Day 29 – PART 1!
I am posting this early today instead of my usual nightly post because it is unbelievable that the nursing home thinks that they are so above the law that they can still run the generators that this community has been fighting to get removed.
If you read my previous days postings you will know everything that has been going on here, but a quick recap is this;
On Monday of this week I was told by Gerry Kelpin, Director of Noise/Air Policies/Enforcement for the DEP (Department of Environmental Protection) that the nursing home had 48 hours to remove the generators and find an alternate source for their lighting. I was so happy that DEP finally stepped to the plate and took a swing, however… It is now Wednesday (48 hours later) and the nursing home has decided that they are above the law and can run these generators at will. To make matters worse, they removed all plywood and foam so we have the bare metal generators delivering the full noise of the engines back at us again. I just took a quick reading and came up with 80db, this is above the noise limits according to the DEP.
I did place a call to DEP and asked to have the inspectors come up and was told they will be here tonight. I hope they are not coming here just to take readings as I could just fax them mine. I hope they are armed with a cease and desist like they should be. Enough is enough already, the nursing home has had 2 strikes trying to abate the noise and were unsuccessful, they have installed alternative lighting that is sufficient, but they still choose to run these generators.
I can’t believe that there is not one city agency that can put an end to this nightmare on Cannon Place. We have had the NYPD, the NYFD, DOT and DEP, all of them agree that this is absurd to have in a residential neighborhood but none of them are stopping the nursing home. DOT even stated that the generators are blocking the sidewalks and that the nursing home doesn’t have proper permits for them. DEP issued 2 violations on the first night they were here and then nothing after that! Do I need to put an excerpt of the law up here as well? I have sent the excerpt of the law to everyone involved and still nothing! The Commissioner of DEP has the ability to shut these down, no court date, no ECB hearing, nothing! Just CEASE AND DESIST! Emily Lloyd – DO THIS ALREADY!
Here is an excerpt of the noise law that the DEP should be enforcing:
§24-204 General powers of the commissioner. (a) Subject to the provisions of this code, the commissioner may take such action as may be necessary to abate a sound source which causes or may cause, by itself or in combination with any other sound source or sources, an unreasonable or prohibited noise. The commissioner may exercise or delegate any of the functions, powers and duties vested in him or her or in the department by this code.
(d) If after the analysis of such testing, it is determined by the commissioner that such device or devices generate sound levels that exceed the limits of this code, the commissioner may make recommendations for modifications and/or mitigation measures to bring such device or devices into compliance.
(e) The commissioner may issue a separate notice of violation for every 24-hour period of noncompliance with the orders of the commissioner issued pursuant to this section.
§14. Subdivision (f) of section 24-257 of such code is amended to read as follows:
(f) (1) The board may order any person to cease and desist from an activity which it reasonably believes causes unreasonable noise which creates imminent peril to the public health and well being, or to cease and desist from an activity which it reasonably believes constitutes a willful or continued violation of any provision of this code or order or regulation, promulgated by the commissioner or board. Such order shall be effective upon service thereof. Any party affected by such an order may request a hearing on written notice, and he or she shall be afforded a hearing, within twenty-four hours after service of such request, pursuant to section 24-263 of this code. If such an accelerated hearing is not requested, then a hearing shall be afforded within ten days of the issuance of the order. The board shall issue its final decision and order thereon within three days from the conclusion of a hearing held pursuant to this subdivision.
(d) The police department, as well as other agencies of the city designated by the commissioner, shall have the authority to enforce the provisions of this code and police officers and designated employees of the department and of such other city agencies shall have the power to issue summonses, appearance tickets and notices of violation for violations of this code.