2023 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.