NY Env Conserv L § 40-0111 (2021)
2021 New York Laws ENV - Environmental Conservation Article 40 - Hazardous Substances Bulk Storage Act 40-0111 - Corrective Actions and Reporting.

§ 40-0111. Corrective actions and reporting.   1.  Where a release of any hazardous substance is suspected or appears probable, the department may order the  owner  to  inspect  any  storage facility,  location  and/or  associated  equipment  suspected  to be the source  of  the  release  and  to  test  for  tightness  and  structural soundness.  If  the owner fails to conduct such tests within ten days of notification of such an order the department may conduct such tests. The reasonable expenses of conducting such tests incurred by the  department shall be paid by the owner.   2.  It  shall  be  unlawful  to continue operation of any tank where a continuing release to the environment is occurring. The contents of such a tank shall be promptly removed  to  a  secure  storage  location.  The department  may  prohibit deliveries of hazardous substances to any tank (i) that is leaking or (ii) where a leak appears probable. If the source of the leak or a probable leak cannot be determined, the department  may prohibit deliveries to any tank or tanks that may be the probable source of  a  leak  until such time as the source has been identified, at which time the prohibition on delivery will  apply  to  the  leaking  tank  or tanks.  In addition, the department may prohibit deliveries of hazardous substances  to  any  tank  that  is  in  violation  of  any  requirement prescribed by regulation pursuant to this title related to:   a.  installing  required  equipment  for  spill  prevention,  overfill protection,  leak   detection,   corrosion   protection   or   secondary containment;   b. performing leak detection or inspections of tank systems;   c. properly operating or maintaining leak detection; or   d.  properly  operating  or  maintaining  spill, overfill or corrosion protection equipment.  (i) The department shall attach a tag to the tank or tanks to identify those tanks to which delivery is prohibited and provide a written notice to the owner and operator specifying the reasons for the prohibition  of delivery.  (ii)  As  promptly as possible thereafter, not to exceed fifteen days, the commissioner shall provide the owner or operator an  opportunity  to be  heard and to present proof that such conditions or activity does not violate the provisions of this section or of the  rules  or  regulations adopted  pursuant  to this title. The commissioner shall adopt rules and regulations describing the procedure to be followed in  the  prohibition of   hazardous   substance   deliveries.  In  adopting  such  rules  and regulations the department shall allow for the owner or operator at  any time  to  submit  information  to the department to demonstrate that the owner or  operator  is  in  compliance  with  the  requirements  or  has corrected  the  violation  that  prompted  the  department  to  prohibit deliveries of hazardous substances and to allow the tank or tanks to be, as promptly as possible, brought back into operation, not to exceed  two business  days  from  the  department's  determination that a tank is in compliance.  The  department  shall  use  its  best  efforts  to  timely determine compliance.  (iii)  Unless  otherwise authorized by the department, no person shall tamper with or remove, or cause the tampering with or removal of, a  tag attached to any tank under the provisions of this subdivision.  (iv)  No  person  shall  deliver,  cause  the delivery of, deposit, or accept a hazardous substance to any tank or tanks  to  which  a  tag  is affixed pursuant to this subdivision.   3.  Any  person  who  is  the  owner  of, or in actual or constructive possession or control of, a hazardous substance, as defined  in  section 40-0105 of this article, or any employee or agent thereof, or any person in  a  contractual relationship therewith who inspects, tests or repairs  any portion of the facility which was or is  used  for  the  storage  of hazardous substances, shall promptly notify the department as soon as he has  knowledge  of  the  release of a reportable quantity of a hazardous substance into the environment.