Section 24-163.8. Use of ultra low sulfur diesel fuel in diesel-powered generators used in the production of films, television programs and advertisements, and at street fairs  


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  • a. Definitions. When used in this  chapter:
        (1) "Alternative fuel" means a fuel, other than gasoline  or  standard
      diesel  fuel,  which  may  be  used  to power a generator subject to the
      provisions of this section so long as the respective quantities of  each
      pollutant emitted by such generator when operated using such fuel do not
      exceed  the  respective  quantities  of each pollutant emitted when such
      generator is operated using ultra low sulfur diesel fuel.
        (2) "City agency"  means  a  city,  county,  borough,  administration,
      department,  division,  bureau,  board  or commission, or a corporation,
      institution or agency of government, the expenses of which are  paid  in
      whole or in part from the city treasury.
        (3) "Generator" means a machine or device that combusts fossil fuel to
      create electricity.
        (4)  "Person"  means  any  natural person, partnership, firm, company,
      association, joint stock association, corporation or other legal entity.
        (5) "Ultra low sulfur diesel fuel" means diesel fuel that has a sulfur
      content of no more than fifteen parts per million.
        b. (1) Any diesel-powered generator that is used to provide electrical
      power for equipment used in  the  production  of  any  film,  television
      program or advertisement, or for a street fair, where such production or
      street  fair  requires  a permit from a city agency, shall be powered by
      ultra low sulfur diesel fuel.
        (2) The mayor's office of film, theatre, and broadcasting shall  issue
      to  all film, television and advertising production companies that apply
      for a filming permit a  notice  that  recites  the  provisions  of  this
      section and states that any diesel-powered generator that is utilized in
      a  film,  television or advertising production must use ultra low sulfur
      diesel fuel or an alternative fuel.
        (3) The street activity permit office shall issue  to  all  applicants
      for a street activity permit for a street fair a notice that recites the
      provisions  of this section and states that any diesel-powered generator
      that is utilized for a street fair must use ultra low sulfur diesel fuel
      or an alternative fuel.
        c. Any person who violates any provision of this section or  has  been
      found  to  have  made a false claim to a city agency with respect to the
      provisions of this section shall be liable for a civil  penalty  in  the
      amount of five hundred dollars for each false claim to a city agency and
      five  hundred  dollars  for  each  day  in  which  they are otherwise in
      violation of such provision.