2006 New York Code - Standards For Granting Operating Certificates And Tunneling Permits.

 
    §  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.