§ 10-405.  Additional Powers and Duties of The Department of Public Health. 88
   The powers and duties to be exercised by Department of Public Health shall include the following:
   (1)   The Department shall investigate complaints about noise or excessive vibration, make observations and maintain surveillance of the discharge or escape of noise or excessive vibration. The names and addresses of complainants shall be kept confidential by the Department.
   (2)   The Department may inspect from time to time any installation, premises, equipment, devices and appurtenances thereto that may, can or do cause noise or excessive vibration, and the Department may take measurements and make analyses of such noise or excessive vibration. Where directed, the owner shall provide assistance in obtaining normal operating conditions during periods of measurement.
   (3)   The Department shall prescribe standard methods and procedures for the measurement and the analysis of sound and vibration, as may be required or necessary to evaluate performance and compliance with this Chapter and Regulations adopted hereunder.
   (4)   The Department may require from the owner of any source of sound and/or vibration which may be or is in excess of that permitted by this Chapter or the Regulations adopted hereunder, such information, plans, specifications, analyses, performance data and tests or examinations as will disclose the nature, effects, extent, quantity or degree of sound or vibration which are or may be discharged from such source.
   (5)   The Department may order the owner, lessee or his agent, of any applicable facility, to conduct at his expense such tests as are necessary in the opinion of the Department to determine whether such facility is in compliance with this Chapter and the Regulations adopted hereunder. Test results shall be submitted to the Department within 10 days after the tests are completed. Such tests shall be conducted by professionally competent personnel and in a manner approved by the Department and subject to witness by the Department.
   (6)   The Department may require the submission of information on the sources of sound or vibration which may be or is in excess of that permitted by this Chapter or the Regulations adopted hereunder, including the nature, characteristics, intensity and frequency, the period of operation, the effects and the location of such sources.
   (7)   The Department may classify sources and identify those which tend to create noise or excessive vibration problems. At such designated sources, it may order the installation and operation of testing or measuring equipment or other measures to detect noise or excessive vibration, on a continuous or periodic basis, to determine the intensity and frequency, and to record this information on time charts subject to inspection by the Department. It may require that the installations be equipped to activate alarms, control equipment, and process regulators.
   (8)   The Department may require the designation of a person, or persons, to be responsible for noise or excessive vibration control operations and the submission of reports and information.
   (9)   The Department may approve improvement plans and schedules for compliance for the renovation of existing equipment, the installation of new systems of noise or excessive vibration control, or a change in basic processes. The Department may establish special operational requirements necessary to minimize noise or excessive vibration during this period as a condition of approval. Violations of these conditions shall be considered a violation of this Chapter. The existence of such an approved improvement plan will have no bearing on any violations due to conditions not covered by the plan.
   (10)   The Department shall conduct or contract for the in-service training of its personnel in the observation and measurement of sound and vibration.
   (11)   The Health Commissioner, or his designee, shall administratively hear objections to orders of the Department where error is alleged. Consideration of such objections shall be limited to adequacy of notice, matters of fact, existence of violation, and reasonableness of the time specified for compliance. The Health Commissioner may sustain, modify or revoke any order where error is found to exist.
   (12)   The Health Commissioner, or his designee, may appoint such technical advisory committees as he deems necessary.



   Amended, Bill No. 030682 (approved December 31, 2003). Amended and former subsections (1) and (2) deleted and remaining subsections renumbered, Bill No. 050749 (approved January 24, 2006).