reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter D - Mineral Resources (mined Land Reclamation) › Part 421 - Permits › Section 421.3 - Refusal to renew, suspension or revocation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department may refuse to renew a
				  permit, in whole or in part, upon a finding that the permittee is in repeated or
				  willful violation of any of the terms of the permit; title 27; or any rule,
				  regulation, standard or condition promulgated pursuant thereto. When the
				  department denies an application for renewal of a permit, the permit shall expire
				  as scheduled unless a hearing is requested by the permittee prior to said
				  expiration date. In the latter case, the permit will be extended until a date
				  which an order of the department made after such hearing may provide. Such
				  extension shall not be construed as condonation by the department of the
				  permittee's actions prior to or during the extension period.
(b) The department may suspend or revoke a
				  permit, in whole or in part, upon a finding that the permittee is in repeated or
				  willful violation of any of the terms of the permit, or provisions of title 27,
				  or for repeated or willful deviation from the mined land-use plan. Suspension or
				  revocation of a permit shall become effective 15 days after the mailing or
				  service of notice to the permittee unless a hearing requested by the permittee,
				  in which case such action will be effective upon any date which an order of the
				  department made after such hearing may provide.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter D - Mineral Resources (mined Land Reclamation) › Part 422 - Mined Land-use Plan › Section 422.2 - Mining plan, specific provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The mining plan shall indicate: the general
				  geographic location of the mine; an outline of the affected land; the location
				  and description of topographic, cultural and land-use features within and
				  adjacent to the affected land; a description of the existing condition of the
				  ground surface at the mine including areas already mined or disturbed by mining
				  activity; the applicant's proposed method of mining including proposals for
				  minimizing the effect of mining on the environment and on the property, health,
				  safety and general welfare of the people of the State.
(b) The graphic portion of the mining plan
				  shall consist of a map or photograph prepared in accordance with section
				  422.1(c) 
				  of this Part. The information to be presented in graphic form shall include:
(1) an accurate geographic location of the
				  mine;
(2) the location of adjacent
				  topographic, cultural and land-use features including, but not limited to,
				  landforms, drainage, bodies of water, roads and buildings;
(3) an outline of the affected land;
				  and
(4) the location and size of the
				  following elements of mining: areas of mineral extraction or removal (cuts and
				  excavations); areas of mineral preparation and processing (stockpiles, settling
				  ponds and treatment facilities); haulageways; areas of mineral, refuse and spoil
				  storage; repair and shipping areas; drainage and water control features; and
				  screening.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter D - Mineral Resources (mined Land Reclamation) › Part 422 - Mined Land-use Plan › Section 422.4 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The permittee
				  shall file reports, on forms provided by the department, at the times indicated
				  in this section and at other such times as the department may require.
(b) A report shall be required at the time of
				  permit renewal and shall accompany the renewal application. The report shall
				  include the number of acres of affected land and the number of acres reclaimed
				  during the report year.
(c) A report
				  may be required to provide the department with information to be compiled in an
				  annual report relative to the mined land reclamation program. Said report may be
				  requested either during the active operation of the mine, after mining has
				  ceased, or as the land is being reclaimed.
(d) A written termination of mining notice
				  shall be filed within 30 days after such termination of mining.
(e) If the department extends the reclamation
				  period, a report indicating the status of reclamation during such extension,
				  shall be required on a monthly basis unless a longer period is prescribed by the
				  department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter D - Mineral Resources (mined Land Reclamation) › Part 423 - Reclamation Bond › Section 423.1 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As a
				  condition precedent to the issuance of mining permit, each applicant shall
				  furnish a reclamation bond or appropriate substitute, as provided in this Part,
				  which is conditioned upon conformance with the applicant's mined land-use
				  plan.
(b) A person who has filed
				  applications for more than one mine may furnish a blanket bond for the total
				  amount of the financial obligation in lieu of individual bonds for each mine
				  location.
(c) The amount of the bond
				  shall be determined by the department and shall be based upon the total estimated
				  cost to the state for completion of reclamation consistent with the minimum basic
				  reclamation requirements as described in section
				  422.3(b) 
				  of this Title. This cost and the corresponding amount of the bond shall be
				  determined by the department on the basis of an evaluation of the following
				  factors: the type of mine; the number of acres of affected land; the geographic
				  location of the mine; the proposed land-use objective and basic reclamation
				  requirements; the length of the permit period; the proposed method and schedule
				  of reclamation; and other criteria which may be considered relevant to the
				  estimate. The bond shall be maintained for a period of two years after completion
				  of reclamation as provided in section
				  423.3(c) 
				  of this Part.
(d) In lieu of the
				  bond, the applicant may deposit cash or certified check, negotiable bonds of the
				  United States government, United States treasury notes, United States treasury
				  certificates of indebtedness, United States treasury bills, bonds or notes of the
				  State of New York, bonds of any political subdivision in the State of New York,
				  bonds of the New York State Housing Finance Agency or of other New York State
				  agencies or authorities, or bonds of public corporations of the State of New
				  York, an irrevocable bank letter of credit, a certificate of deposit, or other
				  forms of financial security acceptable to the department. Acceptable substitutes,
				  if furnished, shall be kept on deposit with the department for the duration of
				  the bond period.
(e) If, in case of
				  default, the amount of the bond established by the department is not sufficient
				  to cover the cost of reclaiming the affected land, the permittee shall be liable
				  for the full additional costs. These additional funds shall be obtained by
				  agreement with the permittee or, if necessary, by placing a lien on any or all
				  materials, machinery, implements and tools of every description which may be
				  found at the mine, or on other assets of the permittee.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter D - Mineral Resources (mined Land Reclamation) › Part 423 - Reclamation Bond › Section 423.2 - Specific provision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  form and terms of the bond shall be as prescribed by the department. The bond
				  shall name the State as beneficiary and shall be signed by the applicant as
				  principal and by a responsible corporate surety authorized to do business in the
				  State of New York. The terms of the bond shall be such that the applicant as
				  principal shall agree to reclaim the affected land in accordance with the
				  reclamation plan and schedule submitted to and approved by the department. In
				  addition, the principal shall protect the State against all accounts, damages,
				  costs and judgments arising from the performance of said work.
(b) The bonding requirement shall remain the
				  obligation of the original permittee regardless of a change in landowner or
				  operator, unless the latter person has furnished a replacement bond or
				  appropriate substitute and the transfer of the reclamation obligation to the
				  subsequent person has been approved by the department.
(c) If, for any reason, the principal defaults
				  in the performance of reclamation under the terms of the bond, or if the permit
				  is revoked, the department may thereupon call the surety to complete the
				  reclamation as provided for in the bond. The liability of the surety shall not
				  exceed the amount of the bond.
(d) A
				  reclamation bond shall not be cancelled by the surety without at least 30 days
				  notice to the department. If the reclamation bond is, for any reason, cancelled
				  by the surety, the permittee shall provide a valid replacement within 30 days
				  after receiving notice thereof. Failure to provide a replacement bond or
				  acceptable substitute within such period shall be considered a violation of the
				  mining permit and may result in the immediate suspension and subsequent
				  revocation thereof.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter D - Mineral Resources (mined Land Reclamation) › Part 423 - Reclamation Bond › Section 423.3 - Release of bond

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a
				  department determines that the permittee has satisfactorily completed reclamation
				  and has complied with the provisions of the mined land-use plan, the department
				  shall approve the reclamation and shall release the bond except as provided in
				  subdivision (c) of this section. If the department does not approve reclamation,
				  the permittee and the surety will be so notified. Such notification shall be
				  given by certified mail and shall state the reasons for disapproving the
				  reclamation and shall contain suggestions and recommendations for corrective
				  action. Upon satisfactory completion of the corrective action and approval of
				  reclamation, the department shall release the bond as described in this
				  subdivision.
(b) A permittee may
				  request a reduction of the amount of the bond after completion of reclamation on
				  part of the affected land, when reducing the area of affected land or as provided
				  in subdivision (c) of this section. The procedure for obtaining a reduction of
				  the bond amount shall be by application for an alteration or amendment of the
				  permit. The department may reduce the amount of the bond, if satisfied that the
				  permittee has:
(1) complied with the provisions
				  of the mined land-use plan; and
(2)
(i) completed partial reclamation,
(ii) reduced the area of affected land
				  or
(iii) completed reclamation
				  subject to verification of success as provided in subdivision (c) of this
				  section.
The department will inform the permittee and the surety in
					 writing of the amount, if any, by which to reduce the bond.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter D - Mineral Resources (mined Land Reclamation) › Part 423 - Reclamation Bond › Section 423.4 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
Political subdivisions, municipalities or agencies of the
					 State are exempt from the bonding requirements of title 27 and this
					 Subchapter.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter D - Mineral Resources (mined Land Reclamation) › Part 424 - Enforcement › Section 424.1 - Violations

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of title 27 and any rule, regulation or order,
					 promulgated thereunder shall be enforced pursuant to title 13, article 71 of the
					 Environmental Conservation Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter D - Mineral Resources (mined Land Reclamation) › Part 424 - Enforcement › Section 424.2 - Access to mines and mine records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The department, including its employees, agents and representatives shall have
				  the right at all reasonable times during normal business hours on normal business
				  days, and after proper notification to the permittee and proper identification as
				  department employees, agents and/or representatives, to enter and inspect any
				  property or premises covered by a permit for the purpose of ascertaining
				  compliance with title 27, the permit or this Subchapter. The permittee shall
				  provide a person to accompany the department's representative during an
				  inspection of the permit area when notification is provided, be it written or
				  verbal, at least 24 hours prior to such inspection.
(b) The department, including its employees,
				  agents and representatives, shall have access at all reasonable times during
				  normal business hours on normal business days to mine records relative to mining
				  and subsequent reclamation of the affected land for the purpose of ascertaining
				  compliance with title 27, the permit or this Subchapter.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter D - Mineral Resources (mined Land Reclamation) › Part 425 - Civil Penalties › Section 425.1 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				  addition to the refusal to renew, suspension or revocation of a mining permit the
				  department may assess a penalty if it determines that a permittee has not
				  complied with any of the terms of the permit; title 27; or any rule, regulation,
				  standard or condition promulgated pursuant thereto. The department shall notify
				  the permittee of the alleged violation in writing and the permittee shall have
				  the right to request a hearing pursuant to Part 426 of this Title.
(b) Nothing in this Subchapter shall be deemed
				  to abrogate the right of the department to order an immediate suspension of the
				  mining permit or mining and reclamation operations or operations incidental or
				  appurtenant thereto, pursuant to section 71-0301  of the Environmental Conservation
				  Law.
(c) Any person who violates any
				  provision of title 27 or any rule, regulation or order of the department made
				  pursuant thereto shall be subject to a civil penalty of not more than $5,000 and
				  an additional penalty of $1,000 for each day in which the violation
				  continues.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 450 - NOISE FROM HEAVY MOTOR VEHICLES › Section 450.1 - Scope of the rules in parts 450-454

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The rules in Parts 450-454 of this Title prescribe procedures for inspection,
				  surveillance and measurement of motor vehicles and combinations of vehicles to
				  determine whether those motor vehicles and combinations of vehicles conform to
				  the sound level limits of the New York State Vehicle and Traffic Law.
(b) Except as provided in subdivision (c) of
				  this section, the rules in Parts 450-454 of this Title apply at any time or under
				  any condition of highway grade, load, acceleration or deceleration.
(c) The rules in Parts 450-454 of this Title do
				  not apply to:
(1) A motor vehicle that has a
				  maximum gross weight of 10,000 pounds (4,536 kg) or less;
(2) A combination of vehicles that has a
				  maximum gross weight of 10,000 pounds (4,536 kg) or less;
(3) The sound generated by a warning device,
				  such as a horn or siren, installed in a motor vehicle, unless such device is
				  intentionally sounded in order to preclude an otherwise valid noise emission
				  measurement;
(4) An authorized
				  emergency vehicle, such as a fire engine, an ambulance, a police van or a rescue
				  van;
(5) Special purpose equipment
				  used for the maintenance and construction of public highways, including but not
				  limited to a snowplow in operation, a motor grader and a bucket loader.
(6) The sound generated by auxiliary equipment
				  which is normally operated only when the motor vehicle on which it is installed
				  is stopped or is operating at a speed of five miles per hour (eight kph) or less,
				  unless such device is intentionally operated at speeds greater than five mph
				  (eight kph) in order to preclude an otherwise valid noise measurement. Examples
				  of that type of auxiliary equipment include, but are not limited to, cranes,
				  asphalt spreaders, ditch diggers, liquid or slurry pumps, auxiliary air
				  compressors, welders and trash compactors.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 450 - NOISE FROM HEAVY MOTOR VEHICLES › Section 450.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms used in Parts 450-454 of this Title shall
					 have the meanings indicated:
(a)
				  A-weighted sound level shall mean the sound pressure level measured by the use of
				  an instrument with the metering characteristics and A-weighting frequency
				  response prescribed for sound level meters.
(b) Ambulance. Every motor vehicle designed,
				  appropriately equipped and used for the purpose of carrying sick or injured
				  persons.
(c) Authorized emergency
				  vehicle. Every ambulance, police vehicle, fire vehicle and civil defense
				  emergency vehicle.
(d) Civil defense
				  emergency vehicle. Every communications vehicle and rescue vehicle owned by the
				  State, a county, town, city or village, and operated for civil defense purposes
				  and equipped and marked as a civil defense emergency communications or rescue
				  vehicle in compliance with the rules and regulations of the State Civil Defense
				  Commission.
(e) Combination of
				  vehicles shall mean any device consisting of a motor vehicle and one or more
				  trailers drawn by such motor vehicle.
(f) dB(A) means the standard abbreviation for
				  A-weighted sound level in decibels.
(g) Fast meter response means that the fast
				  dynamic response of the sound level meter shall be used. The fast dynamic
				  response shall comply with the meter dynamic characteristics in paragraph 5.3 of
				  the American National Standards Specification for Sound Level Meters, ANSI
				  S1.4-1971. This publication is available from the American National Standards
				  Institute, Inc., 1430 Broadway, New York, 10018.
(h) Fire vehicle. Every vehicle operated for
				  fire service purposes owned and identified as being owned by the State, a public
				  authority, a county, town, city, village or fire district, or a fire corporation
				  subject to the provisions of subdivision (e) of section 1402  of the Not-for-Profit Corporation Law or
				  a fire company as defined in section 100  of the General Municipal Law. Any of the
				  following vehicles shall be fire vehicles:
(1)
				  a vehicle operated by officials of the Division of Fire Safety in the Office for
				  Local Government of the Executive Department,
(2) a vehicle ordinarily operated by a chief or
				  assistant chief of a fire department, or a county or deputy county fire
				  coordinator, or county or assistant county fire marshal, or such vehicle when
				  operated in an official capacity by or under the direction of such person,
				  and
(3) a vehicle specifically
				  designed and equipped for fire fighting purposes which is regularly used for fire
				  fighting purposes by a fire fighting unit on property used for industrial,
				  institutional or commercial purposes and which vehicle is owned by the owner or
				  lessee of such property.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 450 - NOISE FROM HEAVY MOTOR VEHICLES › Section 450.3 - Allowable noise levels

Current through Register Vol. 46, No. 28, July 10, 2024
Motor vehicle noise emissions, when measured according to the
					 rules of Parts 450-454, shall not exceed the values specified in Table 1
					 below:
TABLE 1
MAXIMUM PERMISSIBLE SOUND LEVEL READINGS [DECIBEL (A)] 
					 1, 2
Highway operations
								test
If the distance between the
								microphone
location point and the microphone
Soft site
Hard site
target point is-
35 mi/h
Above
35 mi/h
Above
Soft
Hard
or less
35 mi/h
or less
35 mi/h
site
site
35 ft. (10.7 m) or more but less than 39 ft. (11.9
								m).......................
89
93
91
95
89
91
39 ft. (11.9 m) or more but less than 43 ft. (13.1
								m).......................
88
92
90
94
88
90
43 ft. (13.1 m) or more but less than 48 ft. (11.6
								m).......................
87
91
89
93
87
89
48 ft. (14.6 m) or more but less than 58 ft. (17.1
								m).......................
86
90
88
92
86
88
58 ft. (17.1 m) or more but less than 70 ft. (21.3
								m).......................
85
89
87
91
85
87
70 ft. (21.3 m) or more but less than 83 ft. (25.3
								m).......................
84
88
86
90
84
86
1 The speeds shown refer to measurements taken at sites
					 having speed limits as indicated. These speed limits do not necessarily have to
					 be posted.
2 Table 1 takes into account both the distance correction
					 factors contained in §
										454.2  of this Title and the ground
					 surface correction factors contained in §
										454.3  of this Title and may be used
					 in lieu of applying these correction factors to the measured sound level.
Footnotes
1 The speeds shown refer to measurements taken at sites
					 having speed limits as indicated. These speed limits do not necessarily have to
					 be posted.
2 Table 1 takes into account both the distance correction
					 factors contained in §
										454.2  of this Title and the ground
					 surface correction factors contained in §
										454.3  of this Title and may be used
					 in lieu of applying these correction factors to the measured sound
					 level.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 450 - NOISE FROM HEAVY MOTOR VEHICLES › Section 450.4 - Measurement tolerances

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Measurement tolerances will be allowed to take into account the effects of the
				  following factors:
(1) The consensus standard
				  practice of reporting field sound level measurements to the nearest whole
				  decibel.
(2) Variations resulting
				  from commercial instrument tolerances.
(3) Variations resulting from the topography of
				  the noise measurement site.
(4)
				  Variations resulting from atmospheric conditions such as wind, ambient
				  temperature and atmospheric pressure.
(5) Variations resulting from reflected sound
				  from small objects allowed within the test site.
(6) The interpretation of the effects of the
				  above-cited factors by enforcement personnel.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 450 - NOISE FROM HEAVY MOTOR VEHICLES › Section 450.5 - Acoustical equipment operators

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sound level measurements shall be taken
				  only by personnel trained and experienced in the current techniques and
				  principles of sound measurement and in the selection and operation of sound
				  measuring equipment and instrumentation.
(b) Satisfactory completion within the last two
				  years of a training course for acoustical equipment operators conducted by the
				  Department of Environmental Conservation, or an equivalent training course
				  approved by the department, shall be prima facie proof that enforcement personnel
				  satisfy the requirements of this section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 451 - Instrumentation › Section 451.1 - Scope of the rules in this part

Current through Register Vol. 46, No. 28, July 10, 2024
The rules in this Part specify criteria for sound level
					 measurement systems which are used to make the sound level measurements specified
					 in Part 452 and Part 453 of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 451 - Instrumentation › Section 451.2 - Type of measurement systems which may be used

Current through Register Vol. 46, No. 28, July 10, 2024
The sound level measurement system must meet or exceed the
					 requirements of American National Standards Specification for Sound Level Meters,
					 ANSI S1.4- 1971, approved April 27, 1971, issued by the American National
					 Standards Institute[FN1], throughout the applicable frequency range for
					 either:
(a) A Type 1 sound level
				  meter;
(b) A Type 2 sound level
				  meter; or
(c) A Type S sound level
				  meter which has
(1) A-weighting frequency
				  response;
(2) Fast dynamic
				  characteristics of its indicating instrument; and
(3) A relative response level tolerance
				  consistent with those of either a Type 1 or Type 2 sound level meter, as
				  specified in section
				  3.2 
				  of ANSI S1.4-1971.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 451 - Instrumentation › Section 451.3 - Calibration of measurement systems

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) The
				  sound level measurement system must be calibrated and appropriately adjusted at
				  one or more frequencies in the range from 250 to 1,000 Hz at the beginning of
				  each series of measurements and at intervals of five to 15 minutes thereafter,
				  until it has been determined that the sound level measurement system has not
				  significantly drifted from its calibrated level. Once this fact has been
				  established, calibrations may be made at intervals once every hour. A significant
				  drift shall be considered to have occurred if a 0.3 dB or more excursion is noted
				  from the system's predetermined reference calibration level. In the case of
				  systems using displays with whole decibel increments, the operator may visually
				  judge when the 0.3 dB drift has been met or exceeded.
(2) The sound level measurement system must be
				  checked periodically by its manufacturer, a representative of its manufacturer or
				  a person of equivalent special competence, to verify that its accuracy meets the
				  manufacturer's design criteria.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 451 - Instrumentation › Section 451.4 - Windscreens

Current through Register Vol. 46, No. 28, July 10, 2024
A properly installed windscreen, of the type recommended by
					 the manufacturer of the sound level measurement system, shall be used during the
					 time that noise emission measurements are being taken.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 452 - Measurement Of Noise Emission; Highway Operations › Section 452.1 - Scope of the rules in this part

Current through Register Vol. 46, No. 28, July 10, 2024
The rules in this Part specify conditions and procedures for
					 measurement of the sound level generated by a motor vehicle engaged in a highway
					 operation, for the purpose of ascertaining whether the motor vehicle conforms to
					 the sound level limits set forth in section 386(3)(a) of the New York State
					 Vehicle and Traffic Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 452 - Measurement Of Noise Emission; Highway Operations › Section 452.2 - Site characteristics: highway operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Measurement shall be made at a test site
				  which is adjacent to, and includes a portion of, a traveled lane of a public
				  highway. A microphone target point shall be established on the centerline of the
				  traveled lane of the highway, and a microphone location point shall be
				  established on the ground surface not less than 35 feet (10.7 m) nor more than 83
				  feet (25.3 m) from the microphone target point and on a line that is
				  perpendicular to the centerline of the traveled lane of the highway and that
				  passes through the microphone target point. In the case of a standard test site,
				  the microphone location point is 50 feet (15.2 m) from the microphone target
				  point. Within the test site is a triangular measurement area. A plan view diagram
				  of a standard test site, having an open site within a 50-foot (15.2 m) radius of
				  both the microphone target point and the microphone location point, is shown in
				  Figure 1, below. Measurements may be made at a test site having smaller or
				  greater dimensions in accordance with the rules in Part 454 of this Title.
Image
(b) The test site must be an open site,
				  essentially free of large sound-reflecting objects. However, the following
				  objects may be within the test site, including the triangular measurement area:
(1) Small cylindrical objects such as fire
				  hydrants or telephone or utility poles.
(2) Rural mailboxes.
(3) Traffic railings of any type of
				  construction except solid concrete barriers (see §
											450.2[s] 
				  of this Title.)
(4) One or more curbs
				  having a vertical height of one foot (0.3 m) or less.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 452 - Measurement Of Noise Emission; Highway Operations › Section 452.3 - Ambient conditions; highway operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1)
				  Sound. The ambient A-weighted sound level at the microphone location point shall
				  be measured, in the absence of motor vehicle noise emanating from within the
				  clear zone, with fast meter response using a sound level measurement system that
				  conforms to the rules of section
				  451.2.
(2) The measured ambient level must be 10 dB(A)
				  or more below that level specified in section
				  450.3, Table
				  1, which corresponds to the maximum permissible sound level reading which is
				  applicable at the test site at the time of testing.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 452 - Measurement Of Noise Emission; Highway Operations › Section 452.4 - Location and operation of sound level measurement system; highway operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The microphone of
				  a sound level measurement system that conforms to section
				  451.2 
				  of this Title shall be located at a height of not less than two feet (0.6 m) nor
				  more than six feet (1.8 m) above the plane of the roadway surface and not less
				  than 3 1/2 feet (1.1 m) above the surface on which the microphone stands. The
				  preferred microphone height on flat terrain is four feet (1.2 m).
(b)
(1) When
				  the sound level measurement system is hand-held or is otherwise monitored by a
				  person located near its microphone, the holder must orient himself relative to
				  the highway in a manner consistent with the recommendation of the manufacturer of
				  the sound level measurement system.
(2) In no case shall the holder or observer be
				  closer than two feet (0.6 m) from the system's microphone, nor shall he locate
				  himself between the microphone and the vehicle being measured.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 452 - Measurement Of Noise Emission; Highway Operations › Section 452.5 - Measurement procedure; highway operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In accordance with the rules in this Part,
				  a measurement shall be made of the sound level generated by a motor vehicle
				  operating through the measurement area on the traveled lane of the highway within
				  the test site, regardless of the highway grade, load, acceleration or
				  deceleration.
(b) The sound level
				  generated by the motor vehicle is the highest reading observed on the sound level
				  measurement system as the vehicle passes through the measurement area, corrected,
				  when appropriate, in accordance with the rules in Part 454 of this Title. (Table
				  1 in §
										450.3  lists
				  the range of maximum permissible sound level readings for various test
				  conditions.) The sound level of the vehicle being measured must be observed to
				  rise at least six dB(A) before the maximum sound level occurs, and to fall at
				  least six dB(A) after the maximum sound level occurs, in order to be considered a
				  valid sound level reading.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 453 - Measurement Of Noise Emission; Stationary Test › Section 453.1 - Scope of the rules in this part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  rules in this Part specify conditions and procedures for measuring the sound
				  level generated by a vehicle when the vehicle's engine is rapidly accelerated
				  from idle to governed speed at wide-open throttle with the vehicle stationary,
				  its transmission in neutral and its clutch engaged, for the purpose of
				  ascertaining whether the motor vehicle conforms to the sound level limit set
				  forth in section 386(3)(b) of the New York State Vehicle and Traffic
				  Law.
(b) The rules in this Part apply
				  only to a motor vehicle that is equipped with an engine speed governor.
(c) Tests conducted in accordance with the
				  rules of this Part may be made on either side of the vehicle.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 453 - Measurement Of Noise Emission; Stationary Test › Section 453.2 - Site characteristics; stationary test

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) The
				  motor vehicle to be tested shall be parked on the test site. A microphone target
				  point shall be established on the ground surface of the site, on the centerline
				  of the lane in which the motor vehicle is parked, at a point that is within three
				  feet (0.9 m) of the longitudinal position of the vehicle's exhaust system
				  outlet(s). A microphone location point shall be established on the ground surface
				  not less than 35 feet (10.7 m) and not more than 83 feet (25.3 m) from the
				  microphone target point. Within the test site is a triangular measurement area. A
				  plan view diagram of a standard test site, having an open site within a 50-foot
				  (15.2 m) radius of both the microphone target point and the microphone location
				  point, is shown in Figure 2 below.
(2) Measurements may be made at a test site
				  having smaller or greater dimensions in accordance with the rules in Part 454 of
				  this Title.
Image
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 453 - Measurement Of Noise Emission; Stationary Test › Section 453.3 - Ambient conditions; stationary test

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1)
				  Sound. The ambient A-weighted sound level at the microphone location point shall
				  be measured, in the absence of motor vehicle noise emanating from within the
				  clear zone, with fast meter response using a sound level measurement system that
				  conforms to section
				  451.2 
				  of this Title.
(2) The measured
				  ambient level must be 10 dB(A) or more below that level specified in section
				  450.3  of
				  this Title, Table 1, which corresponds to the maximum permissible sound level
				  reading which is applicable at the test site at the time of testing.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 453 - Measurement Of Noise Emission; Stationary Test › Section 453.4 - Location and operation of sound level measurement system; stationary test

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The microphone of
				  a sound level measurement system that conforms to section
				  451.2 
				  of this Title shall be located at a height of not less than two feet (0.6 m) nor
				  more than six feet (1.8 m) above the plane of the roadway surface and not less
				  than 3 1/2 feet (1.1 m) above the surface on which the microphone stands. The
				  preferred microphone height on flat terrain is four feet (1.2 m).
(b) When the sound level measurement system is
				  hand-held or otherwise monitored by a person located near its microphone, the
				  holder must orient himself relative to the highway in a manner consistent with
				  the recommendation of the manufacturer of the sound level measurement system. In
				  no case shall the holder or observer be closer than two feet (0.6 m) from the
				  system's microphone, nor shall he locate himself between the microphone and the
				  vehicle being measured.
(c) The
				  microphone of the sound level measurement system shall be oriented toward the
				  vehicle at an angle that is consistent with the recommendation of the system's
				  manufacturer. If the manufacturer of the system does not recommend an angle of
				  orientation for its microphone, the microphone shall be oriented at an angle of
				  not less than 70 degrees and not more than perpendicular to the horizontal plane
				  of the test site at the microphone target point.
(d) The sound level measurement system shall be
				  set to the A-weighting network and "fast" meter response mode.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 453 - Measurement Of Noise Emission; Stationary Test › Section 453.5 - Measurement procedure; stationary test

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with the rules in this Part, a measurement
					 shall be made of the sound level generated by a stationary motor vehicle as
					 follows:
(a) Park the motor vehicle on
				  the test site as specified in section
				  453.2 
				  of this Part. If the motor vehicle is a combination of vehicles, park the
				  combination so that the longitudinal centerlines of the towing vehicle and the
				  towed vehicle or vehicles are in substantial alignment.
(b) Turn off all auxiliary equipment which is
				  installed on the motor vehicle and which is designed to operate under normal
				  conditions only when the vehicle is operating at a speed of five mph (eight kph)
				  or less. Examples of such equipment include cranes, asphalt spreaders, liquid or
				  slurry pumps, auxiliary air compressors, welders and trash compactors.
(c) If the motor vehicle's engine radiator fan
				  drive is equipped with a clutch or similar device that automatically either
				  reduces the rotational speed of the fan or completely disengages the fan from its
				  power source in response to reduced engine cooling loads, park the vehicle before
				  testing, with its engine running at high idle or any other speed the operator may
				  choose, for sufficient time, but not more than 10 minutes, to permit the engine
				  radiator fan to automatically disengage when the vehicle's noise emissions are
				  measured under stationary test.
(d)
				  With the motor vehicle's transmission in neutral and its clutch engaged, rapidly
				  accelerate the vehicle's engine from idle to its maximum governed speed with
				  wide-open throttle. Return the engine's speed to idle.
(e) Observe the maximum reading on the sound
				  level measurement system during the time the procedures specified in subdivision
				  (d) of this section are followed. Record that reading, if the reading has not
				  been influenced by extraneous noise sources such as motor vehicles operating on
				  adjacent roadways.
(f) Repeat the
				  procedures specified in subdivisions (d) and (e) of this section until the first
				  two maximum sound level readings that are within two dB(A) of each other are
				  recorded. Numerically average those two maximum sound level readings. When
				  appropriate, correct the average figure in accordance with Part 454 of this
				  Title.
(g) The average figure,
				  corrected as appropriate, contained in accordance with subdivision (f) of this
				  section, is the sound level generated by the motor vehicle for the purpose of
				  determining whether it conforms to the sound level limit set forth in section
				  38(3)(b) of the New York State Vehicle and Traffic Law. (Table 1 in section
				  450.3  lists
				  the range of maximum permissible sound level readings for various test
				  conditions.)
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 454 - Correction Factors › Section 454.1 - Scope of the rules in this part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  rules in this Part specify correction factors which are added to, or subtracted
				  from, the reading of the sound level generated by a motor vehicle, as displayed
				  on a sound level measurement system, during the measurement of the motor
				  vehicle's sound level emissions at a test site which is not a standard
				  site.
(b) The purpose of adding or
				  subtracting a correction factor is to equate the sound level reading actually
				  generated by the motor vehicle to the sound level reading it would have generated
				  if the measurement had been made at a standard test site.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 454 - Correction Factors › Section 454.2 - Microphone distance correction factors

Current through Register Vol. 46, No. 28, July 10, 2024
If the distance between the microphone location point and the
					 microphone target point is other than 50 feet (15.2 m), the maximum observed
					 sound level reading generated by the motor vehicle in accordance with section
					 452.5 
					 of this Title or the numerical average of the recorded maximum observed sound
					 level readings generated by the motor vehicle in accordance with section
					 453.5 
					 of this Title, shall be corrected as specified in the following table:
TABLE 2
DISTANCE CORRECTION FACTORS
If the distance between the microphone
								location point
The value dB(A) to
and the microphone target point
								is:
be applied to the
observed sound
level reading is-
35 feet (10.7 m) or more but less than 39 feet (11.9
								m)
-3
39 feet (11.9 m) or more but less than 43 feet (13.1
								m)
-2
43 feet (13.1 m) or more but less than 48 feet (14.6
								m)
-1
48 feet (14.6 m) or more but less than 58 feet (17.7
								m)
0
58 feet (17.7 m) or more but less than 70 feet (21.3
								m)
+1
70 feet (21.3 m) or more but less than 83 feet (26.3
								m)
+2
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 454 - Correction Factors › Section 454.3 - Ground surface correction factors

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Highway operations. When measurements are made in accordance with Part 452 of
				  this Title upon a test site which is "hard", a correction factor of two dB(A)
				  shall be subtracted from the maximum observed sound level reading generated by
				  the motor vehicle to determine whether the motor vehicle conforms to the sound
				  level limits set forth in section 386(3)(a) of the New York State Vehicle and
				  Traffic Law.
(b) Stationary test.
				  When measurements are made in accordance with Part 453 of this Title upon a test
				  site which is "soft", a correction factor of two dB(A) shall be added to the
				  numerical average of the recorded maximum observed sound level readings generated
				  by the motor vehicle to determine whether the motor vehicle conforms to the sound
				  level limits set forth in section 386(3)(b) of the New York State Vehicle and
				  Traffic Law.
[FN2] Table 1 in §
											450.3  of
					 this Title is a tabulation of the maximum allowable sound level readings, taking
					 into account both the distance correction factors contained in §
											454.2 
					 of this Title and the ground surface correction factors contained in §
											454.3 
					 of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 454 - Correction Factors › Section 454.4 - Computation of open-site requirements-nonstandard sites

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the distance between the microphone
				  location point and the microphone target point is other than 50 feet (15.2 m),
				  the test site must be an open site within a radius from both points which is
				  equal to the distance between the microphone location point and the microphone
				  target point.
(b) Plan view diagrams
				  of nonstandard test sites are shown in Figures 3 and 4. Figure 3 illustrates a
				  test site which is larger than a standard test site and is based upon a 60-foot
				  (18.3 m) distance between the microphone location point and the microphone target
				  point. (See section
				  454.5[b][1] 
				  of this Part for an example of
Image
the application of the correction factor to a sound level
					 reading obtained at such a site.) Figure 4 illustrates a test site which is
					 smaller than a standard test site and is based upon a 35-foot (10.7 m) distance
					 between the microphone location point and the microphone target point. (See
					 section
					 454.5[b][2] 
					 of this Part for an example of the application of the correction factor to a
					 sound level reading obtained at such a site.)