a. A utility company conducting construction activity shall self-certify in its Construction Noise Mitigation Plan that all construction tools and equipment have been maintained so that they operate at normal manufacturer's operating specifications, including at peak loading. Such self-certification shall be indicated on the Construction Noise Mitigation Plan form required by 15 RCNY § 28-100. Upon a DEP inspection of the work site, DEP shall use the noise level guidelines in the Federal Highway Administration Roadway Construction Noise Model User's Guide, Jan. 2006, page 3, located in the Appendix to this chapter, as a means of identifying equipment that may be the cause of a noise complaint. If an individual piece of equipment is identified by DEP as exceeding the level specified in such Guide located in the Appendix to this chapter, upon notification by DEP, the responsible party shall have the option of: (i) performing maintenance to demonstrate a good faith effort, notwithstanding the model year of the equipment, to mitigate the noise by a measurable level acceptable to the Department, (ii) replacing the equipment with equipment that complies with said level, or (iii) filing an Alternative Noise Mitigation Plan pursuant to 15 RCNY § 28-104, within five business days of said inspection. If the responsible party elects to perform maintenance pursuant to option (i), but cannot demonstrate within five business days a reduction in noise by a measurable level acceptable to the Department, such party shall pursue one of the other two options to the satisfaction of the Department. The failure to exercise and complete one of such three options within five business days of said inspection shall be a violation of this rule.
b. All tools and equipment being operated on site must be equipped with the appropriate manufacturer's noise reduction device. These devices, including but not limited to portable compressors and other such pneumatic tools, such as jackhammers/pavement breakers, shall be equipped with a standard muffler and jacket, free from air or exhaust leaks.
c. Specialized vehicles, including but not limited to compressor trucks, vacuum excavators, pavement-coring, power-roding, flush trucks, and other vehicles with internal combustion motors, shall require additional noise mitigation measures as specified by DEP, such as the use of noise-insulating material that does not interfere with the engine operation and/or other techniques to reduce noise.
d. Portable compressors, generators, pumps and other such devices shall be covered with noise-insulating fabric, which is not to interfere with engine operations, and/or shall employ other techniques to reduce noise.
e. The time of day that work is in progress shall also determine the technology that provides the appropriate noise mitigation. All work that occurs after the hours of 7:00 a.m. to 6:00 p.m. on weekdays shall require an after hours work authorization in accordance with § 24-223 of the Administrative Code. From the hours of 6:00 p.m. to 10:00 p.m. on weekdays, the utility shall use daytime noise mitigation controls. However, work between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and between 7:00 p.m. and 7:00 a.m. on weekends may be required by DEP to employ additional techniques, including noise blankets and barriers to reduce the level of noise for receptors within 200 feet.
f. Quieter jackhammers, compressors, and other such construction devices shall be used when available and/or may be required by DEP. A program shall be initiated between DEP and the utilities to perform additional noise-testing of construction devices and to make recommendations to DEP for future rules and use of devices.
g. All unnecessary vehicle engine-idling on site shall be prevented in accordance with § 24-163 of the Administrative Code.
h. All steel traffic plates are to be properly installed and secured to the roadway surface in compliance with 34 RCNY § 2-11(10)(e). Within 24 hours after a call to the utility from DEP, plates shall be re-set and secured properly.
i. Notification shall be given to residents within 200 feet of the construction when work is scheduled for longer than 3 days. Such notification shall include information on construction work schedules and locations.
j. The permit-holder shall respond to all noise complaints and/or official notice from DEP the same day as received or the next day if received after regular utility work hours or as may be required by DEP.
k. All new vehicles will be phased in with the installation of quieter backup warning devices in accordance with paragraph 4 of subdivision d of 15 RCNY § 28-102.
l. A formal noise mitigation training program shall be established and implemented for all field-worker supervisory personnel including subcontractor supervisors. Supervisory personnel shall field-train all field workers in an effort to minimize construction noise.
m. When work is planned near sensitive receptors, including but not limited to schools, hospitals, places of worship, homes for the aging, etc., the permit-holder shall cooperate with the facility owner/operator to coordinate the work whenever possible so as to minimize the impact on the facility and the utility shall use quieter devices and other noise mitigation methods, such as blankets and barriers.
n. A DEP Inspector may visit the site to examine the Utility Noise Mitigation Plan upon receiving a complaint and may require further action to reduce the level of noise. The responsible party will be provided a 24-hour cure period to correct the condition or to file an Alternative Noise Mitigation Plan under 15 RCNY § 28-104. If the condition is not corrected after 24 hours or if an Alternative Noise Mitigation Plan is not filed with DEP, a Notice of Violation shall be issued. However, there shall be no 24-hour cure period with respect to compliance with 15 RCNY §§ 28-100, 28-101(a), (b), (f), or (h), 28-104, 28-105, and 28-106(a), (b), (d), (g), or (i).
o. Perimeter noise barriers shall be used as set forth in 15 RCNY § 28-101(g). All gaps and spaces in the semi-permanent or temporary barriers shall be filled with noise attenuation material, and such barriers shall be placed as close as possible to the noise source to promote greater noise attenuation.
p. [Repealed.]
(Amended City Record 9/18/2018, eff. 10/18/2018)