Midland Park City Zoning Code

Air, Water and Environmental Pollution. No use shall emit heat, odor, dust, gases, vibrations, noise or any other pollutant into the ground, water or air that exceeds the most stringent, applicable State of New Jersey Department of Environmental Protection and Federal Environmental Protection Administration regulations and criteria. No permit shall be issued for any use where a state and/or federal permit is required until the state and/or federal agencies have ascertained and approved the level and quality of emission control, and level of monitoring to be conducted.

Storage and Waste Disposal. No materials shall be deposited so they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation, surface water, evaporation or wind. All materials which may create a pollutant or be a safety and health hazard shall be stored indoors and be enclosed in appropriate containers to eliminate such pollutant or hazard.

There shall be no discharge at any point of treated or untreated sewage or industrial waste into any stream, lake, reservoir or into the ground of any material which may contaminate the water supply or endanger human health and welfare. No industrial waste shall be discharged into any system, nor shall any wastes be discharged in the public sewer system which are dangerous to the public health and safety.

Effluent shall at all times comply with the following standards:

No flammable or explosive substance shall be stored on a property except under conditions approved by the Midland Park Fire Official pursuant to the Fire Safety Act.

All activities shall be carried on only in structures which conform to the standards of the National Board of Fire Underwriters or the Borough Building Code or Fire Prevention Code, whichever is the more restrictive. All operations shall be carried on and explosive raw materials, fuels, liquids and finished products shall be stored in accordance with the standards of said Board of Fire Underwriters.

There shall be no noise emanating from the operating or use measured from any point on the property line of the lot on which an industrial operation is located which shall exceed the values given in the following table in any octave band of frequency. The sound pressure shall be measured with sound level meters and/or analyzers conforming to the United States of America Standard Specification for Octave, Half-Octave and Third-October Band Filter Sets, S1.11-1966, or latest revision, published by the United State of America Standards Institute, New York, New York.

For objectionable noises due to intermittence, beat frequency or hammering, or if the noise is not smooth and continuous, or for any noise that takes place between 10:00 p.m. and 8:00 a.m., corrections shall be made to the above table by subtracting five decibels from each of the decibel levels given.

There shall be no direct or sky-reflected glare exceeding 0.5 footcandle measurable beyond the property line of the lot occupied by such use when adjacent to or within a residential zone. This regulation shall not apply to lights used at the entrance or exit of service drives.

Emission of odorous matter shall be below odor threshold concentrations at the lot line and at the point of maximum ground level concentration of this point is beyond the lot line. Recognized compilations of odor threshold concentrations may be used as standards of granting permits, but for an established use the actual detect ability of odor shall be the standard. Odor threshold compilations include Air Pollution Control Association Paper 68-131 (1968); Table III, Chapter 5, of Air Pollution Abatement Manual, Manufacturing Chemists Association, Washington, 1951; and U.S. Bureau of Mines Technical Paper 480.

Dust, dirt, fly ash and other particulate shall be controlled so that no such emission will cause damage to human health, animals, vegetation or other property or cause any excessive soiling beyond the lot line of the source use. There shall be no emission of any solid or liquid particulate matter in excess of 0.15 grain per dry standard cubic foot of stack gas, corrected to 12% CO₂. Particulate emission determinations shall be made according to standards of the New Jersey Department of Environmental Protection and the United States Environmental Protection Agency, whichever standards are greater.

Fugitive dust shall be held to a minimum by use of good housekeeping practices and other appropriate control techniques.

There shall be no emission of smoke or other visible atmospheric pollutant to give a plume equivalent opacity in excess of 15%. Opacity readings may be made visually by a trained observer or by a stack-mounted opacity meter. Steam plumes are exempt from this limit, but steam may not be used to mask other emissions.

Under no circumstances shall any use emit noxious, toxic or corrosive fumes or gases. Reference shall be made to Table I, Industrial Hygiene Standards, Maximum Allowable Concentrations, Chapter 5, of the Air Pollution Abatement Manual for determination of toxic pollutants to be prohibited.

Radioactivity shall not be emitted to exceed quantities established as safe by the United States Bureau of Standards, as amended from time to time, as well as standards as adopted by the New Jersey Department of Environmental Protection, as amended from time to time, whichever are more restrictive. No electrical disturbances, except from domestic household appliances, shall adversely affect the operation at any point of any equipment other than that of the creator of such disturbance.