Section 24-101
§ 24-101 Short title. chapter one of this title of the code of the
city of New York shall be known and may be cited as the "New York city
air pollution control code".
Section 24-102
§ 24-102 Declaration of policy. It is hereby declared to be the public
policy of the city to preserve, protect and improve the air resources of
the city so as to promote health, safety and welfare, prevent injury to
human, plant and animal life and property, foster the comfort and
convenience of its inhabitants and, to the greatest degree practicable,
facilitate the enjoyment of the natural attractions of the city. It is
the public policy of the city that every person is entitled to air that
is not detrimental to life, health and enjoyment of his or her property.
It is hereby declared that the emission into the open air of harmful or
objectionable substance, including but not limited to smoke, soot, fly
ash, dust, fumes, gas, vapors, odors or any products of combustion or
incomplete combustion resulting from the use of fuel burning equipment
or refuse burning equipment is a menace to the health, welfare and
comfort of the people of the city and a cause of extensive damage to
property. For the purpose of controlling and reducing air pollution, it
is hereby declared to be the policy of the city to actively regulate and
eliminate such emissions. The necessity for legislation by the enactment
of the provisions of this chapter is hereby declared as a matter of
legislative determination. This code shall be liberally construed so as
to effectuate the purposes described in this section. Nothing herein
shall be construed to abridge the emergency powers of the board of
health of the department of health and mental hygiene or the right of
such department to engage in any of its necessary or proper activities.
Section 24-104
§ 24-104 Definitions. When used in the New York city air pollution
control code:
(1) Air contaminant means any particulate matter or any gas or any
combination thereof in the open air, other than uncombined water or air.
(2) Air contaminant detector means a device or combination of devices
which cause audible and/or visible signals in the presence of an air
contaminant of a particular concentration, density or opacity.
(3) Air contaminant recorder means an apparatus which produces a
record of the time, duration, concentration and density or opacity of an
air contaminant.
(4) Alteration means any modification or change of the design,
capacity, process or arrangement, or any increase in the connected load
of equipment or apparatus which will affect the kind or amount of air
contaminant emitted. Alteration does not include replacement or repair
of wornout or defective equipment.
(5) Anthracite coal means the current definition of anthracite coal as
classified by the American society for testing and materials.
(6) Apparatus means any device which prevents, controls, detects, or
records the emission of any air contaminant.
(7) Bituminous coal means the current definition of bituminous coal
and subbituminous coal as classifed by the American society for testing
and materials.
(8) Board means the environmental control board of the city of New
York.
(9) Boiler means equipment which is used to heat water for the purpose
of generating hot water and/or steam.
(10) Btu input means the quantity of heat generated by a fuel fed into
a furnace under conditions of complete combustion, measured in British
thermal units. Btu input includes sensible heat, calculated above sixty
degrees F., available from materials introduced into the combustion
zone.
(11) Capacity rating means the fuel burning equipment manufacturer's
guaranteed maximum Btu input rating in millions of Btu per hour, or the
maximum four-hour average actual rate, whichever is higher.
(12) Certificate means an operating, sulfur exemption, temporary
operating, or temporary sulfur exemption certificate.
(13) Charter means the New York city charter, including all of its
amendments.
(14) City means the city of New York.
(15) Combustion controller means an apparatus which automatically
continually maintains the proper fuel to air ratio for the optimum
combustion of fuel.
(16) Combustion shutoff means an apparatus which is designed to halt
automatically a combustion process when proper combustion conditions are
not being maintained.
(17) Commissioner means commissioner of environmental protection.
(18) Control apparatus means any device which prevents or controls the
emission of any air contaminant.
(19) Department means department of environmental protection.
(20) Dust means solid particulate matter which has been released into
the open air by natural forces or by mechanical processes.
(21) Emission means dispersion of an air contaminant into the open air
of the city.
(22) Emission rate potential means the rate in pounds per hour at
which air contaminant would be emitted to the open air in the absence of
air pollution control facilities or other control measures. The emission
rate potential for cyclic operations shall be determined by considering
both the instantaneous emission potential and the total emission
potential over the time period of the cycle.
(23) Emission source means a point at which an emission occurs.
(24) Environmental rating means a rating indicated by the letters A,
B, C or D in table 1, section 24-153 of the code.
(25) Equipment means any device capable of causing the emission of an
air contaminant into the open air, or any stack, conduit, flue, duct,
vent or similar device connected or attached to, or serving such device.
* (26) Equipment used in a process means equipment (except refuse
burning equipment or fuel burning equipment) used in any industrial,
commercial, agricultural or other activity, or in any operation,
manufacture or treatment in which chemical, biological or physical
properties of materials are changed.
* NB Amended L.L. 49/85 § 1, language juxtaposed per Ch. 907/85 § 14
(27) Excess air means the quantity of air which exceeds the
theoretical quantity of air required for complete combustion.
(28) Exhaust and ventilation source means a system which removes and
transports air contaminant to the exterior of a building or other
structure.
(29) Fuel burning equipment means equipment, other than a motor
vehicle, designed to burn fuel.
(30) Installation means the placement, assemblage or construction of
equipment or apparatus at the premises where the equipment or apparatus
will be used, and includes all preparatory work at such premises.
(31) Major deficiency means a defect in the design and/or installation
that may cause the equipment to generate unnecessary air pollution.
(32) Minor deficiency means a defect in the design and/or installation
that does not accomplish or provide the monitoring or maintenance
capability required by the permit issued to install or alter the
equipment.
(33) Motor vehicle means equipment which is propelled by an engine in
or upon which a person or material may be transported on the ground.
(34) Odorous air contaminant means any air contaminant which is
released in sufficient concentrations to be detected by the human
olfactory sense.
(35) Open air means all the air available for human, animal, or plant
respiration, but shall not include the air in equipment and private
dwellings.
(36) Open fire means any fire wherein the products of combustion are
emitted directly into open air and are not directed thereto through a
stack, conduit, flue, duct, vent or similar device.
(37) Owner means and includes the owner of the freehold of the
premises or lesser estate therein or mortgagee thereof, a lessee or an
agent of any of the above persons, a lessee of the equipment or his or
her agent, a tenant, operator, or any other person who has regular
control of equipment or apparatus.
(38) Particulate matter means any liquid, other than water, or any
solid which is or tends to be capable of becoming windblown or being
suspended in air, or other gas or vapor which becomes a solid or liquid
at standard conditions of thirty-two degrees F. and 14.7 psia.
Particular matter measured on a dry basis shall be comprised of all
materials collected at two hundred fifty degrees F. on and prior to the
dry filter medium which achieves an efficiency greater than 99.9 per
cent for particles 0.3 microns in diameter based on dioctyl phthalate
smoke.
(39) Permissible emission rates means the maximum rate in lbs. hr. at
which air contaminant may be emitted to the open air.
(40) Permit means an installation or alteration permit.
(41) Person means individual or partnership, company, corporation,
association, firm, organization, governmental agency, administration or
department, or any other group of individuals, or any officer or
employee thereof.
(42) Portable equipment means equipment designed to be transported
from place to place for temporary operation, other than a motor vehicle,
or lawn mower, snowblower or other similar domestic, non-commercial
equipment.
(43) Process weight means total weight of the materials including
solid fuels introduced into any specific process but excluding liquid
and gaseous fuels and combustion air.
(44) Process weight per hour means process weight divided by the
number of hours from the beginning of any specific process to the
completion of the process, excluding any time during which the equipment
used in the process is idle.
(45) Professional certification means certification by a professional
engineer or registered architect who is licensed to practice engineering
or architecture under section seven thousand two hundred two or seven
thousand three hundred two of the education law.
(46) Refuse burning equipment means equipment designed to burn waste
material, garbage and refuse.
(47) Refuse compacting system means any machine or system of machines
capable of reducing waste material and garbage by means other than
burning. So that it reduces by a volume to be determined by the
commissioner and is suitable for collection by the department.
(48) Refuse containerization system means any system for the disposal
of waste material and garbage jointly approved as to specifications by
the department of health and mental hygiene, the department of housing
preservation and development and the department pursuant to section
27-2021 of the code, which utilizes containers compatible with
mechanical loading systems on vehicles operated for the collection of
refuse.
(49) Residual fuel oil means a fuel oil meeting the current definition
of fuel oil grades No. 5 and 6 as classified by the American society for
testing and materials.
(50) Scrubber means a control apparatus which uses water or other
fluids to remove air contaminant from a gas stream.
(51) Solid fuels means anthracite and bituminous coal, or coke as
currently defined by the American society for testing and materials.
(52) Standard smoke chart means the Ringelmann chart, as published by
the United States bureau of mines, photographically reduced to 1/18th in
size for use in the field.
(53) This code means the air pollution control code.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.