§ 24-247 Information required for applications for operating certificates and for tunneling permits.

   (a)   Each application for an operating certificate 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 as to the sound level generated by the device when operated under normal operating conditions or a manufacturer's warranty as to sound level provided that the device is regularly tested in accordance with procedures established by the American national standards institute or other appropriate professional standard-setting organization listed in section 24-242*; and

* Editor's note: this § 24-242 was repealed and the substance transferred to § 24-204(c).

      (3)   The proposed means, if any, for the prevention or control of unreasonable 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, ascertained or discovered by the department shall not be disclosed by any department employee, except that the information may be disclosed by the commissioner if the department is subpoenaed for the information or if in the course of a departmental court proceeding or departmental or board hearing, the information is relevant to the proceeding or hearing.

§ 24-248 Standards for granting operating certificates and tunneling permits.

   (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.

§ 24-249 Testing before granting or renewing of operating certificates; testing before granting of tunneling permits.

   (a)   Before a tunneling permit is granted or before an operating certificate is granted or renewed, the commissioner may require the applicant to conduct such tests as are necessary in the opinion of the commissioner to determine the sound level emitted from a device or an activity or to determine whether the device or its operation or an activity is contributing to, or is in violation of this code. The test shall be made at the expense of the applicant.

   (b)   Such test shall be conducted, reviewed and certified as provided by subdivision (b) of section 24-206 of this code. The applicant shall notify the department of the time and place of a test as provided by subdivision (c) of section 24-206* of this code. Reasonable facilities shall be made available for the department to witness the test. If in the opinion of the commissioner tests by the department are necessary, the facilities for such tests, exclusive of sound level meters, shall be furnished by and at the expense of the owner or lessee or his or her agent as provided by subdivision (d) of section 24-206 of this code.

§ 24-250 Action on applications for certificates or tunneling permits.

   (a)   The commissioner shall act within a reasonable time not to exceed sixty days on an application for a tunneling permit, for an operating certificate, or for a renewal of an operating certificate, and shall notify the applicant in writing of his or her approval or disapproval of the application.

   (b)   If an application is disapproved, the commissioner shall set forth his or her objections in the notice of disapproval or notice of violation.

   (c)   Within sixty days after service on the applicant of the notice of disapproval, exclusive of the day of service, the applicant may request the commissioner to reconsider the application by answering in writing the commissioner's objection to the application.

   (d)   The commissioner shall consider the applicant's answer 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 answer or request an extension of time within sixty days after service of the notice of disapproval or a notice of violation shall be deemed a denial of the application.

   (e)   The commissioner may grant a temporary operating certificate or tunneling permit for a period not to exceed sixty days upon receipt of an application for the granting or renewal of an operating certificate and may, at his or her discretion, renew a temporary operating certificate or tunneling permit for an additional period not to exceed sixty days.

§ 24-251 Conditions of certificates or tunneling permits to be observed.

The holder of a certificate or of a tunneling permit shall comply with the conditions and terms contained in his or her certificate or tunneling permit as well as all applicable provisions of this code.

§ 24-252 Suspension or revocation of certificates or tunneling permits.

   (a)   The commissioner shall suspend or revoke a tunneling permit or certificate when ordered to do so by the board pursuant to subchapter eight of this chapter of this code.

   (b)   Suspension or revocation of a certificate or tunneling permit shall become final five days after service of notice, exclusive of the day of service, on the holder of the certificate or tunneling permit.