Subsection A(3) of this section and equipped with gauging and/or sampling systems, unless such systems are vaportight, except when gauging or sampling is taking place.
The provisions of Subsections A(2) and (3) of this section shall not apply to a stationary storage tank in Range II located underground at a depth no less than eight inches (20.3 centimeters) below the surface, measured to the highest point of the tank shell, or installed in another manner approved by the DEP as being equally or more effective in preventing the emission of VOS into the outdoor atmosphere.
Maintained under a controlled elevated temperature.
Equipped with a vapor-control system reducing by at least 98%, by weight, the volatile organic substance emissions to the outdoor atmosphere.
Any stationary storage tank in Range III, as determined from Table I, constructed or installed on or after December 17, 1979, shall be provided with a double-seal floating roof or other control apparatus approved by the DEP as being equally or more effective in preventing the emission of volatile organic substances into the outdoor atmosphere.
No person shall cause, suffer, allow or permit the storage of a volatile organic substance in any stationary storage tank having a maximum capacity of 40,000 gallons (151,400 liters) or greater and equipped with an external floating roof, unless such stationary storage tank is equipped with control apparatus as determined in accordance with the procedure for using Table 1A or as approved by the DEP as being equally or more effective in preventing the emission of volatile organic substances into the outdoor atmosphere.
Determine the vapor pressure at standard conditions in pounds per square inch absolute of the volatile organic substance to be stored.
Select the appropriate line in Table 1A for the vapor pressured determined in Step 1.
Determine the type of construction of the tank shell or walls, whether riveted or welded.
Determine the maximum tank capacity, in thousands of gallons.
Find the tank capacity range classification for the vapor pressure determined under Step 1 and for the type of construction determined under Step 3.
A single seal-envelope combination is required.
A second seal-envelope combination must be added.
No person shall cause, suffer, allow or permit the storage of a volatile organic substance having a vapor pressure of greater than 1.5 pounds per square inch absolute (75 millimeters of mercury) at standard conditions in any stationary storage tank having a maximum capacity of 40,000 gallons (151,400 liters) or greater and equipped with a second seal-envelope combination. The gap area of gaps exceeding 1/8 inch (0.32 centimeter) in width shall not exceed one square inch per foot of tank diameter (6.5 square centimeters per 0.3 meter of tank diameter).
No person shall cause, suffer, allow or permit the storage of a volatile organic substance in any stationary storage tank equipped with an external floating roof unless all openings in such roof, excluding emergency roof drains, are covered when not in active use.
Any delivery vessel, excluding a railroad tank car, used for storing volatile organic substances for more than one month shall be considered a stationary storage tank for the purposes of this section.
Transfer operations of volatile organic substances.
No person shall cause, suffer, allow or permit the transfer of any volatile organic substances into any receiving vessel of 2,000 gallons (7,570 liters) or greater capacity, unless such transfer is made through a submerged fill pipe or by other means approved by the DEP as being equally or more effective in preventing the emission of volatile organic substances into the outdoor atmosphere during transfer.
The provisions of Subsection B(1) of this section shall not apply to manufacturing process vessels installed before December 17, 1979.
A vapor-balance system with all atmospheric vents positively closed during transfer.
A vapor-balance system with a conservation vent adjusted to remain closed during the transfer.
A vapor-balance system with a drilled cap on the atmospheric vent, the drilled hole not to exceed 1/4 inch (6.4 millimeters) in diameter.
A vapor-control system which prevents emissions of more than 6.7 pounds of volatile organic substance per 10,000 gallons (80 milligrams per liter) of gasoline transferred.
A floating roof or equivalent approved by the DEP.
No person shall cause, suffer, allow or permit the transfer of gasoline into any delivery vessel of 2,000 gallons (757 liters) or greater capacity, unless such delivery vessel is connected to control apparatus installed and operating in accordance with the provisions of Subsection B(5) of this section.
Facilities loading more than 4,000 gallons (15,140 liters) per day but not more than 15,000 gallons (56,775 liters) per day shall be equipped with and operating a vapor-balance system or other control apparatus of equal or higher control efficiency. Such vapor-balance system shall have no open operating vent to the atmosphere during transfer and shall not return the vapors to any tank equipped with a floating roof.
Reduces the total emissions of volatile organic substances to the outdoor atmosphere by no less than 90% by weight.
The daily loading rate shall be calculated on the basis of the daily average rate during the month with the highest throughput in the last 12 months operated.
Has a DEP-approved certificate fastened to the vessel in a prominent location which indicates the identification number of the vessel and the date the vessel last passed the pressure and vacuum tests.
After December 31, 1982, no person shall cause, suffer, allow or permit a transfer of gasoline subject to the provisions of Subsection B(3), (4) and (5) of this section if the delivery vessel being loaded is under a pressure in excess of 18 inches of water (34 millimeters of mercury) gauge or the delivery vessel being unloaded is under a vacuum in excess of six inches of water (11 millimeters of mercury) gauge.
The emissions are in the liquid state.
The provisions of Subsection B(4) of this section shall not apply to delivery vessels used for less than one month for the purpose of holding gasoline from a storage tank during a period in which the storage tank is undergoing repair or maintenance.
While venting through a vapor-control system approved by the DEP.
The provisions of this section shall not apply to the transfer of volatile organic substances into marine delivery vessels.
The user can demonstrate that there are no emissions of volatile organic substance from the asphalt under conditions of normal use.
The provisions of the control of volatile organic substances shall not apply to any stationary vessel or delivery vessel maintained under a pressure greater than one atmosphere, provided that any vent serving such vessel has the sole function of relieving pressure under abnormal emergency conditions.
Fuel burning for steam generation or space heating.
Certificate of registration. No person shall use or cause to be used any fuel-burning equipment without first having obtained a certificate of registration. Such certificates shall be valid for three years from their date of issuance, unless revoked by reason of noncompliance with any condition or restriction as set forth in the registration. A registration must be renewed by application between 30 and 90 days prior to its expiration date. Information on either new installations being placed into service or existing installations which have been altered shall be submitted to the Director within three months after their introduction to service.
Compliance with other provisions. The possession of a certificate of registration does not relieve any person from the obligation to comply with all other provisions of this code, nor does it in any way void the applicant's obligation to obtain necessary permits from any other governmental agencies.
Display of certificate. Any person in possession of a certificate of registration shall maintain said certificate readily available on the operating premises.
A fuel-burning unit in a structure used exclusively for residential occupancy of six dwelling units for less.
Motor vehicles operating on the public highways, mobile or marine sources.
A building where the rated capacity of the fuel-burning unit is less than or equal to 140,000 Btu's per hour gross heat input.
Fuel-burning equipment used exclusively for incinerator emissions control, such as primary and secondary burners, provided that the equipment is covered by an incinerator permit, as provided for in § 21-13 of this code.
Application. Applications for certificates of registration shall be made to the Health Department on forms provided by the Health Department.
Information to be supplied. The Health Department may require such details regarding the fuel-burning equipment as it considers necessary to determine that the equipment is designed to operate without causing a violation of any of the provisions of this code or of any rules or regulations promulgated hereunder and that the equipment incorporates advances in the art of air-pollution control developed for the kind and amount of air contaminant emitted by the applicant's equipment and that the equipment is being maintained and operated in a manner which minimizes emissions of air contaminants.
The location of the stack or chimney from which are discharged into the open air products of combustion from the burning of solid, liquid or gaseous fuel.
The type of fuel burned.
The heat content of the fuel burned.
The quantity of fuel burned per hour and/or year.
A description of the combustion equipment configuration.
The usual period of operation.
The height and size of the outlet.
A description of the air-pollution control equipment, including but not limited to smoke alarms, bolometers, transmisometers or opacity meters.
The name, address and business hours telephone number of the owner and/or person responsible for the maintenance of the equipment and at least two nonbusiness hour telephone numbers to be used in an emergency situation.
The name, address and business hours telephone number of the owner and/or person responsible for the day-to-day operation of the equipment and at least two nonbusiness hour telephone numbers to be used in an emergency situation.
Certification as to maintenance, repair or inspection activity which would serve to ensure minimal levels of contaminants emitted.
The DEP permit/certificate and/or owner identification number attached to the unit.
Inspections. All fuel-burning equipment may be inspected by the Director or his agent prior to the issuance of a certificate and shall be subject to inspection at any time by the Director or his agent during the term of the certificate.
Thirty dollars from 140,001 to 499,999 Btu's per hour gross heat input.
Sixty dollars from 500,000 to 999,999 Btu's per hour gross heat input.
Seventy-five dollars over 1,000,000 Btu's per hour gross heat input.
Space heaters in excess of 140,000 Btu's per hour shall be registered as per Categories 1 to 3 above. In no case shall the collective listing of individual space-heating units below 140,000 Btu's per hour require more than a Category 3 registration.
Single flue-fed incinerator prohibited. No person shall construct, install, use or cause to be used any single flue-fed incinerator.
Is of the multiple-chamber type or is of a type approved by the DEP and rated by it as being equally effective for the purpose of air-pollution control.
Has a Health Department permit as provided for in § 21-13 of this code.
Is in use with all components connected or attached or serving the equipment functioning properly in accordance with the Health Department permit.
Fulfills all conditions and provisions of the Health Department permit.
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 or greater than 20% opacity, exclusive of water vapor, to be emitted into the open air.
New fires. The provisions of Subsection E shall not apply to smoke emitted into the open air during the building of a new fire, the shade or appearance of which is darker than No. 2 on the Ringelmann Smoke Chart or greater than 40% opacity, exclusive of water vapor, for a period of not longer than three consecutive minutes.
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.
Odors. No person shall cause, suffer, allow or permit the use of any incinerator which will result in odors being detectable by sense of smell in any area of human use or occupancy.
Time of operation. No person shall cause, suffer, allow or permit in the municipality the operation of any incinerator prior to 7:00 a.m. or after 5:00 p.m. of any day. All operations, including complete extinction of the fire and removal of materials in a safe manner from the firebox to a noncombustible container, shall be completely terminated by 5:00 p.m.; provided, however, that, by a special permit provision, the Health Department may, because of exceptional circumstances, permit different hours of operation under such conditions as it shall deem necessary for the health, safety and welfare of the public or persons in the vicinity.
Sealing of an incinerator. Where the operation of an incinerator constitutes an immediate and substantial menace to public health and safety or is a substantial source of air pollution, causing irritation and discomfort to persons in the vicinity, and the owner or operator fails, upon written or oral notice, to take immediate corrective measures, the Director may take all necessary measures to abate the condition, including but not limited to ordering the cessation of use of the equipment and sealing of the same, pending a hearing in the Municipal Court.
Exceptions. Resource recovery and hazardous waste disposal units shall be classified as point sources and required to comply with § 21-14 of this code.
Permit required. No person shall cause, suffer, allow or permit the use of any incinerator equipment without first having obtained a permit issued by the Health Department. Such permits shall be valid for three years from their date of issuance, unless revoked by reason of noncompliance with any condition or restriction as set forth in the permit. A permit must be renewed by application between 30 and 90 days prior to its expiration date. Information on either new installations being placed into service or existing installations which have been altered shall be submitted to the Director within three months after their introduction to service.
Conditional approval. Upon receipt of an application for the issuance of a permit, or any renewal thereof, the Director may issue a temporary permit valid for a period not to exceed 90 days and conditioned upon specified improvements or restrictions being made within the prescribed time.
Compliance with other provisions. The possession of an incinerator permit does not relieve any person from the obligation to comply with all other provisions of this code, nor does it in any way void the applicant's obligation to obtain necessary permits from any other governmental agencies.
Display of permit. Any person in possession of a permit shall maintain said permit readily available on the operating premises.
The Health Department may require such details regarding the incinerator as it considers necessary to determine that the incinerator is designed to operate without causing a violation of any of the provisions of this code or of any rules or regulations promulgated hereunder and that the incinerator incorporates advances in the art of air-pollution control developed for the kind and amount of air contaminant emitted by the applicant's incinerator and that the incinerator is being maintained and operated in a manner which minimizes emissions of air contaminants.
The nature of the installation.
The type and quantity of waste to be burned.
A description of the equipment configuration.
A description of the devices that are incorporated with the incinerator to ensure against the emission of air pollutants.
The DEP permit/certificate and/or owner identification number assigned to the unit.
Inspections. All incinerators may be inspected by the Director or his agent prior to the issuance of a permit and shall be subject to inspection at any time by the Director or his agent during the term of the permit.
Fees. The permit fee for each incinerator shall be $75, payable to Treasurer, Middlesex County, at the beginning of each renewal period.
Any person operating a point source within the Township of Old Bridge must obtain a certificate of registration from the Health Department.
Application for a point source certificate of registration shall be made to the Health Department on forms provided by the Health Department.
All existing point sources must be registered within three years of the effective date of this code.
Registration of fuel-burning equipment and incinerator permits are required only by §§ 21-11 and 21-13 of this code.
A plot plan, to scale, with North orientation and plant property lines where the facility is located.
The plan will include the height above ground level of all point sources (e.g., stacks or other points which discharge air contaminants into the outdoor atmosphere).
The plan will delineate the location of all existing and proposed point sources, including stationary combustion installations and incinerators. A facility designated identification number, not exceeding five digits, is to be assigned to each point source.
The property line where the facility is located.
The nearest building at or beyond the property line, including a description of the building(s) as residential, light commercial, industrial, hospital, retirement home, health-care, school, etc.
A description of all equipment and control devices.
The identification numbers of all existing permits and certificates issued by the DEP.
The name of the facility owner for which the application is being prepared. For a corporation, include the division or subsidiary name.
The mailing address of the owner and the facility.
The name of designated facility contact to be contacted regarding the application and who is authorized by the owner to represent the owner.
The business hours telephone number of designated facility contact and at least two off-hour telephone numbers to be used in an emergency situation.
The maximum emission rate, in pounds per hour, for each air contaminant.
The maximum number of hours per day the contaminant will be emitted.
The maximum number of days per year the contaminant will be emitted.
Other pertinent information relative to the point source as deemed appropriate by the Director.
Compliance with other provisions. The possession of a certificate of registration does not relieve any person from the obligation to comply with all of the provisions of this code, nor does it in any way void the applicant's obligation to obtain all other necessary permits, certificates and licenses from any other governmental agency.
Inspections. All point sources requiring registration with the Health Department may be inspected by the Health Department or its agent prior to the issuance of a certificate of registration, and the registered point source shall be subject to inspection at any time by the Health Department or its agent during the effective term of the certificate of registration.
The certificate of registration fee for each point source subject to this section shall be $30, made payable to Treasurer, Middlesex County, and is renewable every three years at a fee of $30.
Renewals shall be submitted 90 days prior to the expiration of an existing certificate of registration.
Exemptions. Registration of a point source is not required for dwelling units used exclusively for residential occupancy.
The owner has failed to provide information as required.
A source is found to be operating in contravention to what has been stated or set forth on registration or permit application forms.
A process is altered or relocated without due notification.
A certificate of registration or permit shall be rescinded or denied only at such time after the owner or operator shall have been notified, in writing, of the findings and determinations made by the Middlesex County Health Department. The owner or operator shall then have 10 days after written notification to appeal said decision to the Director.
All buildings and premises subject to this code are subject to inspection from time to time by the Director or his duly authorized representatives. All rooms and areas in the buildings or on the premises, except private residences, shall be available and accessible for such inspection, which shall be made during usual business hours; provided, however, that inspection may be made at other times if the premises is not available during the foregoing hours for inspections, there is reason to believe that violations are occurring on the premises which can be determined and proved by inspection only during other than the prescribed hours or there is reason to believe a violation exists of a character which is an immediate threat to life, health or safety requiring inspection and abatement without delay, where the time taken to apply for and secure the issuance of a warrant would render ineffective the immediate action necessary to abate the condition.
Emergency inspections may also be authorized by the Governor in times of air-pollution emergencies in accordance with N.J.S.A. 26:2C-32.
Where the Director or his agent is refused entry or access or is otherwise impeded or prevented by the owner, occupant or operator from conducting the inspection of the premises, such person shall be in violation of this code and subject to the penalties hereunder.
Search warrant or access warrant.
That the premises requires inspection according to the cycle established by the Township for periodic inspections of premises of the type involved.
That observation of external conditions (smoke, ash, soot, odors) of the premises and its public areas has resulted in the belief that violations of this code exist.
Circumstances such as age and design of fuel-burning equipment and/or system, type of incinerator, particular use of premises or other factors which render systematic inspection of such buildings necessary in the interest of public health and safety.
If the Judge of the municipality is satisfied as to the matter 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.
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 $2,500 for each violation. Each day that such violation shall continue shall constitute a separate offense.
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.
This code is to be liberally construed to effectuate the purpose 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.
This code is promulgated and adopted in accordance with N.J.S.A. 26:2C-8 of P.L. 1954, c. 212 (Title 26:2C-1 to 2C-23); as amended; and nothing contained herein or any action taken hereunder is to be interpreted as being in conflict with the New Jersey Air Pollution Control Act and the New Jersey Administrative Code.
The Air Pollution Control Code of the Township of Old Bridge shall be enforced by the Director of the Middlesex County Health Department and authorized agents thereof. All health officers of municipalities not contracted with the Middlesex County Health Department are hereby designated officers for purposes of the enforcement of this code.
Purpose. The purpose of this rule is to establish procedures for the creation, storage and transfer of emission reduction credits (ERC's) in Middlesex County, New Jersey.
Scope. This rule applies to all criteria pollutants regulated by the state and county agencies.
The average rate, in tons per year (or applicable measurement), that the facility actually emitted during the most representative year in the last five years of operation, as determined by the state agency.
The Administrator of the United States Environmental Protection Agency or any person authorized to act for him or her.
Applicable new source performance standards as set forth in 40 CFR 60.
Applicable standards for hazardous pollutants as set forth in 40 CFR 61.
Applicable emission, equipment and operating standards as set forth in N.J.A.C. 7:27 et seq.
The maximum emission rate specified as a condition of the last applicable DEP permit in effect prior to an emission reduction approved by the state agency for an emission offset or for banking.
Procedures established by the county agency which allow facilities that have created emission-reduction credits and had them approved by the state agency to store them for further use subject to rights and conditions specified in these banking procedures and the Clean Air Act.
The required level of emissions beyond which reduction must occur in order for an emission-reduction credit to be created.
The Middlesex County Planning Board and the Middlesex County Health Department, which are authorized to administer these procedures.
Ozone (03), total suspended particulate matter (TS), sulfur oxides measured as sulfur dioxide (SO2), nitrogen dioxide (NO2), volatile organic substances (VOS) measured as nonmethane hydrocarbons, or carbon monoxide (CO) or any other air contaminant for which national ambient air quality standards have been adopted.
A legally enforceable reduction, approved by the state agency, in the rate of actual emissions from an existing facility to offset the increase in the allowable emissions of air contaminants from a new or altered facility.
A surplus emission reduction approved by the state agency, which represents a permanent and enforceable decrease in the quantity of a pollutant discharged from a source below the applicable baseline.
Methods used by an employer to reduce the amount of air contaminant emissions due to travel of his employees getting to and from the place of employment. Such methods may include but are not limited to ride-sharing programs (car-pooling or van-pooling), preferential parking programs, employee incentives to use mass transportation, staggered work hours and vehicle emission-control programs.
Methods used by an employer to reduce the amount of air contaminant emissions due to company-related travel. Such methods may include but are not limited to ride-sharing programs, optimization of delivery schedules, staggered work hours, vehicle emission-control programs, alternative fuel and alternative propulsion systems.
The combination of all structures, buildings, equipment and other operations located on one or more contiguous or adjacent properties owned or operated by the same person.
The minimum acceptable ratio of emission offsets from an existing facility to increase in allowable emissions from a new or altered facility.
Includes associations, authorities, companies, corporations, firms, joint-stock companies, partnerships, societies, as well as individuals, and shall also include all political subdivisions of this state and/or any agencies or instrumentalities thereof.
Any stationary, discernible, confined and discrete conveyance or conduit, including but not limited to any stack, chimney, duct, exhaust, ventilation, flue, breather or pressure-release valve, so arranged or designed as to conduct an effluent into the outdoor air.
The lowest emission limit that a particular course is capable of meeting by the application of control technology that is reasonably available, considering technological and economic feasibility.
Annual incremental reductions in emissions to the outdoor atmosphere of a criteria pollutant which are sufficient, in the judgment of the state agency, to provide for attainment of the National Ambient Air Quality Standards (NAAQS), as required by the Clean Air Act, as amended August 1977 (42 U.S.C. § 7401 et seq.).
Refers to the public recordkeeping system maintained by the county for recording the creation and transfer of emission-reduction credits.
Any manufacturing process or any identifiable part thereof emitting an air contaminant into the outdoor atmosphere through one or more stacks or chimneys.
The New Jersey Department of Environmental Protection (DEP).
The state's current plan, as required by 42 U.S.C. § 7410, for achieving Clean Air Act objectives.
Administering authority. The Middlesex County Planning Board and the Middlesex County Health Department are responsible for the administering of these procedures.
Application for creation of emission-reduction credits (ERC's).
A person who owns or operates a source operation at which a reduction in emissions has occurred or will occur may apply for the registration of an ERC. An ERC will be registered only after the reduction has taken place.
Application for the registration of an ERC shall be made on forms supplied by the county agency. No application to register an ERC shall be approved unless accompanied by a service fee of $100, to be paid to the Treasurer, Middlesex County.
Copies of applications will be retained by the county agency, and the originals will be forwarded to the state agency.
A minimum deposit of one ton per year of emission reductions of a single criteria pollutant at a facility is required in order to be eligible to receive emission-reduction credit.
Creation of emission-reduction credits (ERC's).
The emission level after the reduction shall be incorporated in a valid state certificate to operate (CTO) and shall be enforceable by the county agency and the state agency through either a valid certificate condition or a consent order.
The emission reduction must represent a real and permanent decrease in emissions below the applicable baseline level.
The baseline used for reviewing emission reductions under this section shall be actual historical emissions emitted by the facility or the current level of allowable emission, whichever is lower. If this emissions data is not available, then the baseline shall be DEP's applicable reasonable available control technology (RACT) level for the source category.
The provisions of this rule shall not apply to emission reductions created prior to six months of the effective date of these procedures, unless documentation of emission reductions has been received by the state agency pursuant to banking procedures set forth at N.J.A.C. 7:27 - 18:7. Firms that have submitted documentation to the state agency pursuant to N.J.A.C. 7:27 - 18.7 may apply to the county agency for verification of emissions reductions within six months of the effective date of these procedures.
Complete applications to register ERC's must be submitted to the county agency within six months after the emission reduction occurs.
All applications to bank emission reductions with the county agency are subject to approval by the state agency pursuant to Subpart (a) and Subchapter 18 of Title 7, Chapter 27, of the New Jersey Administrative Code.
Installing air-pollution control equipment which reduces the rate of actual emissions at a facility.
Applying fugitive emission-control measures which reduce the actual rate of emissions to less than that of the allowable emissions, provided that the facility agrees to install post-reduction monitoring equipment to assure that the reduction is maintained.
Reducing production rate of operating hours to less than the actual rate or hours for the year immediately preceding such reductions or for any representative year within five years of the reductions for volatile organic substances (VOS); winter reductions may not be used to offset summer increases in allowable emissions.
Establishing and supporting employer business travel-control measures or employee commuter travel-control measures, provided that the reductions are quantifiable, permanent, and enforceable and that they are not already required by the New Jersey SIP for attaining and maintaining national ambient air quality standards.
The emission reductions are permanent and enforceable and a report from the Middlesex County Health Department and/or the field office of NJDEP, Bureau of Air Pollution Control, requests that the source operation or entire facility which has been shut down be deleted from the air pollution emissions data system (APEDS).
The emission reductions are not already included in New Jersey's SIP demonstration for attaining and maintaining the national ambient air quality standards.
The person who owns or operates a facility such as a dry-cleaning establishment or a service station at which the emission reduction is created demonstrates that the reduction will not be negated by countervailing increases of the same criteria pollutants from the same type of facilities in the area.
Written notice of the intent to shut down source operations must be received by the county agency prior to the shutdown and removal of equipment.
Owners or operators of source operations that achieve emission reductions from shutdowns shall receive credit for 50% of the registered emission reductions certified by the county agency and approved by the state agency. The remaining 50% of the registered emission-reduction credit shall be owned by the county agency to be allocated to air quality or economic development, as determined by the Board of Chosen Freeholders with the advice of the Middlesex County Air Quality Planning Committee. This section shall not affect emission reductions for which firms file documentation to the state agency, pursuant to N.J.A.C. 7:27 - 18:7, prior to the effective date of these banking procedures.
The baseline used for reviewing emission reductions under this section shall be actual historical emissions emitted by the facility or the current level of allowable emissions, whichever is lower. If this emissions data is not available, then the baseline shall be DEP's applicable reasonable available control technology (RACT) level for the source category.
Approval and verification of credits; respective responsibilities of the state and county agencies.
The county agency shall verify that emission reductions have occurred at the applicant's facility and confirm information submitted by the applicant regarding the nature and quantity of those reductions in accordance with procedures required by the state agency.
To verify emission reductions, the county agency may recommend to the state agency source tests or any other acceptable means of measurement. The applicant must follow state-approved procedures involving who performs the tests, how they are to be performed and how they are to be financed.
All applications to bank emission reductions with the county agency are subject to inspection/validation, which may be performed by the county or state agency. Where inspection/validation is provided by the county, an inspection/validation fee of $100 shall be paid to the Treasurer, Middlesex County, for each source operation associated with the source operation's emission-reduction application, not to exceed any fee established by the state. Inspection/validation performed by the state shall be subject to the state fee schedule. No certificate of registration shall be issued under Subsection I of this section until such inspection/validation fee has been paid.
Within 30 days of receipt of the application form and service fee, the county agency shall verify the emission reduction and shall notify the applicant of its recommendation to the state agency on the eligibility of the emission reduction for credit.
Once approved by the state agency and incorporated into the source operating certificates, the emission reduction shall become an enforceable operating restriction for the facility.
ERC's may be used at the time they are registered or may be stored in the county bank for future transfer or use.
Conditions affecting the ownership of emission-reduction credits.
If the banked ERC's are not used within 10 years, they will revert to the ownership of the county agency. The Board of Chosen Freeholders or its designated agent shall determine whether the unused ERC will be used to produce an air quality benefit for the region or used for economic development.
Registered ERC's shall be discounted by 5% at the time of deposit in the bank, except as set forth in § 21-20G(5)(e). The 5% of the banked ERC's will be deemed owned by the county agency, to be used to produce an air quality benefit to economic development, as the Board of Chosen Freeholders or its designated agent shall determine. This section shall not affect emission reductions for which firms file applications to the state agency pursuant to N.J.A.C. 7:27 - 18.7 prior to the effective date of these banking procedures.
Registered ERC's shall be discounted when the state adopts a control requirement which mandates greater emission reductions of the same pollutant from sources in the same industrial category. The reduction shall equal the difference between the original baseline emissions and the new baseline emissions for source operation. For banked credits, other than VOS, source-specific modeling may be required to allocate the discount necessary to demonstrate attainment.
If new information becomes available to the county or state agency which results in more accurate estimates of emission-reduction credits stored in the emissions banking system, the county agency shall adjust the value of the affected ERC's accordingly, subject to procedures for public hearing as required by the New Jersey Administrative Code.
If a person who registers an ERC fails to comply with the requirements attendant to its creation, the county agency may adjust the value of the ERC accordingly. Once an ERC is transferred to a source other than the one that created it, any violation of the conditions under which the ERC is created will result in enforcement against the source producing the emission reduction and not the source using the ERC.
Once an ERC is applied at a facility, the facility will be subject to all future additional control requirements imposed by the Administrator or the state agency.
Use and transfer of emission-reduction credits; procedural requirements.
Applications to use or transfer ERC's shall be made on forms provided by the county agency.
The application to use or transfer ERC's shall be accompanied by a fee of $100.
No use or transfer of an ERC shall be effective until the county and state agencies are notified thereof, in writing, confirm receipt of notice and approve the use or transfer.
Before an ERC may be used or transferred, the new owner must obtain a new or revised certificate to operate from the state agency reflecting the new emission limit resulting from the application of the ERC's.
Emission-reduction credits created in Middlesex County pursuant to these banking procedures shall be used or transferred in conformance with applicable state regulations. An existing facility utilizing ERC's to come into compliance with state regulations shall only utilize ERC's generated under § 21-20G(1), (2) and (4). Any banked ERC's may be used or transferred as offsets for new source growth.
Copies of applications for registration or transfer of ERC's received by the county agency and all other accompanying information received by it from the applicant.
Recommendations for state agency action to be taken with regard to applications for emission-reduction credit and the documentation supporting the recommendations.
Copies of any documents prepared by the county agency in verifying that an emission reduction has occurred and supporting its recommendation to the Commissioner on the issue of the emission reduction's approval.
Any other public notice related to proposed county agency action with respect to any banked ERC's.


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The protection of copyright owners and their exclusive property rights is limited through several enumerated defences in Ch. III of the Copyright, Design and Patents Act 1988 (CDPA). With the implementation of the Human Rights Act’s provisions into United Kingdom (UK) law in 2000, the exigencies of the fair dealing defence and the necessity of the public interest defence were greatly discussed once more. Copyright and the public interest defence usually tangent each other where information are published, conveyed by a literary work. A critical discussion of public interest also needs to consider the “bigger brother” of freedom of expression. Although copyright law in the UK makes a distinction between ideas and expressions (called the “idea/expression dichotomy”  ) of which the latter only enjoys the protection under the CDPA, it does not prevent that those two rights instigate in a conflict.
This paper is aimed to demonstrate the restrictions and dimensions of both the fair dealing and the public interest defence under the UK law. While copyright owners’ proprietary rights need to be balanced out with the public interest of access to information, both defences are under examination for their compliance with UK law, the Human Rights Act and the European Information Society Directive. First, this paper will demonstrate the criteria’s for fair dealing. Secondly, it will illustrate the public interest defence within the scope of fair dealing and Human Right law, in order to answer the question whether the public interest defence is broadly used to justify copyright infringements. The paper will strictly separate between fair dealing and public interest for illustration and clarity; although most cited cases involve both defences.
A substantial part of a copyright owners’ work can be used freely under the limited scope of the fair dealing defences. The use has to be for a specific purpose mentioned in the CDPA: research and private study, criticism, review and news reporting (current events).  Additionally, incidental inclusion of a work/reading or recitation in public of reasonable extracts from published literary or dramatic works are also not copyright infringements under the CDPA.
Throughout the UK’s case progression the criteria’s for criticism, review and current events were rendered more precisely but remained hard to determine for a general applicability, i.e. that each case requests its own observance due to special circumstances and facts. In Hubbard v. Vosper  , a case concerning the publication of a book by the defendant, critical to Scientology using excerpts of the plaintiff’s confidential materials and code of ethics, the Court of Appeal found that “fair dealing is a question of degree and must be a matter of impression”. Lord Denning M.R. further recognises “that there is little in our law books to help” to determine what for the purposes of criticism and review means. Lord Denning M.R. gives the following guidelines in his judgement: “You must consider first the number and extent of the quotations and extracts. Are they altogether too many and too long to be fair? Then you must consider the use made of them. If they are used as a basis for comment, criticism or review, that may be fair dealing. If they are used to convey the same information as the author, for a rival purpose, that may be unfair. Next you must consider the proportions. To take long extracts and attach short comments may be unfair.”  Moreover the meaning of “made available to the public” was specified. Lord Denning M.R. did not believe a broad publication necessary in order to fulfil the criterion. On the contrary, it is sufficient when the work is only circulated among a small group; and it might be “of such a general interest that it is quite legitimate for a newspaper to make quotations from it, and to criticise them – or review them- without being thereby guilty of infringing copyright”.  With respect to Hubbard v. Vosper the Court of Appeal ruled in favour of the alleged copyright infringer (the defendant), allowing not only criticism on the literary style, but also Scientology’s doctrine.
In ProSieben AG v. Carlton UK Television Ltd. it was strengthened once more that “the terms criticism or review and reporting current events were broad and their precise boundaries could not be precisely defined.”  In that case, a German Television company ProSieben recorded and broadcasted in Germany an exclusive interview with Mandy Allwood. Ms. Allwood was pregnant with eight embryos which she proposed to carry full term, despite medical advice. Carlton, a British television company, made and broadcasted a programme on the subject of “chequebook journalism”, in which it incorporated a 30-second extract of ProSieben’s programme. Subsequently, ProSieben alleged Carlton of copyright infringement by using the extract from its programme. In deciding the case the court had to determine whether Carlton was protected under Section 30 (1) and (2). The Court had to raise the issues of whether Carlton used the programme for the purpose of criticism or review and/or for reporting currents events and whether it was used fairly (also with sufficient acknowledgement for criticism/sec. 178 CDPA). In that matter, the court raised an additional issue whether “the programme incorporating the infringing material is a genuine piece of criticism or review, or is it something else, such as an attempt to dress up the infringement of another’s copyright in the guise of criticism”.  Whereas the judge concluded that Carlton had failed to prove that the 30-second extract was included for the purpose of criticism or review, the Court of Appeal held that it falls within the fair dealing of sec. 30(1). The Court of Appeal elaborated that the programme was made for the purpose of criticism of works of chequebook journalism, especially because the extract shown was very short and was not audible with the original English soundtrack; and that the usage did not lead to an unfair competition or exploitation of ProSieben’s rights.
The Hyde Park Residence Ltd v. Yelland  case concerned illegally obtained stills from a security camera as evidence for the dwell-time of Princess Diana and Dodi Fayed at Windsor Villa. Proving Mr. Al Fayed’s claim about the time spent by both of them there as incorrectly spread. In Hyde Park Residence Ltd. v. Yelland the Court of Appeal stated that the CDPA makes clear that copyright is a property right. Thus the Court must judge the fairness by the objective standard of whether “a fair minded and honest person” would have dealt with the copyright work, in the manner that The Sun did, for the purpose of reporting the relevant current events.  Although Princess Diana and Dodi Fayed already died in 1997 and the newspaper article was published in 1998, it remained current in the sense of sec 30(2) due to the process of publicity. Even though the judge agreed that “events, such as tragedies in which people are killed, continue to be current events so long as the events themselves continue to feature in the news”  , he acknowledged that in other cases a contrary view was also plausible. As a result, the Court of Appeal opined that “a fair minded and honest person would not have paid for the dishonestly taken driveway stills and publish them in a newspaper”; especially because that they do not give proof to the intentionally false implemented rumour’s of Mr. Al Fayed that Princess Diana and Dodi Fayed were about to get married. The Court, further, ruled that the amount of stills used were excessive to the fact of relevant time only, denying the defendants a fair dealing defence.
In 2001 the Court of Appeal gave another judgement concerning the publication of confidential information regarding Mr. Paddy Ashdown, a former Member of Parliament and former leader of the Liberal Democratic party. Before Mr. Ashdown was able to publish his memoirs, the Sunday Telegraph published extracts of a minute which Mr. Ashdown prepared after a meeting. The meeting was considered to be confidential and only attended by a few politicians. A copy of the Minute was disclosed to the Sunday Telegraph later, and subsequently a substantial part was published. The defendant relied upon the defences of section 30(1) and (2), the common law defence of public interest and Article 10 of the Human Rights Act. In Ashdown v. Telegraph Group Ltd. the Court found that the Telegraph Group did not make use of the Minute for the purposes of criticism or review; they rather criticised the actions of the Minister, and that for that matter The Sunday Telegraph did not need to copy the Minute at all. The Court found that arguments copying for the purposes of reporting current events could be argued, but that it does not constitute fair dealing. The “Laddie factors”  were used to make an assessment about the fair dealing. The three factors are: “(1) whether the alleged fair dealing was in commercial competition with the owner’s own exploitation of the work, (2) whether the work had already been published or otherwise exposed to the public and (3) the amount and importance of the work which had been taken”.  The Court of Appeal opined that the Sunday Telegraph’s publication was in conflict with Mr. Ashdown’s own intention to publish his memoirs; that the Minute had not been previously published; and that finally a substantial part was copied. As a result ….
Although Parliament acknowledged the public interest defence in section 171 (3) of the CDPA, it had been treated very chequered by the UK judiciary and rarely been used to defeat infringements of copyright claims. Because Section 171 (3) of the CDPA reads as followed: “Nothing in this part affects any rule of law preventing or restricting the enforcement of copyright, on grounds of public interest or otherwise”, the existence – nonetheless- and the nature as a defence were highly disputed over the years.
The public interest defence has evolved from breach of confidence cases, and was treated as a general principle of common law.  Hubbard v. Vosper was used to state the existence of the defence. Lord Denning M.R. states that “in copyright action, we ought not to restrain a defendant who has a reasonable defence of fair dealing. Nor in an action for breach of confidence, if the defendant has a reasonable defence of public interest”. Additionally in Lion Laboratories Ltd. v. Evans  the Court brought some clarification and authority for the public interest defence. In that case the police was supplied by the plaintiff with machines to breathalyse potential drunk drivers. Because the machines were not working accurately, there was a fear of innocent people being convicted of drink driving offences. The Daily Express wanted to publish extracts of memorandums obtained from former employees which already suggest that the company was aware of the inaccuracy their machines. The Court of Appeal found that the public defence was available in copyright, although it confirmed a lack of authority for its existence because no Section 171(3) was incorporated in the CDPA yet.
In Hyde Park Residence Ltd. v. Yelland, Jacob J. summarized that the need to balance the right of “freedom of expression” and the “right to respect for private life” under Article 10 and 8 respectively of the European Convention of Human Rights requires judges to continually balance whether disclosure is in the public interest.  As mentioned above the case involved illegally obtained stills from a security camera of Princess Diana and Dodi Fayed. The Court of Appeal in Hyde Park Residence took a different view on the defence. Aldous LJ explained that the CDPA “does not give a court general power to enable an infringer to use another’s property, namely his copyright in the public interest”. The existence arises not out of Chapter III of CDPA. Aldous LJ further states that there have been a number of cases where courts have refused to enforce copyright as the works in question were considered libellous, immoral, obscene, scandalous or irreligious.
With respect to confidential information it was held that the public or rather the media have a right to receive information and even an obligation to publish, even if the information has been obtained unlawfully. But the fine line between something of interesting to the public and what is in the publics interest needs to be made.
As a result in Hyde Park Residence Ltd. v. Yelland it was made clear that the defence of public interest is available for copyright infringement claims  , although the derivation and criteria’s remained clouded.
In Ashdown v. Telegraph Group Ltd., the Court of Appeal favoured Mance LJ over Aldous LJ view of point in Hyde Park Residence, that there can not be a precise categorization or definition of the public interest defence. In Ashdown v. Telegraph Group Ltd., the Court of Appeal further acknowledges that the right of freedom of expression (as implemented into the Human Rights Act) “trumps the rights conferred” by the CDPA in rare cases.  “In those circumstances, we consider that section 171 (3) of the Act permits the defence of public interest to be raised”.  Lord Phillips M.R., additionally, commented that this will not lead to a “flood of cases” where freedom of expression is used as a defence of copyright infringements. He considered that the public interest defence “will be very rarely used to justify copying of a form of a work to which copyright attaches”.  The Court, however, cited only one example where the public interest defence would work.
“Where the subject matter of the information is a current event, section 30 (2) of the CDPA may permit publication of the words used. But it is possible to conceive of information of the greatest public interest relating not to a current event, but to a document produced in the past. We are not aware of any provision of the CDPA which would permit publication in such circumstances, unless the mere fact of publication, and any controversy created by the disclosure, is sufficient to make them “current events”.”  Since Hyde Park Residence and Ashdown, therefore, the public interest defence was recognized and it is use when the public has an understandable and legitimate interest to receive the information.
2. Copyright and Human rights after Ashdown v. Telegraph Group Ltd.
Did the Human Rights Act 1998 (HRA) change the courts approaches towards the publics interest in receiving information within the right of freedom of expression? The HRA came into force on 2 October 2000. In the course of implementation it was expected that the Human Rights Act would have effect on intellectual property regarding the public’s rights to receive information under Article 10. With respect to Article 27 (2) of the Universal Declaration of Human Rights, it should be mentioned that also intellectual property rights under international law are considered to be human rights.  While the Human Rights Act was incorporated into UK law the courts were held by the defendants’ arguments to balance the CDPA with Article 10 of the HRA.
With the Directive discussions about the fall of the public interest defence have launched again. That is because Article 5 of the Directive permits exceptions and limitations to the exclusive rights of copyright owners, but makes not mentioning of the public interest. It does, however, permit exceptions for the purpose of criticism or review and reporting current events.  Since Article 5 makes no mentioning with respect to public interest the end of the defence in the light of the supremacy of European Law over national law is argued. But considering that also the European Convention for the Protection of Human Rights is European Law the Directive needs to be interpreted as compatible with the HRA. Furthermore, the European Union is obliged under Article 6(2) of the Treaty of European Union “…to respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms …as they result from the constitutional traditions common to the Member States, as general principles of Community law.” As a result, the narrow list of Article 5 of the Directive needs to be interpreted in the light of Article 10, allowing the appropriate room for the public interest defence. In consequence the implementation of the Directive into UK law has not had any impact of the public interest defence.
Moreover, the conflict between copyright and freedom of expression concerns two individual rights; of which Griffiths believes the latter ought to receive a higher level of protection. With respect to Article 10 of the HRA, the UK courts demonstrated an unwillingness to engage with, and a misapprehension of the European Court of Human Rights judgements. “States are, however, accorded with a wide margin of regulating the right of property in order to advance the common good”  , leaving room for the public interest.
I agree with Jacob J. in Hyde Park Residence who saw the public interest as a safety valve, preventing the worst extremes of copyright law coming to pass. The idea/expression dichotomy is not adhered comprehensively, therefore there is a need for the public interest defence; and the courts have demonstrated that its not been used as a catch-all provision.
"The Protection Of Copyright Owners." LawTeacher.net. 11 2013. All Answers Ltd. 04 2019 <https://www.lawteacher.net/free-law-essays/administrative-law/the-protection-of-copyright-owners-administrative-law-essay.php?vref=1>.
"The Protection Of Copyright Owners." LawTeacher. LawTeacher.net, November 2013. Web. 23 April 2019. <https://www.lawteacher.net/free-law-essays/administrative-law/the-protection-of-copyright-owners-administrative-law-essay.php?vref=1>.
LawTeacher. November 2013. The Protection Of Copyright Owners. [online]. Available from: https://www.lawteacher.net/free-law-essays/administrative-law/the-protection-of-copyright-owners-administrative-law-essay.php?vref=1 [Accessed 23 April 2019].
LawTeacher. The Protection Of Copyright Owners [Internet]. November 2013. [Accessed 23 April 2019]; Available from: https://www.lawteacher.net/free-law-essays/administrative-law/the-protection-of-copyright-owners-administrative-law-essay.php?vref=1.

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Senate Judiciary Committee hearings for United States Supreme Court justice nominee Neil Gorsuch are underway.
It’s time to consider some key questions about First Amendment speech rights the senators should ask during the constitutionally mandated advice-and-consent process.
These hearings often are contentious. That was the case for Justice Clarence Thomas in the early 1990s. And they surely won’t be a cake walk this time, given Democratic anger over Republican inaction on Merrick Garland, former President Barack Obama’s nominee to replace Justice Antonin Scalia, who died in February 2016.
The First Amendment questions I’d pose to Gorsuch are critical because the man who nominated him, President Donald J. Trump, bashes the press as “the enemy of the people” yet proclaims no one loves the First Amendment more than he.
An obvious question for Judge Gorsuch is his view of the court’s 2010 ruling in Citizens United v. Federal Elections Commission. That five-to-four decision divided sharply along perceived partisan lines. It affected the speech rights of corporations and unions in funding political ads shortly before elections. Committee Democrats no doubt will grill Gorsuch about Citizens United.
As the director of the Marion B. Brechner First Amendment Project at the University of Florida, I would like to suggest at least three other timely and vital questions he should be asked about speech rights – but that I doubt he will face.
The first question I’d pose to Gorsuch involves an issue the Supreme Court has never tackled – does the First Amendment protect a person’s right to record police officers doing their jobs in public places?
It’s a vital question in light of incidents such as the April 2015 shooting in the back of unarmed African-American Walter Scott by white police officer Michael Slager in South Carolina. A video of it was captured on a smartphone by barber Feidin Santana while walking to work. It was key evidence in Slager’s murder trial – which ended with a hung jury.
Without guidance from the Supreme Court about recording cops in public venues, lower courts have had to sort it out for themselves.
Just last month, the U.S. Court of Appeals for the Fifth Circuit concluded in Turner v. Driver that “First Amendment principles, controlling authority, and persuasive precedent demonstrate that a First Amendment right to record the police does exist, subject only to reasonable time, place and manner restrictions.” That’s a positive step in terms of creating a constitutional right to record cops within the Fifth Circuit, which includes Texas, Louisiana and Mississippi. But just what constitutes a “reasonable” restriction is extremely vague and problematic, especially because judges usually defer to officers’ judgments.
Worse still, some courts haven’t even recognized any First Amendment right to record police.
In the case of Fields v. City of Philadelphia, now under review by the U.S. Court of Appeals for the Third Circuit, a federal judge ruled there is no First Amendment right to film police in public spaces unless the person recording does so with the intent of challenging or criticizing police actions. In brief, there is no First Amendment right to neutrally record police as a bystander or journalist in Philadelphia.
Trump’s presidency ushers in a new era of confrontational political activism. Protests against Trump and rallies for him are common, with some ending in arrests. Berkeley, California – home of the 1960s free speech movement – saw 10 arrests this month when pro- and anti-Trump individuals clashed.
Gorsuch should be questioned about the First Amendment right to peaceably assemble and the limits on that right affecting political demonstrations on public streets, sidewalks and parks. The Supreme Court privileges such “quintessential public forums” for picketing and protests, and it carefully reviews any restrictions imposed there on speech and assembly. Would Gorsuch follow that tradition of protection?
Disturbingly, The New York Times reported earlier this month that lawmakers in more than 15 states are considering bills that would curb, to varying degrees, the right to protest. Some measures, such as Florida Senate Bill 1096, do so by requiring a special event permit be obtained before any protest on a street, thus stifling spontaneous demonstrations that might occur after a controversial executive order or a startling jury verdict.
Requiring the government to grant a permit before one can protest constitutes a prior restraint on speech. Prior restraints, the Supreme Court has repeatedly found, are presumptively unconstitutional.
Finally, I’d ask Gorsuch for his views about the First Amendment right to offend. It’s an important topic today for three reasons.
First, protesters may use offensive language to capture attention and show the passion behind their views. The Supreme Court traditionally protects offensive political speech, as it famously did in 1971 in Cohen v. California. There it ruled in favor of Paul Robert Cohen’s First Amendment right to wear a jacket with the words “F— the Draft” in a Los Angeles courthouse hallway.
Second, some believe there’s a pall of political correctness in society, particularly in higher education. Some students may be deterred from using certain language or expressing particular viewpoints for fear they will offend others and thus be punished.
Third, the Supreme Court is set to rule in the coming months in a case called Lee v. Tam. It centers on the power of the U.S. Patent and Trademark Office to deny an Asian-American band called The Slants trademark registration over that name because it allegedly disparages Asians. The court heard oral argument in the case in January.
Gorsuch already has submitted written answers to the Judiciary Committee on some issues, but not on the questions raised here. These topics – filming cops in public, protesting on streets and sidewalks, and using offensive language – seem especially relevant in a turbulent Trump era.
This entry was posted in Campaign finance, Civil Rights, Corporate Personhood, Corruption, Demonstrations & Protests, Elections, Government, Human Rights, National Security vs Police State, Peaceful resistance, Social Justice, Supreme Court and tagged Citizens United, Civil Rights, Cohen v. California, Corruption, Elections, Equality, Fields v. City of Philadelphia, First Amendment, Freedom of Speech, Freedom to Assemble, Human rights, Lee v. Tam, Neil Gorsuch, Protests, social justice, Supreme Court, Turner v. Driver, Walter Scott on March 21, 2017 by ew.

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