(a) New Sources Located on Previously Used Sites: No person owning or controlling a new industrial or commercial noise source located on a previously used industrial or commercial site shall cause or permit the operation of that noise source if the statistical noise levels generated by the new source and measured at an appropriate measurement point, specified in Section 10.752(6)(b), exceed the levels specified in Table 752-2, except as otherwise provided herein.

(b) New Sources Located on Previously Unused Site.

(a) Blasting: 98 dBC, slow response, between the hours of 7 am and 10 pm and 93dBC, slow response, between the hours of 10 pm and 7 am.

(b) All Other Impulse Sounds: 100 dB, peak response, between the hours of 7 am and 10 pm and 80 dB, peak response, between the hours of 10 pm and 7 am.

(a) Octave Bands: No person owning or controlling an industrial or commercial noise source shall cause or permit the operation of that noise source if such operation generates a median octave band sound pressure level which, as measured at an appropriate measurement point, specified in Section 10.752(6)(b) exceeds applicable levels specified in Table 752-4.

(b) One-third Octave Bands: No person owning or controlling an industrial or commercial noise source shall cause or permit the operation of that noise source if such operation generates a median one-third octave band sound pressure level which, as measured at an appropriate measurement point, specified in Section 10.752(6)(b) and in a one-third octave band at a preferred frequency, exceeds the arithmetic average of the median sound pressure levels of the two adjacent one-third octave bands by:

This code shall not apply to audible discrete tones having a one-third octave band sound pressure level 10 dB or more below the allowable sound pressure levels specified in Table 752-4 for the octave band which contains such one-third octave band.

(a) Sound measurement procedures shall conform to those procedures which are adopted by the Environmental Quality Commission and set forth in the Department of Environmental Quality's Sound Measurement Procedures Manual (NPCS-1) or to such other procedures as are approved in writing by the Department.

(b) Unless otherwise specified the appropriate measurement point shall be that point on the noise-sensitive property described below, which is further from the noise source:

(a) Upon written notification from the Department, persons owning or controlling an industrial or commercial noise source shall monitor and record the statistical noise levels and operating times of equipment, facilities, operations, and activities, and shall submit such data to the Planning Department in the form and on the schedule requested by the Planning Department. Procedures for such measurements shall conform to those procedures set forth in the Department of Environmental Quality's Sound Measurement Procedures Manual (NPCS-1).

(b) Nothing in this section shall preclude the Planning Department from conducting separate or additional noise tests and measurements. Therefore, when requested by the Planning Department, the owner or operator of an industrial or commercial noise source shall provide the following:

(a) Emergency equipment not operated on a regular or scheduled basis.

(b) Warning devices not operating continuously for more than 5 minutes.

(c) Sounds created by the tires or motor used to propel any road vehicle complying with the noise standards for road vehicles.

(d) Sounds resulting from the operation of any equipment or facility of a surface carrier engaged in interstate commerce by railroad only to the extent that such equipment or facility is regulated by preemptive federal regulations as set forth in Part 201 of Title 40 of the Code of Federal Regulations promulgated pursuant to Section 17 of the Noise Control Act of 1972, 86 Stat. 1248, Public Law 92-576; but this exemption does not apply to any standard, control license, regulation, or restriction necessitated by special local conditions which is approved by the Administrator of the EPA after consultation with the Secretary of Transportation pursuant to procedures set forth in section 17(c)(2) of the Act.

(e) Sounds created by bells, chimes or carillons.

(f) Sounds not electronically amplified which are created by or generated at sporting, amusement, and entertainment events, except those sounds which are regulated under other noise standards. An event is a noteworthy happening and does not include informal, frequent or ongoing activities such as, but not limited to, those which normally occur at bowling alleys or amusement parks operating in one location for a significant period of time.

(g) Sounds that originate on construction sites in compliance with Section 5.225.

(h) Sounds created in construction or maintenance of capital equipment.

(i) Sounds created by lawn care maintenance and snow removal equipment in compliance with Section 5.225.

(j) Sounds generated by the operation of aircraft and subject to preemptive federal regulation. This exception does not apply to aircraft engine testing, activity conducted at the airport that is not directly related to flight operations, and any other activity not preemptively regulated by the federal government or controlled under OAR 340-35-0045.

(k) Sounds created by the operation of road vehicle auxiliary equipment complying with the noise rules for such equipment as specified in OAR 340-35-0030(1)(e).

(l) Sounds created by agricultural activities.

(a) Unusual and/or infrequent events.

(b) Industrial or commercial facilities previously established in areas of new development of noise-sensitive property.

(c) Those industrial or commercial noise sources whose statistical noise levels at the appropriate measurement point are exceeded by any noise source external to the industrial or commercial noise source in question.

(d) Noise-sensitive property owned or controlled by the person who controls or owns the noise source.

(e) Noise-sensitive property located on land zoned exclusively for industrial or commercial use.