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What is NYC AC § 24-149.4?

Quick Answer

This section regulates the operation of commercial char broilers, specifying that new and existing chain-driven models cooking over 875 pounds of meat weekly must have emissions control devices. Operators are required to maintain detailed records of equipment and meat purchases. Applies to operators of commercial char broilers in New York City.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 24-149.4 Commercial char broilers.

AC § 24-149.4

(a)Definitions. As used in this section: "New" means installed on or after the effective date of the local law that added this section. "Existing" means installed before the effective date of the local law that added this section. "Week" means a period of seven consecutive days starting on Sunday, unless a different start day is specified in the registration filed pursuant to section 24-109 of this code.

(b)No person shall operate any new commercial char broiler or any existing chain-driven commercial char broiler to cook more than eight hundred seventy-five pounds of meat, including but not limited to beef, lamb, pork, poultry, fish, or seafood, per week unless such commercial char broiler is equipped with an emissions control device that meets the requirements of the rules of the department.

(c)On or after January 1, 2018, the commissioner may promulgate rules regulating emissions from: existing chain-driven commercial char broilers used to cook eight hundred seventy-five pounds or less of meat per week or existing under-fired commercial char broilers.

(d)On or after January 1, 2020, the commissioner may promulgate rules regulating emissions from new commercial char broilers used to cook eight hundred seventy-five pounds or less of meat per week.

(e)The operator of a commercial char broiler shall maintain records regarding the dates of installation, replacement, cleaning, and maintenance of any emissions control device. Such records shall be made available to the department upon request.

(f)The operator of a commercial char broiler that is not equipped with an emissions control device that meets the requirements of the rules of the department shall maintain records showing the amount of meat purchased per month. There shall be a presumption that all meat purchased in a given month was cooked on a commercial char broiler. The records required pursuant to this subdivision shall be maintained for not less than one year and shall be made available to the department upon request.

(g)Notwithstanding any other provision this section, where a facility uses more than one commercial char broiler to cook meat, the amount of meat cooked per week shall be calculated for the purposes of this section based on the total amount of meat cooked on all commercial char broilers at the same facility. (L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

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