(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 provisions 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:
(1) The devices employed in such tunneling, including construction devices, storage bins and hoppers, will be operated or used without causing a violation of the provisions of this code;
(2) The motor vehicles employed in such tunneling will be routed at such times of day and such routes as not to cause unreasonable noise; and
(3) All advances in the art of noise control, including appropriate closures around devices, and sound deadening linings on storage bins and hoppers, developed for the kind and level of noise emitted by applicant's activities or devices have been incorporated into such tunneling activities and devices.
(c) The commissioner may from time to time issue regulations for the guidance of applicants indicating the technical specifications which he or she deems will comply with the performance standards of this section.