§ 13-02 Definitions.
RCNY § 13-02
Adequately Wetted. "Adequately Wetted" shall mean sufficiently mised or penetrated with liquid to prevent the release of particulate matter. If visible emissions are observed coming from particulate matter, then that material has not been adequately wetted. Board or ECB. "Board or ECB" shall mean the environmental control board of the city of New York. City. "City" shall mean the city of New York. Commissioner. "Commissioner" shall mean the commissioner of environmental protection. Contractor. "Contractor" shall mean a public authority or any other governmental agency or instrumentality thereof, self-employed person, company, unincorporated association, firm, limited liability corporation, partnership or corporation and any owner or operator thereof, which engages in a construction project or employs persons engaged in a construction project. Control apparatus. "Control apparatus" shall mean any device which prevents or controls the emission of any air contaminant. Construction. "Construction" shall mean any or all activity necessary or incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, public or private highways, roads, premises, parks, utility lines including such lines in already-constructed tunnels, or other property, including land clearing, grading, excavating and filling. Construction Material. "Construction Material" shall mean any material, regardless of composition, designed and customarily used in construction including but not limited to any rails, pillars, columns, beams, bricks, flooring, wall, ceiling, or roofing material, gravel, sand, cement or asphalt. Controlled Filled Operations. "Controlled Filled Operations" shall mean the use of a dust control apparatus that utilizes an exhaust ventilation system which bags the dust, thereby preventing dust from becoming airborne. Demolition. "Demolition" shall mean the dismantling or razing of a building, including all operations incidental thereto and any removal of non-structural interior building walls, partitions, finishes, equipment and fittings as would be required for an interior renovation project. Department or DEP. "Department or DEP" shall mean Department of Environmental Protection. Disturbed area. "Disturbed area" shall mean an area that has been significantly disrupted by fugitive dust. Dust. "Dust" shall mean solid particulate matter which has been released into the open air by natural forces or by mechanical processes. Emission. "Emission" shall mean dispersion of an air contaminant into the open air of the city. Open air. "Open air" shall mean all the air that is available for human, animal, or plant respiration, but shall not include the air in equipment and private dwellings. Owner. "Owner" shall mean and includes the owner of a freehold of the premises or lesser estate therein or mortgagee thereof, a lessee or an agent of any of the above persons, a lessee of the equipment or his or her agent, a tenant, operator, or any other person who has regular control of equipment or apparatus. Person. "Person" shall mean an individual or partnership, company, corporation, association, firm, organization, governmental agency, administration or department, or any other group of individuals, or any officer or employee thereof. Re-suspension. "Re-suspension" shall mean dust accumulation that once again becomes airborne. Sandblasting. "Sandblasting" shall mean the use of a high pressure current of air or stream carrying sand, water, or other material for the cleaning or grinding of hard surfaces, including, but not limited to, stone and metal.
