Loading...
Editor's note: former § 24-150.1 was renumbered 24-139; see L.L. 2015/038 §12, 5/6/2015, eff. 5/6/2016.
(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.
(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 compacting equipment and fuel burning equipment that primarily serves residents of a building or structure that is occupied in whole or in part as the residence of one or more persons, or that is occupied for transacting business, for rendering professional services, or for rendering public or civic services.
(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.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(a) No person shall cause, permit or allow the emission of an air contaminant from any equipment used in a process covered by part two hundred twelve of title six of the New York codes, rules and regulations where such emission exceeds the permissible emission rates specified in the environmental ratings for process emissions sources as set forth in such part.
(b) The provisions of this section shall not be construed to allow or permit any person to emit an 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.
(d) The commissioner may require any owner of equipment used in a process to provide pertinent data concerning emissions so as to show compliance with the requirements of this section.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
Loading...