As used in this Chapter, the following terms shall have the following meanings:
a. "Board" shall mean the New York City Environmental Control Board.
b. "Code" shall mean the New York City Administrative Code.
c. "Commissioner" shall mean the Commissioner of the Department of Environmental Protection.
d. "Department" shall mean the New York City Department of Environmental Protection.
e. "Noise Consultant" shall mean any person on the "Approved Noise Consultants" list maintained by DEP whose appearance on such list was obtained in accordance with 15 RCNY § 29-101.
a. DEP shall maintain an "Approved Noise Consultants" list in order to effectively carry out the requirements of § 24-231 and § 24-206 (as amended by Local Law No. 113 of 2005) of the Code and this chapter. The following persons are eligible to appear on such list, provided that they submit in detail their experience, qualifications, and references to DEP and request that their names be included on such list:
(1) A licensed New York State professional engineer possessing at least two years of experience measuring sound levels utilizing the ANSI standards. At least one year of such experience shall have been performed within the City of New York, and such experience shall include developing or proposing sound mitigation measures for buildings and noise-producing equipment.
(2) A person possessing a Bachelor of Science degree or a Bachelor of Engineering degree from an accredited college or university with at least four years of experience measuring sound levels utilizing the ANSI standards. Two of such four years of experience shall have been performed within the City of New York, and such experience shall include developing or proposing sound mitigation measures for buildings and noise-producing equipment.
(3) A person possessing ten years of experience measuring sound levels utilizing the ANSI standards. Five years of such experience shall have been performed within the City of New York, and such experience shall include developing or proposing sound mitigation measures for buildings and noise-producing equipment.
b. A person may be removed from the "Approved Noise Consultants" list for cause. If it is determined that a Noise Consultant provided false, misleading or materially incorrect information to DEP in the course of providing reports as specified in this chapter, or providing test results under § 24-206 of the Code, as amended by Local Law No. 113 of 2005, such person shall be removed from such list after a hearing before an administrative law judge. The burden of proof in such hearing shall be on DEP to establish a cause for removal from the list based on a preponderance of the evidence.
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