NY Env Conserv L § 17-1007 (2021)
2021 New York Laws ENV - Environmental Conservation Article 17 - Water Pollution Control Title 10 - Control of the Bulk Storage of Petroleum 17-1007 - Corrective Actions.

§ 17-1007. Corrective actions.   1.  Any  operator  shall  within forty-eight hours notify the facility owner and the department, and if the  facility  is  located  within  any county,  or city of a population of one million or more which filed with the department a written declaration under subdivision  two  of  section 17-1017  of  this title which is approved by the commissioner in written findings the operator shall  also  notify  such  county  or  city  of  a population of one million or more, of any abnormal loss or gain detected through  daily  inventory which cannot be explained by inaccurate record keeping, temperature variations, or other causes not related to leakage. For the purposes of this subdivision, "abnormal loss or gain" shall mean a loss or gain of three-quarters of one percent or greater of the  total volume of petroleum handled over a period of ten days.   2.  Where  a  leak  or  spill  of  petroleum  is  suspected or appears probable, the department may order the owner to  inspect  that  tank  or tanks  or  associated  equipment suspected to be leaking and to test for tightness and structural soundness or may prohibit delivery pursuant  to subdivision  four of this section. If the owner fails within ten days to conduct such tests as required under this  subdivision,  the  department may  conduct  such  tests  for  tightness  or  structural soundness. The reasonable expenses of conducting such tests incurred by the  department shall be paid by the owner.   3.  It  shall be unlawful to continue operation of any leaking tank or associated equipment of  a  facility.  The  contents  of  such  tank  or equipment shall be promptly removed.   4. The department may prohibit deliveries of petroleum 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 petroleum 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.  The  department  may  consider  not prohibiting deliveries of petroleum for up to one hundred eighty days  after  a  determination  is made  that the facility or tank meets the conditions in this subdivision if such prohibition would jeopardize the availability of, or access  to, fuel  in any rural and remote areas unless the department has determined that the condition at the facility endangers public  health,  safety  or the environment.  (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 condition 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  petroleum  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 petroleum 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.  The  commissioner  shall draft  such rules and regulations and submit them to the state petroleum bulk storage advisory council for comments  within  six  months  of  the effective date of this subparagraph.  (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 petroleum to any tank or tanks to which a tag is affixed pursuant to this subdivision.