Loading...
Any person who is in violation of or fails to comply with any provision, standard or requirement of these Rules or the terms and conditions of any permit issued pursuant to these Rules shall be subject to the issuance of notice(s) of violation and other civil or criminal enforcement action(s) pursuant to the provisions of Title 24, Chapter 1, Subchapter 9 of the Administrative Code of the city of New York, including but not limited to payment of civil penalties and compliance with orders of the Commissioner and/or ECB.
(a) Provision shall be made at every construction site to control the amount of airborne dust released off site from construction operations, by wetting the construction material as necessary with appropriate spraying agents, provided wetting will not damage utility infrastructure or create any safety hazards. Other means or dust-control apparatus may also be used provided they are acceptable to the Commissioner. Fire hydrants shall not be opened to accomplish this purpose unless a fire hydrant use permit is in effect.
(b) Trucks and other vehicles used to transport particulate matter shall be covered and any particulate matter kept on site shall be sufficiently wetted or stored to prevent particulate matter from becoming airborne.
(c) The wet method of dust control shall include an adequate and continuous supply of water delivered to the construction site under proper pressure and distributed by a hose system and terminating in suitable water sprays or jets at the several points of application, or shall provide the same facilities by means of a self-contained recirculating system. For excavation jobs, a fine mist is deemed to be an adequate supply of water. The application of water shall be done in such a way so as not to create a slipping hazard. Controlled filled operations shall be exempt from this section. When the fill pile is to remain on site and undisturbed overnight or longer, the pile shall be covered with a tarp.
(d) Portable hand water sprinklers or hose sprinklers are acceptable means of wetting for dust control. The water sprays or jets shall be designed to break the water stream into small droplets or otherwise to provide effective wetting.
(e) Suitable drainage means shall be provided for the removal of water and sludge which drains from the operation. When no such drainage is available, the use of access roads and other acceptable methods shall be used.
(a) Prior to the commencement of demolition activities, all exterior surfaces of a building up to six stories in height shall be wetted and shall be maintained adequately wet thereafter while operations continue.
(b) All construction material shall be sufficiently wetted to prevent dust from becoming airborne before loading into trucks, vehicles or other containers. During transport, such material shall be enclosed or covered to prevent dust dispersion.
(c) Wetting shall be used to control dust where drilling, grinding, or other similar construction activities occur.
(d) Sprinklers or other effective means shall be provided to control dust produced at dumps, conveyors, chutes, and other transfer points.
(e) Wherever water sprinklers are used to control dust at transfer points, they shall be capable of being operated by the person(s) responsible for conducting the loading.
(f) Soil or debris piles shall be moistened if dust is being emitted from the piles due to prevailing winds and not from a momentary gust. Adequately secured tarps, plastic or other material may be required by the Commissioner to further reduce dust emissions.
(a) Where the demolition or renovation of any building or other structure is being performed by hand, debris, bricks, and other material shall be removed by means of chutes, by means of buckets or hoists, or through openings in the floors of the building or other structure in compliance with these Rules and the Administrative Code of the city of New York.
(b) Where windows and other exterior wall openings in buildings or other structures being renovated are more than 25 feet in height above the ground or grade level and are within 20 feet of any floor opening used for removal of debris from floors above, such windows and other openings shall be solidly boarded up during renovation operations to prevent the emission of dust into the atmosphere so long as applicable OSHA standards are followed.
(c) During sandblasting or other similar operations, installation and use of hoods, fans and dust collectors to enclose and vent the handling of dusty materials or the use of water sprays or other measures and control apparatuses acceptable to the Commissioner to suppress the dust emission or adequate containment methods shall be employed.
(d) Open-bodied trucks transporting dust producing construction materials likely to become airborne shall be covered at all times when in motion.
(e) Removal of earth or other material from paved roads, driveways and parking lots on which earth or other material has been deposited by trucking, earth moving equipment or erosion is required daily. There shall be no re-suspension of roadway dust during the removal process.
(f) Dry street sweepers, including broom sweeping, may be used if designed to prevent the re-suspension of street/sidewalk particulate matter.
(g) The use of blower devices for the removal of deposited mud or dirt is prohibited.
(h) Vehicles entering or exiting construction areas shall travel at slow speeds to minimize dust emissions.
(i) Disturbed areas shall be stabilized for the duration of the construction activity or until construction work resumes on the inactive disturbed area. All disturbed areas of a construction site, including storage piles of fill dirt and other bulk materials, which are not being actively utilized for construction purposes for a period of seven calendar days or more, shall be stabilized using one or more of the following soil stabilization methods:
(1) Water, as a dust suppressant;
(2) Chemical dust stabilizer or suppressant;
(3) Planting of trees or vegetative ground cover. Where soil moisture or natural crushing is sufficient to limit visible dust emissions, no action is required.
(a) A DEP demolition registration shall be filed with the Department 10 days prior to the commencement of demolition. Such registration shall include the following information: name of owner or demolition contractor, address of owner or demolition contractor, description of the building, structure, facility or installation, scheduled starting and completion dates of demolition, method of demolition to be employed, and procedure to be employed to meet the requirements of these Rules.
(b) Adequate wetting shall be employed before and during the demolition of any section or wall of the structure.
(c) Debris shall be transported through dust-tight chutes or in buckets and shall not be dropped or thrown from any floor. Any debris in chutes or buckets shall be sufficiently wetted to preclude dust dispersion at the point of discharge.
(d) Dust and debris from the demolition operations shall be removed daily from the adjacent streets, sidewalks and alleys.
(e) Any contractor or person who intends to demolish a building, structure, facility or installation to which the provisions of this section apply is exempt from the requirements of this section if such building, structure, facility or installation has been declared by a state or local governmental authority to be structurally unsound and in danger of imminent collapse.
(a) No dry sandblasting shall be permitted except where wet sandblasting cannot be done due to unique circumstances.
(b) Whenever sandblasting is done, contaminant methods such as blast-cleaning machines and cabinets shall be used.
(c) Whenever sandblasting is done, curtains shall be used as temporary dust-containment structures.
(d) A minimum of three days notice shall be given by the contractor to owners, tenants and occupants of all structures within one hundred fifty feet of the site on which sandblasting is to be done.
All persons constructing or operating a large article, machine, device, equipment, such as a rock crusher, or other contrivance or facility capable of causing or permitting emission of dust into the atmosphere at a construction site shall keep on site a document detailing such equipment. Information provided on this document shall include the ownership, location, design, make and model, operation, i.e. how does it operate, as well as any other pertinent information requested by the Department. In addition, the measures utilized to reduce dust emissions resulting from the use of these items as set forth in 15 RCNY §§ 13-01 et seq. shall be clearly outlined. This document shall be attached as an addendum sheet to the Noise Mitigation Plan prepared pursuant to § 24-220 of the Noise Code.