Section 24-141
§ 24-141 Emission of air contaminant (including odorous air
contaminant) or water vapor; detriment to person, property or plant and
animal life. No person shall cause or permit the emission of air
contaminant, including odorous air contaminant, or water vapor if the
air contaminant or water vapor causes or may cause detriment to the
health, safety, welfare or comfort of any person, or injury to plant and
animal life, or causes or may cause damage to property or business, or
if it reacts or is likely to react with any other air contaminant or
natural air, or is induced to react by solar energy to produce a solid,
liquid or gas or any combination thereof which causes or may cause
detriment to the health, safety, welfare or comfort of any person, or
injury to plant and animal life, or which causes or may cause damage to
property or business.
(a) The prohibition of this section includes, but is not limited to,
emission of the following air contaminant:
(1) Air contaminant that contain cadmium, beryllium, mercury or any
compounds thereof;
(2) Air contaminant containing asbestos, except where such an air
contaminant is emitted from the brake lining of a motor vehicle during
normal use.
(b) The prohibition of this section includes, but is not limited to,
emissions of odorous air contaminant from the following sources:
(1) Aircraft engines,
(2) Ammonia, bleaching powder or chlorine manufacture,
(3) Asphalt manufacture or refining,
(4) Blood processing,
(5) Bag cleaning,
(6) Coal tar products manufacture,
(7) Compost heaps,
(8) Crematory,
(9) Creosote treatment or manufacture,
(10) Diesel engines,
(11) Disinfectants manufacture,
(12) Distillation of bones, coal or wood,
(13) Dyestuff manufacture,
(14) Fat rendering,
(15) Fertilizer manufacture and bone grinding,
(16) Fish processing,
(17) Glue, size or gelatin manufacture,
(18) Incineration or reduction of garbage, dead animals, offal or
refuse,
(19) Oiled rubber or leather goods manufacture,
(20) Paint, oil, shellac, turpentine or varnish manufacture,
(21) Paper and pulp manufacture,
(22) Petroleum refining,
(23) Plastic or resin manufacture,
(24) Processing of food stuffs,
(25) Rubber manufacture,
(26) Shoe-blackening manufacture,
(27) Soap and detergent manufacture,
(28) Slaughter-houses,
(29) Sulfuric, nitric or hydrochloric acid manufacture,
(30) Tanning, curing or storage of rawhides or skins,
(31) Tar distillation or manufacture,
(32) Tar roofing or waterproofing manufacture.
(c) The prohibition of this section, however, shall not include
emissions of the air contaminants in paragraph (a) when restricted to
the following quantities:
(1) cadmium--0.15 micrograms per cubic meter.
(2) beryllium--10 nanograms per cubic meter.
(3) mercury--0.1 microgram per cubic meter.
(4) asbestos--27 nanograms per cubic meter.
Section 24-142
§ 24-142 Emission of air contaminant; standard smoke chart. (a) No
person shall cause or permit the emission of air contaminant of: (1) A
density which appears as dark or darker than number two on the standard
smoke chart or of an opacity which obscures vision to a degree equal to
or greater than smoke of number two density on the standard smoke chart;
or
(2) A density which appears as dark or darker than number one on the
standard smoke chart, but less than number two on said chart, or of such
opacity as to obscure vision to a degree equal to or greater than smoke
of number one density on the standard smoke chart, but less than number
two on said chart, if such an emission continues for longer than two
minutes in the aggregate in any sixty minute period.
(b) The density or opacity of an air contaminant shall be measured at
the point of its emission, except:
(1) When the point of emission cannot be readily observed, it may be
measured at an observable point on the plume nearest the point of
emission; or
(2) In the case of air contaminant emitted from a source outside of
New York, it shall be measured after the plume crosses the
jurisdictional boundary of New York city.
Section 24-143
§ 24-143 Emission of air contaminant from internal or external
combustion engine; visibility standard. No person shall cause or permit
the emission of a visible air contaminant from the internal or external
combustion engine of:
(a) A motor vehicle while the vehicle is stationary for longer than
ten consecutive seconds; or
(b) A motor vehicle after the vehicle has moved more than ninety yards
from a place where the vehicle was stationary.
Section 24-144
§ 24-144 Emission of air contaminant; sulfur compounds; volume
standard. No person shall cause or permit the emission of air
contaminant: (a) from equipment used in a manufacturing process if the
air contaminant emitted as measured in the flue contains sulfur
compounds of more than five hundred parts per million of undiluted
process emissions;
(b) from a boiler with a capacity of five hundred million Btu per hour
or more and completed after August twentieth, nineteen hundred
seventy-one, if the air contaminant emitted has a sulfur dioxide content
of more than one hundred parts per million by volume of undiluted
emissions measured at ten percent excess air;
(c) from a boiler with a capacity of five hundred million Btu per hour
or more and completed before August twentieth, nineteen hundred
seventy-one, if the air contaminant emitted has a sulfur dioxide content
of more than two hundred parts per million by volume of undiluted
emissions measured at ten percent excess air.
Section 24-145
§ 24-145 Emission of particulate matter from refuse burning equipment
and fuel burning equipment; weight-rate standard. (a) No person shall
cause or permit the emission of particulate matter from refuse burning
equipment and fuel burning equipment if the emission from such equipment
is in violation of the provisions of section 24-141 or 24-142 of this
code or if the particulate matter emitted as measured in the flue
exceeds the following limits:
(1) In refuse burning equipment, the permissible particulate rate
shall be as provided in figure four of section 24-153 of this code. If
two or more refuse burning units are connected to a single flue, the
total capacity rating of all refuse burning units connected to the flue
shall be the capacity rating for the purpose of computing the amount of
particulate matter which may be emitted. If a single refuse burning unit
is manifold to two or more flues the capacity rating of the single
refuse burning unit shall be the capacity rating for the purpose of
computing the amount of particulate matter which may be emitted;
(2) In fuel burning equipment in which the preponderance of the
particulate matter emitted is caused by the burning of fuel, 0.40 pounds
for each million Btu per hour input if the equipment has a capacity
rating of ten million Btu per hour or less. If the capacity rating of
the fuel burning equipment is more than ten million Btu per hour, the
amount of permissible emissions of particulate matter shall be as
provided in figure three of section 24-153 of this code, as measured on
a dry basis.
(b) If two or more fuel burning units are connected to a single flue,
the total capacity rating of all fuel burning units connected to the
flue shall be the capacity rating for the purpose of computing the
amount of particulate matter which may be emitted. If a single fuel
burning unit is manifold to two or more flues the capacity rating of the
single fuel burning unit shall be the capacity rating for the purpose of
computing the amount of particulate matter which may be emitted.
Section 24-146
§ 24-146 Preventing particulate matter from becoming air-borne;
spraying of asbestos prohibited; spraying of insulating material and
demolition regulated. (a) No person shall cause or permit particulate
matter to be handled, transported or stored without taking such
precautions as may be ordered by the commissioner to prevent particulate
matter from becoming air-borne.
(b) Six months after August twentieth, nineteen hundred seventy-one no
person shall cause or permit the spraying of any substance containing
asbestos in or upon a building or other structure during its
construction, alteration or repair, except if permitted by a variance
granted pursuant to subdivision (e) of section 24-110 of this chapter.
(c) No person shall cause or permit a building or its appurtenances or
a road to be constructed, altered or repaired without taking such
precautions as may be ordered by the commissioner to prevent particulate
matter from becoming air-borne.
(d) No person shall cause or permit untreated open areas located
within the boundaries of a zoning lot as defined by section 12-10 of the
zoning resolution of the city of New York to be maintained without
taking reasonable precautions to prevent particulate matter from
becoming air-borne.
(e) No person shall cause or permit the spraying of any insulating
material, not otherwise prohibited by this section, in or upon any
building or other structure during its construction, alteration or
repair, unless he or she complies with the following precautions:
(1) Before the start of spraying operations, all floor areas shall be
shoveled clean. Before the application of insulating material commences,
the floor of the areas shall be cleared of all objects, material and
equipment other than that employed in the application of the insulating
material, or all objects, material, and equipment shall be covered with
plastic or other approved tarpaulins in a manner that precludes the
subsequent dispersal of particulate matter.
(2) The entire floor, or the part of the floor to be insulated, shall
be enclosed with plastic or other approved tarpaulins in a manner which
shall preclude the escape of particulate matter from the enclosure. All
interior open areas, such as elevator shafts and stairwells shall be
enclosed in a manner which shall prevent the escape of particulate
matter from the working area. Stack effect of the shafts and stairwells
shall be considered in providing proper enclosures. An enclosure will be
considered satisfactory only if visible insulating material cannot
escape from the enclosure.
(3) Wet insulating material which has fallen to the floor shall be
swept up to prevent dispersal of dried material. Under no condition
shall this material be removed later than at the end of the working day.
Swept-up material shall be placed in a heavy plastic bag strong enough
to resist tearing or breaking under normal handling conditions and
clearly marked as containing insulating material waste. The contents of
the aforementioned plastic bags shall not be transferred to another
container. The plastic bags shall be placed upon a vehicle for disposal
at a site approved by the commissioner.
(4) All floors shall be vacuumed shortly after drying. The contents of
the vacuum bag shall be carefully placed in a container of the type
described in paragraph three of this subdivision and shall thereafter be
placed on a vehicle for removal and disposal at a site approved by the
commissioner.
(5) The materials used to form the enclosure shall be thoroughly
vacuumed upon completion of the application of the insulation in the
area. The entire floor area and ledges and surfaces including tarpaulins
upon which waste insulation material may have fallen, shall then be
vacuumed or revacuumed before removal of the enclosures.
(6) Enclosures shall not be dismantled until the area has been
thoroughly vacuumed after completion of spraying and clean-up.
(7) All areas used for opening bags containing insulating material
and/or changing of hoppers shall be enclosed in such a manner that
insulating material shall not be permitted to escape from the immediate
area in which such activity takes place.
(8) Signs shall be posted outside enclosures warning persons of the
hazards of entering the enclosure without appropriate apparel.
(9) All persons involved in the spraying of insulating material at the
site must be furnished with suitable coveralls which must be left at the
site. No person shall be permitted in an area in which spraying or
handling of insulating material has taken place until the final
vacuuming referred to in paragraph five of this subdivision has been
accomplished, unless such person is furnished with or wears coveralls of
the type described herein. Facilities shall be provided and procedures
instituted and supervised that preclude the removal and dispersal of
insulating material from the construction site on the clothing or other
appurtenances of persons leaving the area.
(10) Any plenum or other structures coated with insulating material
which are intended for use in circulation of air in the building must be
thoroughly cleaned of all debris, dust and waste insulation. All applied
insulation material within a plenum or duct must be coated with a
sealant approved by the commissioner which precludes exposure of the
material to the circulating air whenever the commissioner after ordering
tests to be conducted by the manufacturer in accordance with section
24-107, determines that the insulation material needs such a sealant.
(11) A person shall be assigned the full time responsibility of
supervising the spraying and related operations to assure that no
insulating material is released from the construction site.
(12) In case of emission of insulation material from the construction
site, immediate steps shall be taken to cause the cessation of such
emissions by either effective control measures or work stoppage at the
source of the emissions. There shall then be immediate and complete
clean-up of all material that has escaped the construction site by
measures that will insure that no further dispersal of any insulating
material into the atmosphere can occur.
(f) No person shall cause or permit a building or other structure to
be demolished, except pursuant to chapter one of title seventeen or
article eight of subchapter three of chapter one of title twenty-six of
the code, unless he or she complies with the following precautions:
(1) Demolition by toppling of walls shall not occur except when
approved by the commissioner.
(2) Before the demolition of any section of wall, floor, roof, or
other structure, adequate wetting procedures to lay the dust shall be
employed. All debris shall be thoroughly wetted before loading and while
dumping into trucks, other vehicles or containers. In all cases and at
all stages of demolition, wetting procedures shall be adequate to lay
the dust. Trucks shall be adequately covered or enclosed to prevent dust
dispersion while in transit to point of disposal.
(3) No structural members shall be dropped or thrown from any floor
but shall be carefully lowered to ground level by hoists.
(4) Effective January first, nineteen hundred seventy-two, debris
shall not be dropped or thrown from any floor to any floor below. In
buildings twelve stories or greater in height debris shall be
transported from the upper floors via enclosed, dust-tight chutes or via
buckets. Where chutes are used, a water soaking spray shall be employed
to saturate the debris before it reaches the point of discharge from the
chute. Where buckets are used, the debris shall be adequately wetted to
preclude dust dispersion when buckets are dumped.
(5) Effective January first, nineteen hundred seventy-two, in the
event particulate matter becomes airborne for a continuous period of
fifteen minutes, despite the application of the above procedures, or
because freezing temperatures preclude the use of water for laying the
demolition dust, the work of demolition shall cease at once until other
adequate measures can be taken. Alternate procedures shall be evaluated
by the commissioner before initiation thereof.
Section 24-146.1
§ 24-146.1 Asbestos work. (a) For purposes of this section, the
following terms shall have the following meanings:
(1) "Asbestos" shall mean any hydrated mineral silicate separable into
commercially usable fibers, including but not limited to chrysotile
(serpentine), amosite (cumingtonite-grunerite), crocidolite
(riebeckite), tremolite, anthrophyllite and actinolite.
(2) "Asbestos inspection report" shall mean a report on the condition
of a building or structure in relation to the presence and condition of
asbestos therein.
(3) "Asbestos investigator" shall mean an individual certified by the
commissioner as having satisfactorily demonstrated his or her ability to
identify the presence and evaluate the condition of asbestos in a
building or structure.
(4) "Asbestos containing material" shall mean asbestos or any material
containing more than one percent asbestos by weight.
(5) "Asbestos removal plan" shall mean a plan which will be undertaken
so as to prevent asbestos from becoming airborne in the course of an
asbestos project as defined in this subdivision.
(6) "Asbestos handling certificate" shall mean a certificate issued to
a person who has satisfactorily completed an approved asbestos safety
and health program.
(7) "Approved safety and health program" shall mean a program
certified by the commissioner providing training in the handling and use
of asbestos containing material, and safety and health risks inherent in
such handling and use, together with methods for minimizing the exposure
of workers and the public to asbestos fibers and, instruction in all
applicable federal, state and local laws and regulations pertaining to
asbestos related work.
(8) "Asbestos project" shall mean any form of work performed in
connection with the alteration, renovation, modification, or demolition
of a building or structure, as defined in section 27-232 of this code,
or in connection with the replacement or repair of equipment, pipes, or
electrical equipment not located in a building or structure, which will
disturb more than two hundred sixty linear feet or more than one hundred
sixty square feet of friable asbestos containing material or such
smaller amounts as the commissioner may establish by regulation.
(9) "Friable asbestos material" shall mean any asbestos or any
asbestos containing material that can be crumbled, pulverized or reduced
to powder when dry, by hand pressure.
(10) "AHERA" shall mean the asbestos hazard emergency response act of
nineteen hundred eighty-six, as amended (15 U.S.C. section 641, et
seq.).
(b) (1) It shall be unlawful for any individual to handle friable
asbestos material in the course of performing work for compensation on
an asbestos project unless such individual is a holder of a current,
valid asbestos handling certificate.
(2) It shall be unlawful to employ or otherwise permit any individual
to handle friable asbestos material on an asbestos project when such
person is not a holder of a current, valid asbestos handling
certificate.
(c) The commissioner shall promulgate regulations establishing
procedures for the safeguarding of the health and safety of the public
and all persons who work at or in the vicinity of an asbestos project.
The commissioner, in consultation with the fire commissioner and the
commissioner of buildings, shall promulgate rules within one hundred
twenty days of the enactment of this local law which give further
guidance to contractors on how to maintain egress at asbestos projects,
as such projects are defined in the rules of the department, in
accordance with all applicable laws, codes, rules and regulations.
(d) (1) The commissioner shall promulgate regulations establishing
criteria for certifying individuals as eligible to receive an asbestos
handling certificate and for certifying programs as approved safety and
health programs. The commissioner may restrict the asbestos handling
certificate as to certain supervisory and nonsupervisory functions and
responsibilities.
(2) The commissioner shall promulgate regulations establishing
criteria for certifying individuals as asbestos investigators.
(3) Any certificate issued under this subdivision shall be valid for a
period of two years unless sooner suspended or revoked and may be
renewed for a period of two years upon submission of proof satisfactory
to the commissioner that the individual continues to meet the criteria
established pursuant to this subdivision.
(4) The initial certification of safety and health programs
established pursuant to this section shall expire six months after the
date of such certification. Safety and health program certificates may
be renewed upon presentation to the commissioner of evidence
satisfactory to the commissioner that the program continues to satisfy
the criteria established for such safety and health programs. Such
renewal shall be valid for a period of one year unless suspended or
revoked before such time. The application to renew a certificate shall
be submitted with the appropriate renewal fee thirty days prior to
expiration of such certificate.
(5) The commissioner, after providing notice and an opportunity to be
heard, may suspend or revoke any certificate issued under this
subdivision where it is found that the holder has failed to comply with
this section or any rules or regulations promulgated thereunder.
(6) The commissioner shall charge a fee not to exceed one hundred
dollars to process the application to issue or renew an asbestos
handling certificate and a fee not to exceed two hundred fifty dollars
to process the application of an individual as an asbestos investigator.
(7) The commissioner may suspend the processing of applications for
certification of individuals as asbestos handlers, investigators,
planners, designers, and other titles for which training requirements
are specified by AHERA, and the certification of safety and health
programs when the commissioner determines that regulations promulgated
pursuant to article thirty of the labor law for the certification of
such individuals and for the certification of safety and health programs
are essentially equivalent to regulations promulgated by the
commissioner, and that such certifications are in fact being issued.
(e) (1) a. The commissioner shall prescribe forms for and the content
of asbestos inspection reports to be submitted in accordance with the
provisions of subdivisions a, b, or c of section 27-198.1 of article
nineteen of subchapter one of chapter one of title twenty-seven of the
code. Such reports shall require the furnishing of information deemed
relevant by the commissioner for evaluating, in the case of an asbestos
project, the scope, complexity and duration of such project, or if not
an asbestos project, information deemed relevant by the commissioner for
evaluating the samples taken and the validity of sampling techniques
utilized in preparing such inspection report, and the compliance with
the provisions of this section, any regulations promulgated thereunder,
and any applicable federal and or state laws or regulations.
b. An asbestos inspection report regarding an asbestos project, where
the work to be performed will cause the generation of waste which is
asbestos containing material, shall include (i) the amount of such waste
which will be generated; (ii) the name of the person who will remove the
waste and the number of the industrial waste transporter permit issued
to such person pursuant to article twenty-seven of the environmental
conservation law; and (iii) the site at which such waste will be
disposed of.
c. If at the time the asbestos inspection report for an asbestos
project is required to be filed, any of the information required under
subparagraph b of this paragraph is not known, an amended report shall
be filed thereafter with the department as soon as such information
becomes known. Provided no person shall authorize the transport of waste
which is asbestos containing material unless all information required in
paragraph b has been filed with the department not less than five
business days prior to the time such waste is transported. Provided
further, however, the commissioner may for good cause shown and on such
terms and conditions as he or she deems reasonable and necessary permit
the filing of such report less than five days prior to the time such
waste is transported.
d. Copies of all asbestos inspection reports received by or filed with
the department and any amendments thereto indicating that waste which is
asbestos containing material will be generated shall be forwarded to the
department of sanitation.
(2) The commissioner may by regulation also require for any work which
is not subject to the provisions of subdivision a of section 27-198.1 of
article nineteen of subchapter one of chapter one of title twenty-seven
of the code and for which a permit is required under article nine of
subchapter one of chapter one of such title that an asbestos
investigator certify that the work to be performed will not constitute
an asbestos project or that an asbestos inspection report be completed
and submitted to the department of buildings in conjunction with an
application for such permit. The commissioner may exclude from any
regulation promulgated pursuant to this paragraph certain types of work
within a permit category.
(f) (1) a. The commissioner shall promulgate regulations establishing
the requirements of an asbestos removal plan to be submitted in
accordance with the provisions of subdivision c of section 27-198.1 of
article nineteen of subchapter one of chapter one of title twenty-seven
of the code and shall specify the type or types of demolition or
alteration work for which such submission shall be required. Plans
submitted shall be approved by the commissioner only upon a satisfactory
showing that such plan will effect compliance with all applicable
provisions of this section, regulations promulgated thereunder, all
applicable federal or state laws or regulations and, in addition, that
to the extent feasible, the removal of asbestos will be completed prior
to the commencement of any demolition work. No plan shall be considered
for approval unless accompanied by the payment of a fee established by
the commissioner not to exceed eighteen hundred dollars.
b. Such plan, where the work to be performed will cause the generation
of waste which is asbestos containing material, shall include: (i) the
amount of such waste which will be generated; (ii) the name of the
person who will remove the waste and the number of industrial waste
transporter permit issued to such person pursuant to article
twenty-seven of the environmental conservation law; and (iii) the site
at which such waste will be disposed of.
c. If at the time asbestos removal plan is required to be filed, any
of the information required under subparagraph b of this paragraph is
not known, an amended plan shall be filed thereafter with the department
as soon as such information becomes known. Provided no person shall
authorize the transport of waste which is asbestos containing material
unless all information required in paragraph b has been filed with the
department not less than five business days prior to the time such waste
is transported. Provided further, however, the commissioner may for good
cause shown and on such terms and conditions as he or she deems
reasonable and necessary permit the filing of such amended plan less
than five days prior to the time such waste is transported.
d. Copies of all asbestos removal plans filed with the department and
any amendments thereto indicating that waste which is asbestos
containing material will be generated shall be forwarded to the
department of sanitattion.
(2) The commissioner shall act within a reasonable time not to exceed
sixty days on an application for approval of an asbestos removal plan,
and shall notify the applicant in writing of his or her approval or
disapproval of the application. If an application is disapproved, the
commissioner shall set forth his or her objections in the notice of
disapproval. Within sixty days after service on the applicant of the
notice of disapproval, the applicant may request the commissioner to
reconsider the application by responding in writing to the stated
objections. The commissioner shall consider the applicant's responses to
his or her objections, and shall notify the applicant in writing within
a reasonable time, not to exceed sixty days, of his or her approval or
denial of the application. Failure to respond to the stated objections
or request an extension of time within sixty days after service of the
notice of disapproval shall be deemed a denial of the application.
(g) The commissioner may promulgate any regulations he or she deems
necessary to protect the health and safety of workers and the public in
connection with work not constituting an asbestos project in which
asbestos is or is likely to be disturbed.
(h) A notice or order to stop work may be issued by the commissioner,
or his or her authorized representative, at any time when it is found
that work is being performed in violation of the provisions of this
section, or any rules or regulations promulgated thereunder and which
poses a threat to human safety. Such notice or order may be given orally
or in writing to the owner, lessee or occupant of the property involved,
or to the agent of any of them, or to the person or persons performing
the work and may require all persons in or about the building or
premises to vacate the same forthwith, and also require such work to be
done as, in the opinion of the commissioner, may be necessary to remove
the danger therefrom. Such notice or order shall be valid for a period
of time not to exceed seventy-two hours and may be extended only upon
application to the board in accordance with the provisions of section
24-178 of this code.
(i) The commissioner may grant individual variances for asbestos
projects at specific sites, from particular requirements related to
asbestos prescribed by this code and regulations or orders of the
commissioner promulgated thereunder, whenever it is found, upon
presentation of adequate proof, that compliance with such requirements
would impose unreasonable hardship. In granting a variance the
commissioner may impose such conditions as the policies of this code may
require and shall publish in the City Record no later than seven days
after the granting of such variance a statement of the reasons leading
to his or her decision.
(j) The commissioner may establish a fee to process the applications
listed in this subdivision as follows:
(1) For any asbestos project not requiring a permit or plan approval
issued by the department of buildings and for which an asbestos
inspection report or asbestos removal plan is required by this section
and by regulations promulgated pursuant thereto to be filed with the
commissioner, the commissioner shall be entitled to charge a fee not to
exceed twelve hundred dollars for the asbestos inspection report or
eighteen hundred dollars for the asbestos removal plan.
(2) To process an application for a variance submitted in accordance
with subdivision (j) of this section, the department shall be entitled
to charge a fee as established by the commissioner not to exceed
eighteen hundred dollars.
(3) The commissioner may establish a fee not to exceed the following
amounts for processing applications for the certification or renewal of
certification of safety and health programs established pursuant to this
section:
PROGRAM FEE PER PROGRAM
Asbestos Handler $1500.00 Asbestos Supervisor $ 300.00 Asbestos
Investigator $ 750.00 Biennial Review Course $ 500.00 Refresher Course $
300.00
(k) The commissioner may promulgate any additional regulations he or
she deems necessary to effectuate the purposes of this section.
(l) The commissioner shall promulgate regulations requiring asbestos
investigators to submit on a timely basis to the commissioner the
results of any asbestos survey or investigation for asbestos conducted
in accordance with this section and with regulations promulgated
pursuant thereto if, during or as a result of such asbestos survey or
investigation, the asbestos investigator discovers asbestos containing
material. The commissioner may require the submission of the asbestos
investigator's findings whether or not an asbestos project is planned or
scheduled.
(m) (1) In addition to submission of the asbestos inspection report or
asbestos removal plan, the commissioner may by regulation require
additional notification to the department prior to the start of the
asbestos project. No person shall cause or permit any abatement of
asbestos containing material without compliance with any such additional
notification requirements.
(2) Except as specified in subparagraph c of paragraph one of
subdivision (e) and subparagraph c of paragraph one of subdivision (f)
of this section, the commissioner may prescribe by regulation the
circumstances under which an asbestos inspection report or asbestos
removal plan may be amended, and the circumstances under which a new
asbestos inspection report or asbestos removal plan shall be submitted
to the department. The commissioner may consider the extent of the
proposed amendment, including but not limited to change in floor size,
quantity of asbestos containing material involved, project phasing,
project duration, and replacement of abatement contractor.
* (n) The commissioner shall adopt rules specifying the standards for
the construction of temporary structures for asbestos abatement
activities. In addition to any other requirements, such rules shall
provide that materials used in the construction of such structures be
non-combustible or flame resistant in compliance with reference standard
NFPA 255-06 or NFPA 701-99, as such standards may be modified by local
law or by the Department of Buildings pursuant to applicable rules.
* NB There are 2 sb (n)'s
* (n) Sharing the results of inspections. The commissioner, in
coordination with the commissioner of the department of buildings and
the fire commissioner, shall establish a procedure to share information
regarding violations issued pursuant to this section, in accordance with
the requirements of section 28-103.7.1 of the administrative code of the
city of New York.
* NB There are 2 sb (n)'s
(o) (1) No asbestos abatement activities shall be performed within a
building concurrently with demolition work for the full demolition of
such building or concurrently with the removal of one or more stories of
such building, except as provided in this subdivision and the rules of
the department.
(2) Prior to the issuance of a full demolition permit by the
department of buildings, the owner of the building to be demolished
shall submit to the department of buildings (i) certification, in a form
to be provided by the rules of the department of environmental
protection, that the building is free of asbestos containing material
or, (ii) documentation that the commissioner of environmental protection
has issued a variance from this requirement pursuant to subdivision (i)
of this section and the rules of the department, subject to the
additional conditions set forth in paragraph four of this subdivision.
(3) Prior to the issuance of an alteration permit by the department of
buildings to remove one or more stories of a building, the owner of the
building shall submit certification to the department of buildings in a
form to be provided by the rules of the department of environmental
protection (i) that the stories to be removed are free of asbestos
containing material and that no abatement activities will be performed
anywhere in the building concurrently with the removal work authorized
by such permit or (ii) that the commissioner of environmental protection
has issued a variance from these requirements pursuant to subdivision
(i) of this section and the rules of the department, subject to the
additional conditions set forth in paragraph four of this subdivision.
(4) Prior to granting any variance pursuant to subdivision (i) of this
section relating to the full demolition of a building or the removal of
one or more stories of a building that would permit the performance of
abatement activities concurrent with such demolition or removal work
within the same building, the commissioner of environmental protection
shall notify and consult with the commissioner of buildings and the fire
commissioner regarding the appropriate safeguards for such work.
Notwithstanding any inconsistent provision of section 24-146.3 of the
administrative code, where a variance is issued to perform abatement
activities and demolition or removal work concurrently within the same
building, the asbestos abatement activities may not be performed without
an asbestos permit issued pursuant to section 24-146.3, regardless of
whether such a permit would otherwise be required to perform such
activity.
(5) The commissioner shall post on-line within seven days notice of
any variance granted under this subdivision with a statement of the
reasons leading to his or her decision.
(6) This subdivision shall not apply to full demolition or the removal
of one or more stories performed as emergency work pursuant to article
215 of chapter 2 of title 28 of the administrative code where the
emergency warrants immediate commencement of the work or full demolition
with asbestos in place authorized in accordance with 12 NYCRR 56-11.5.
Section 24-146.2
§ 24-146.2 Enforcement of the labor law. Pursuant to subdivision two
of section nine hundred ten of the labor law, the commissioner shall
have all the powers and responsibility of the commissioner of labor in
enforcing the provisions of article thirty of the labor law and the
rules and regulations adopted thereunder; provided, however, that the
civil penalties authorized pursuant to subdivisions one and two of
section nine hundred nine of such law shall be imposed by the
environmental control board after a hearing in accordance with the rules
of the board.
Section 24-146.3
§ 24-146.3 Asbestos abatement permit. (a) The commissioner shall
establish a permit requirement for asbestos projects, as defined in the
rules of the department, affecting the safety of a building. On and
after a date to be provided in the rules establishing such a permit
requirement, it shall be unlawful to commence or engage in such a
project unless the commissioner has issued an abatement permit for such
project.
(b) The rules shall be adopted in consultation with the fire
commissioner and the commissioner of buildings and shall specify
criteria for the issuance of such permits and requirements to enhance
safety at the site of such projects. The criteria for the permit
requirement shall include, but shall not be limited to, the effect of
the project on the maintenance of the means of egress in the building in
compliance with applicable provisions of the New York city construction
codes, the New York city fire code and other applicable provisions of
law, the effect of the project on the fire protection systems of the
building and whether the project includes work performed only for the
purpose of the asbestos project that may otherwise require a work permit
from the department of buildings, such as but not limited to alteration
work necessary to expose asbestos material for removal to the extent
that such work would otherwise require a work permit pursuant to title
28 of the administrative code.
(c) Application for an asbestos permit shall be made to the department
in such form and containing such information as shall be prescribed in
the rules of the department. The fee for such permit shall be set forth
in the rules of the department. Where the proposed asbestos project
would involve construction work that would otherwise require a work
permit from the department of buildings, construction documents, as
defined in chapter 1 of title 28 of the administrative code, shall be
part of the abatement permit application filed with the department of
environmental protection, except where the submission of such documents
is waived by the department of buildings in accordance with the
provisions of section 28-104.7.12 of the administrative code. The
commissioner of buildings, his or her duly authorized representative, or
an employee of the department of environmental protection designated by
the commissioner of buildings who is a qualified registered design
professional with experience in building construction and design shall
approve or accept such construction documents on behalf of the
department of buildings in accordance with all applicable provisions of
title 28 of the administrative code and no abatement permit shall be
issued without such approval or acceptance.
(d) The commissioner may, on written notice to the permit holder,
revoke any abatement permit for failure to comply with the provisions of
this section or section 24-146.1 or the rules adopted pursuant thereto
or whenever there has been any false statement or any misrepresentation
as to a material fact in the application or other documents submitted to
the department upon the basis of which such permit was issued; or
whenever an abatement permit has been issued in error and conditions are
such that the permit should not have been issued. Such notice shall
inform the permit holder of the reasons for the proposed revocation and
that the applicant has the right to present to the commissioner or his
or her representative within 10 business days of delivery of the notice
by hand or 15 calendar days of mailing of the notice, information as to
why the permit should not be revoked. The commissioner may immediately
suspend any permit without prior notice to the permit holder when the
commissioner has determined that an imminent peril to life or property
exists. The commissioner shall forthwith notify the permit holder that
the permit has been suspended and the reasons therefore, that it is
proposed to be revoked, and that the permit holder has the right to
present to the commissioner or his or her representative within 10
business days of delivery of the notice by hand or 15 calendar days of
mailing of the notice information as to why the permit should not be
revoked.
(e) The permit shall be posted as specified in the rules of the
department for the duration of the asbestos project.
(f) All work shall conform to the approved or accepted construction
documents, and any approved amendments thereto.
(g) The permittee shall comply with section 24-146.1 of this code and
the rules of the department adopted pursuant to such section and with
article 30 of the labor law and rules adopted pursuant to such article.
The commissioner may issue a notice or order to stop work in accordance
with the procedure set forth in subdivision (h) of section 24-146.1 at
any time when work is being performed in violation of this section or
section 24-146.1 or rules adopted pursuant to such sections and such
work poses a threat to human safety.
Section 24-147
§ 24-147 Emission of nitrogen oxides. No person shall cause or permit
emission of an air contaminant:
(a) from a boiler with a capacity of five hundred million Btu per hour
or more and completed after August twentieth, nineteen hundred
seventy-one, if the air contaminant emitted has nitrogen oxides content
of more than one hundred parts per million by volume of undiluted
emissions at ten percent excess air.
(b) from a boiler with a capacity of five hundred million Btu per hour
or more and completed before August twentieth, nineteen hundred
seventy-one, if the air contaminant emitted has nitrogen oxides content
of more than one hundred fifty parts per million by volume of undiluted
emissions at ten percent excess air.
Section 24-148
§ 24-148 Architectural coatings; solvents. (a) After July first,
nineteen hundred seventy-two, no person shall sell, offer for sale,
apply, evaporate, dry, dilute or thin any architectural coating
containing a photochemically reactive solvent.
(b) For the purposes of this section, a photochemically reactive
solvent is any solvent with an aggregate of more than twenty percent of
its total volume composed of the chemical compounds classified below or
which exceeds any of the following individual percentage composition
limitations, referred to the total volume of solvent:
1. A combination of hydrocarbons, alcohols, aldehydes, esters, ethers
or ketones having an olefinic or cyclo-olefinic type of unsaturation:
five percent;
2. A combination of aromatic compounds with eight or more carbon atoms
to the molecule except ethylbenzene: eight percent;
3. A combination of ethylbenzene, ketones having branched hydrocarbon
structures, or toluene: twenty percent.
Section 24-149
§ 24-149 Open fires prohibited; exceptions. No person shall cause or
permit the kindling, maintenance or use of any open fire so as to cause
the emission of an air contaminant into the open air, except as provided
herein:
a. Where such fires are allowed by any other law, rule or regulation,
outdoor residential picnic and barbecue fires in equipment with a total
grate area not exceeding ten square feet and designed to utilize
charcoal, or equipped with gas burners;
b. outdoor noncommercial barbecue and picnic fires in equipment
provided by and located in city parks where such fires are permitted by
the appropriate government agency;
c. official fires used for the training of fire brigades or similar
purposes by persons or corporations requiring such training, but only
with the approval of the commissioner and the fire commissioner;
d. outdoor fires used in conjunction with tar kettles, coke
salamanders, asphalt and snow melting equipment and open natural gas
fired infrared heaters of capacity less than one hundred fifty thousand
BTU/hr;
e. fires used for special effects for the purpose of television,
motion picture, theatrical and for other entertainment productions, but
only with the approval of the fire commissioner and the commissioner.
Section 24-150
§ 24-150 Smoking prohibited. It shall be unlawful for any person to
smoke or carry a lighted cigar, cigarette, pipe or match, or to use any
spark, flame or fire-producing device which has not been authorized for
use by the commissioner, in any passenger elevator regulated pursuant to
subchapter eighteen of chapter one of title twenty-seven of the code.
Each elevator car and each entrance thereto shall contain a sign
directing that smoking or carrying a lighted cigar, cigarette, pipe or
match, or using any spark, flame, or fire-producing device which has not
been authorized for use by the commissioner of buildings, is prohibited
therein. Such sign shall be conspicuously posted and shall be designed
in such form as the commissioner shall determine. Any violation of this
section shall be punished by a fine of not more than fifty dollars or by
imprisonment not exceeding fifteen days, or both.
Section 24-150.1
§ 24-150.1 Smoking at abatement sites. (a) Smoking shall not be
permitted on any floor of a building where abatement activities, as
defined in the rules of the department relating to asbestos control, are
taking place.
(b) Tobacco shall not be permitted inside the work place, as such area
is defined in the rules of the department relating to asbestos control.
(c) Lighters and matches shall not be permitted in the work place, as
such area is defined in the rules of the department relating to asbestos
control.
Section 24-151
§ 24-151 Emission of air contaminant; concealment and masking
restricted. (a) No person shall cause or permit the installation or use
of any device or use of any means which, without resulting in a
reduction in the total amount of air contaminant emitted, conceals an
emission of the air contaminant which would otherwise violate subchapter
six of this code.
(b) No person shall cause or permit the installation or use of any
device or use of any means designed to mask the emission of an air
contaminant which causes or may cause detriment to the health, safety or
welfare of any person.
Section 24-152
§ 24-152 Malfunctions, breakdowns, and removal from service; emergency
action plan. (a) If any control apparatus required by this code is or
will be inoperative for more than six hours, the commissioner shall be
provided with a repair and resumption schedule for his or her approval
by the owner of the equipment.
(b) Whenever the emission of an air contaminant, which emission
constitutes a violation of any provision of this code, occurs as a
result of, malfunction, breakdown or removal from service of equipment
or apparatus, the owner of the equipment from which the emission of an
air contaminant occurs shall report the emission of the air contaminant
and its attendant circumstances to the commissioner not later than
thirty minutes from its discovery. The report shall be confirmed in
writing, in a form prescribed by the commissioner not later than three
days thereafter.
(c) An owner of such equipment shall not continue it in operation
during any malfunction, breakdown, or shutdown of the equipment or of
the apparatus which serves the equipment, except with the express
permission of the commissioner. Such permission shall be given only as
may be necessary to protect the public health and safety. This
subdivision shall not apply where the emission of air contaminant is of
a type or within the limits permitted by this code.
(d) This section shall not apply to refuse burning equipment, refuse
compacting equipment and fuel burning equipment which primarily serve
residents of a building or structure which is occupied in whole or in
part as the residence of one or more persons, or which is occupied for
transacting business, for rendering professional services, for rendering
public or civic services, or for performing other commercial services
that may incidentally involve the storage of limited quantities of
stocks of goods for office use or purposes.
(e) Whenever the commissioner shall determine that equipment, for
which a certificate of operation is required by this code, may emit or
be capable of emitting dangerous or odorous air contaminants, either as
a result of a malfunction or breakdown of such equipment or as a result
of a malfunction or breakdown of the apparatus which serves such
equipment, the commissioner may require the owner of such equipment to
file with the department an acceptable emergency action plan. The
emergency action plan shall detail all activity that will be taken to
prevent or control emissions resulting from a malfunction or breakdown.
Section 24-153
§ 24-153 Emissions of air contaminant; environmental ratings. No
person shall cause, permit or allow the emission of air contaminant from
any equipment altered or installed after August twentieth, nineteen
hundred seventy-one, which exceeds the permissible emission rates
specified in figures one, two, three, four and five, for the
environmental rating as determined in accordance with table one of this
section.
(a) On October first, nineteen hundred seventy-one, or such later date
as established by an order of the commissioner the permissible emission
rates specified in this section shall become applicable to equipment in
existence on or prior to August twentieth, nineteen hundred seventy-one.
(b) The provisions of this section shall not be construed to allow or
permit any person to emit air contaminant in quantities which alone or
in combination with other sources would contravene any air quality
standards.
(c) This section shall be supplemental to all other provisions of this
code and in the event of conflict the more stringent section shall
control.
TABLE 1 - Environmental Rating Criteria
Rating
A. Includes processes, and exhaust and ventilation systems where the
discharge of air contaminant results, or would reasonably be expected to
result, in serious adverse effects on receptors or the environment.
These effects may be of a health, economic or aesthetic nature or any
combination of these.
B. Includes processes, and exhaust and ventilation systems where the
discharge of contaminant results, or would reasonably be expected to
result, in only moderate and essentially localized effects; or where the
multiplicity of sources of the contaminant in any given area is such as
to require an overall reduction of the atmospheric burden of that
contaminant.
C. Includes processes, and exhaust and ventilation systems where the
discharge of contaminant would reasonably be expected to result in
localized adverse effects of an aesthetic or nuisance nature.
D. Includes processes, and exhaust and ventilation systems where, in
view of properties and concentrations of the emissions, isolated
conditions, stack heights, and other factors, it can be clearly
demonstrated that discharge of contaminant will not result in measurable
or observable effects on receptors and not add to an existing or
predictable atmospheric burden of that contaminant which would
reasonably be expected to cause adverse effects.
The following items will be considered in making a determination of
the environmental rating to be applied to a particular source:
(a) properties, quantities and rates of the emissions;
(b) physical surroundings of emission source;
(c) population density of surrounding area, including anticipated
future growth;
(d) dispersion characteristics at or near source;
(e) location of emission source relative to ground level and
surrounding buildings, hills, and other features of the terrain;
(f) current or anticipated ambient air quality in vicinity of source;
(g) latest findings relating to effects of ground-level concentrations
of the emissions on receptors;
(h) possible hazardous side effects of air contaminant in question
mixing with air contaminants already in ambient air; and
(i) engineering guides which are acceptable to the commissioner.
(For Figures 1 through 4 see chapter 907 of the laws of 1985)
FIGURE 5
Usual Degree of Air Cleaning Required (1) from
Processes, and Exhaust and
Ventilation Systems for
Gases and Liquid Particulate Emissions
(Environmental Ratings A*, B*, C*, and D) and
Solid Particulate Emissions
(Environmental Rating A*)**
------------------------------------------------------------------------
Emission Rate Potential (lb/hr)
------------------------------------------------------------------------
Environ- Less 1 10 20 100 500 1,000 1,500 4,000 Greater
mental than to to to to to to to to than
Rating 1.0 10 20 100 500 1,000 1,500 4,000 10,000 10,000
A see 99% Greater than 99%
Note
(2)
B *** 90- 91- 94- 97- 98- Greater
91% 94% 96% 96-97% 98% 99% than
99%
C *** 70- 75- 85- Greater
75% 85% 90% 90-93% 93-98% than
98%
D ***
------------------------------------------------------------------------
* See Figure (1) for permissible emissions
** See Figure (2) for permissible emissions of solid particulates for
environmental rating B,C and D.
*** Degree of air cleaning may be specified by the commissioner
providing satisfactory dispersion is achieved.
(1) Where multiple emission sources are connected to a common air
cleaning device, the degree of air cleaning required will be that which
would be required if each individual emission source were considered
separately.
(2) For an average emission rate potential less than 1.0 lb./hr., the
desired air cleaning efficiency shall be determined by the expected
concentration of the air contaminant in the emission stream. Where it is
uneconomical to employ air cleaning devices, other methods of control
should be considered.
Section 24-154
§ 24-154 Environmental ratings; applications and appeals. (a) The
commissioner may require any owner of equipment to provide pertinent
data concerning emissions so as to show compliance with the requirements
of section 24-153 of this code.
(b) When required by the commissioner, the owner of equipment in
operation before August twenty-fifth, nineteen hundred seventy-one shall
submit a detailed environmental rating report which shall include
emission data, pertinent environmental factors and a proposed
environmental rating showing either conformity with the requirements of
section 24-153 of this code or proposed corrective measures. If this
report is acceptable, the commissioner will so notify the person
operating or maintaining the equipment. If the report is not acceptable
to the department, the commissioner shall notify the applicant as to the
reason therefor, together with an environmental rating that is
acceptable and a time schedule for compliance. Upon petition to the
commissioner within thirty days of such notice, the commissioner shall
grant a hearing to such petitioner on the issue of an appropriate
environmental rating.
(c) Persons beginning or modifying operations after August
twenty-fifth, nineteen hundred seventy-one shall submit to the
commissioner or his or her representative, either prior to or
concurrently with submission of applications for a permit or
registration, a detailed report, including emission data, pertinent
environmental factors and the proposed environmental rating to be used
for design purposes.
(d) Environmental rating reports concerning equipment for which the
submission of an application for a permit or operating certificate is
required shall be professionally certified.
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.
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