N.Y. ENV Law § 40-0111 — New York Code / Act ENV / Article 40 / Section 40-0111
Corrective actions and reporting
Status: in_force

§ 40-0111. Corrective actions and reporting.\n  1. Where a release of any hazardous substance is suspected or appears\nprobable, the department may order the owner to inspect any storage\nfacility, location and/or associated equipment suspected to be the\nsource of the release and to test for tightness and structural\nsoundness. If the owner fails to conduct such tests within ten days of\nnotification of such an order the department may conduct such tests. The\nreasonable expenses of conducting such tests incurred by the department\nshall be paid by the owner.\n  2. It shall be unlawful to continue operation of any tank where a\ncontinuing release to the environment is occurring. The contents of such\na tank shall be promptly removed to a secure storage location. The\ndepartment may prohibit deliveries of hazardous substances to any tank\n(i) that is leaking or (ii) where a leak appears probable. If the source\nof the leak or a probable leak cannot be determined, the department may\nprohibit deliveries to any tank or tanks that may be the probable source\nof a leak until such time as the source has been identified, at which\ntime the prohibition on delivery will apply to the leaking tank or\ntanks. In addition, the department may prohibit deliveries of hazardous\nsubstances to any tank that is in violation of any requirement\nprescribed by regulation pursuant to this title related to:\n  a. installing required equipment for spill prevention, overfill\nprotection, leak detection, corrosion protection or secondary\ncontainment;\n  b. performing leak detection or inspections of tank systems;\n  c. properly operating or maintaining leak detection; or\n  d. properly operating or maintaining spill, overfill or corrosion\nprotection equipment.\n  (i) The department shall attach a tag to the tank or tanks to identify\nthose tanks to which delivery is prohibited and provide a written notice\nto the owner and operator specifying the reasons for the prohibition of\ndelivery.\n  (ii) As promptly as possible thereafter, not to exceed fifteen days,\nthe commissioner shall provide the owner or operator an opportunity to\nbe heard and to present proof that such conditions or activity does not\nviolate the provisions of this section or of the rules or regulations\nadopted pursuant to this title. The commissioner shall adopt rules and\nregulations describing the procedure to be followed in the prohibition\nof hazardous substance deliveries. In adopting such rules and\nregulations the department shall allow for the owner or operator at any\ntime to submit information to the department to demonstrate that the\nowner or operator is in compliance with the requirements or has\ncorrected the violation that prompted the department to prohibit\ndeliveries of hazardous substances and to allow the tank or tanks to be,\nas promptly as possible, brought back into operation, not to exceed two\nbusiness days from the department's determination that a tank is in\ncompliance. The department shall use its best efforts to timely\ndetermine compliance.\n  (iii) Unless otherwise authorized by the department, no person shall\ntamper with or remove, or cause the tampering with or removal of, a tag\nattached to any tank under the provisions of this subdivision.\n  (iv) No person shall deliver, cause the delivery of, deposit, or\naccept a hazardous substance to any tank or tanks to which a tag is\naffixed pursuant to this subdivision.\n  3. Any person who is the owner of, or in actual or constructive\npossession or control of, a hazardous substance, as defined in section\n40-0105 of this article, or any employee or agent thereof, or any person\nin a contractual relationship therewith who inspects, tests or repairs\nany portion of the facility which was or is used for the storage of\nhazardous substances, shall promptly notify the department as soon as he\nhas knowledge of the release of a reportable quantity of a hazardous\nsubstance into the environment.\n