DEP Environmental Protection Forms Folder 1175, 1996-2001

NYC 9/11 Public Portal Document

CHAPTER 2 —NOISE CONTROL § 24-248 § 24-247 Information required for applications for and for tunneling permits. (a) Each application foroperating certificates an operating certifi- cate shall contain such information as the commissioner may require in order to determine whether a device covered by the application is or will operate in compliance with the provisions of this code, including but not limited to: (1) The model number and operating characteristics of the device covered by the application;

(2) A report certified by an approved testing laboratory level generated by the device when operated under as to the sound normal operating condi- tions or a manufacturer's warranty as to sound level is regularly tested in accordance with procedures provided that the device established by the Amercian national standards institute or other appropriate ting organization listed in section 24-242; and professional standard-set-

(3) The proposed means, if any, for the prevention or control of unreason- able noise.

(b) Each application for a tunneling permit shall contain such information as the commissioner may require to determine whether tunneling activities and the devices operated therein will be undertaken in compliance with the provisions of this code, including but not limited to:

(1) The types and operating characteristics of the devices employed in such tunneling;

(2) A detailed description of proposed tunneling; and

(3) The proposed means for the prevention of unreasonable noise. (c) Information concerning secret processes which may be required, ascer- tained or discovered by the department shall not be disclosed ment employee, except that the information may by any depart- be disclosed by the commissioner if the department is subpoenaed for the information or if course of a departmental court proceeding or departmental or in the the information is relevant to the proceeding or hearing. board hearing,

§ 24-248 Standards for granting operating certificates and tunneling per- mits. (a) No operating certificate shall be granted unless the applicant shows to the satisfaction of the commissioner that:

(1) The device will be operated without causing a violation of the provi- sions of this code; and

(2) The device incorporates advances in the art of noise control developed for the kind and level of noise emitted by the applicant's device. (b) No tunneling permit shall be granted unless the applicant shows to the satisfaction of the commissioner that:

6225 NYC 4-30-93 NYC-WTC 000138229