Section 24-128. Standards for granting or renewing operating certificates

(a) No operating certificate shall be granted for the use  or  operation
  of equipment or apparatus for which an installation or alteration permit
  is  required  unless  the  applicant  shows  to  the satisfaction of the
  commissioner that the equipment or apparatus satisfies the standards  of
  section  24-125  of  this code and is installed or altered in accordance
  with the requirements and conditions contained  in  the  permit,  or  if
  installed  or  altered  in a manner which deviates from the permit, that
  the deviation from the permit does not adversely affect the emission  of
  air contaminant.
    (b) No operating certificate shall be granted for the use or operation
  of existing equipment for which a certificate is required by subdivision
  (b)  of  section  24-122  of  this  code  unless  the applicant files an
  application and plans as required by section 24-124  of  this  code  for
  installation  and  alteration  permits, and shows to the satisfaction of
  the commissioner that:
    (1) The equipment satisfied the standards required by  section  24-125
  of  this  code  for  the granting of a permit for similar new or altered
  equipment, with the exception of the requirements relating to stacks and
  ducts in paragraph four of subdivision (a) of  section  24-125  of  this
  code; and
    (2) Refuse burning equipment includes the installation and use of:
    (i) An auxiliary gas burner regulated by automatic firing clocks; and
    (ii) An overfire air fan and nozzle system; and
    (iii)  Control  apparatus such as a scrubber and/or additional control
  apparatus or such equivalent as may be determined by the commissioner.
    (iv) Subparagraphs (i) and (ii) shall  not  apply  to  refuse  burning
  equipment operated by the department of sanitation.
    (3)  Fuel  burning  equipment  using  residual  fuel  oil includes the
  installation and use of:
    (i) A combustion controller; and
    (ii) An automatic oil temperature maintenance device; and
    (iii) An automatic water temperature device or its equivalent; and
    (iv) Such additional control apparatus as may  be  determined  by  the
  commissioner.
    (4)  Fuel burning equipment using solid fuel includes the installation
  and use of:
    (i) A combustion controller; and
    (ii)  An  automatic  water  temperature  maintenance  device  or   its
  equivalent; and
    (iii)  Such  additional  control apparatus as may be determined by the
  commissioner.
    (c) No operating certificate shall be renewed for the use or operation
  of equipment or apparatus unless the applicant shows to the satisfaction
  of the commissioner that the equipment  or  apparatus  covered  by  such
  certificate  continues  to satisfy the standards established in the code
  or by rules or regulations thereunder in  effect  on  the  date  of  the
  issuance of the original operating certificate.
    (d)  An  application  for  an  operating certificate or any renewal or
  reinstatement thereof may be denied by the  commissioner  if  any  board
  penalty against the owner of equipment or apparatus which is the subject
  of the application has not been complied with or satisfied.
    (e)  If  an  owner  fails  to  make  application to renew an operating
  certificate within one hundred eighty days from the date of  mailing  of
  notice by the commissioner that such application is required, such owner
  shall  be  required  to  file a new application for a permit pursuant to
  section 24-125.