Any person aggrieved by an order of the department under this act may, upon application made within 15 days after notice thereof, be entitled to a hearing before the department which shall within 30 days thereafter hold a hearing of which at least 15 days written notice shall be given to such persons. Within 30 days after such hearing the department shall issue an appropriate order modifying, approving or disapproving its order. A copy of such order shall be served upon all interested parties. Pending the determination by the department and upon application therefor the department may stay the operation of such order upon such terms and conditions as it may deem proper. Section 15 Repealed Ch. 215, Sect. 7, P.L. 1962.

16. The testimony taken at any hearing shall be under oath and recorded stenographically, but the parties shall not be bound by the strict rules of evidence prevailing in the courts of law and equity. True copies of any transcript and of any other record made of or at such hearing shall be furnished to any party thereto upon request and at his expense.

17. Any hearing required by this act to be held before the department shall be held before the State Commissioner of Health, or a member of the department designated by him, who shall have power to subpoena witnesses and compel their attendance, administer oaths and require the production for examination of any books or papers relating to any matter under investigation in any such hearing. The department, at the request of any respondent to a complaint made by it, or to it, pursuant to this act, shall subpoena and compel the attendance of such witnesses as the respondent may designate and reequire the production for examination of any books or papers relating to any matter under investigation in any such hearing. Section 18 Repealel Ch. 215, Sect. 10, P.L. 1962.

19. If preventive or corrective measures are not taken in accordance with any order of the department, the department many institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any further violation of such code, rule or regulation. Said court shall have power to grant such injunctive relief upon notice and hearing.

Any person who violates the provisions of this act or any code, rule, regulation or order promulgated or issued pursuant to this act shall be liable to a penalty of not less than $25.00, nor more than $500.00 to be collected in a civil action by a summary proceeding under the penalty enforcement law (N.J.S.2A:58-1 et seq.) or in any case before a court of competent jurisdiction wherein injunctive relief has been requested. If the violation is of a continuing nature, each week during which it continues after the date given by which the violation must be eliminated in accordance with the order of the department shall constitute an additional, separate and distinct offense.

The department is hereby authorized and empowered to compromise and settle any claim for a penalty under this section in such amount

in the discretion of the department as may appear appropriate and equitable under all of the circumstances.

20. Review of any final decision or action by the department or by the commission shall be by procedure in lieu of prerogative writs. Review of the validity of any code, rule or regulation promulgated by the commission shall likewise be by procedure in lieu of prerogative writs.

21. No existing civil or criminal remedy for any wrongful action which is a violation of any code, rule or regulation of the commission shall be excluded or impaired by this act.

22. No ordinances or regulations of any governing body of a municipality or county or board of health not inconsistent with this act or any code, rules or regulations promulgated pursuant thereto shall be superseded by this act. Nothing in this act or in any code, rules or regulations promulgated pursuant thereto shall preclude the right of any governing body of a municipality or county or board of health to adopt ordinances or regulations not inconsistent with this act or any code, rules or regulations promulgated pursuant thereto.

23. The powers, duties and functions vested in the State Department of Health under the provisions of this act shall not be construed to affect in any manner the powers, duties and functions vested in the State Department of Health under any other provisions of law.

24. This act shall take effect immediately.

Approved: January 2, 1962

1.1

1.2

The following terms used in this code shall mean and include:

REFUSE: garbage, rubbish and trade waste.

GARBAGE: animal and vegetable matter originating in houses, kitchens, restaurants and hotels, produce markets, etc.

1.3 RUBBISH: 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 and other similar materials.

1.4 TRADE WASTE: all solid or liquid material or rubbish resulting from construction, building operations, or the prosecution of any business, trade or industry including, but not limited to, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste material.

1.5 SALVAGE OPERATIONS: any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, including, but not limited to, metals, chemicals, shipping containers or drums.

1.6 OPEN BURNING: any fire wherein the products of combustion are emitted into the open air, and are not directed thereto through a stack or chimney.

1.7 STACK OR CHIMNEY: a flue, conduit or opening permitting particulate or gaseous emissions into the open air, or constructed or arranged for such purpose. 1.8 PERSON: the word "person" includes corporations, companies, associations, societies, firms, partnerships and joint companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this state, the United States, any other state of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this state.

1.9

COMMISSIONER: means the State Commissioner of Health who is the chief administrative officer of the State Department of Health.

1.10 AIR POLLUTION: the presence in the outdoor atmosphere of substances in quantities which are injurious to human, plant or animal life or to property or unreasonably interfere with the comfortable enjoyment of life and property throughout the State and in such territories of the State as shall be affected thereby and excludes all aspects of employer-employee relationship as to health and safety hazards.

1.1

No person shall cause, suffer, allow or permit open burning of refuse except as provided in section 1.4 and section 1.5 of this chapter.

1.2 No person shall conduct a salvage operation by open burning.

1.3

No person shall dispose of refuse in such manner as to cause air pollution.

1.4 The open burning of trade waste where no other known method of disposal can be used without hazard to health or property is excepted from the provisions of this code.

Any person intending to so engage in the open burning of trade wastes shall before so doing file with the Commissioner an affidavit stating the following:

(a) The name, address and telephone number of the person submitting affidavit;

if such person is a legal entity, the name and address of the individual authorized to accept service of process on its behalf and the name of the officer in charge of the premises where trade wastes are to be burned.

(b) The type of business or activity involved.

(c) The proposed operating practice including the type and quantity of trade waste to be disposed of by open burning.

(d) Whether the open burning is to be carried on for a single instance or inter-
mittently.

(e) The exact location where open burning will be used to dispose of trade waste.
(f) Reasons why no method other than open burning can be used for disposal of
trade waste without resulting in a hazard to health or property.

1.5 Open burning of plant life grown on the premises is not intended to be covered by this code.

SECTION 1

CHAPTER III

MUNICIPAL ORDINANCES OR REGULATIONS

1.1 No ordinance or regulation of any governing body of a municipality or county or board of health not inconsistent with this code shall be superseded by this code and nothing in this code shall preclude the right of any governing body of a municipality or county or board of health to adopt ordinances or regulations not inconsistent with this code.