reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-1 - General Provisions › Section 598-1.6 - Preemption

Current through Register Vol. 46, No. 28, July 10, 2024
Except where the department has approved a local law or
						ordinance as provided in section
						1.7 of this Part, any local
						law or ordinance which is inconsistent with any provision of this Part or of
						Part 597 of this Title is preempted.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-1 - General Provisions › Section 598-1.7 - Local laws and ordinances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Approval of local laws or ordinances.
(1) The department may approve a local law or
					 ordinance for a city with a population over one million or a county, when such
					 city or county law or ordinance provides environmental protection equal to or
					 greater than provisions of the Environmental Conservation Law, article 40, and
					 the requirements of this Part and Part 597 of this Title.
(2) The city or county through its chief
					 executive officer must seek approval from the department in writing. The
					 request must:
(i) include a copy of the local
					 law or ordinance;
(ii) explain
					 differences and inconsistencies between the local law and provisions of this
					 Part and Part 597 of this Title;
(iii) identify proposed enforcement
					 procedures, penalties and resources available to implement the local law or
					 ordinance;
(iv) identify local fees
					 which would be levied;
(v) contain
					 a declaration of intent to administer and enforce the local law or ordinance;
					 and
(vi) contain a statement from
					 the city or county attorney that the city or county has adequate legal
					 authority to carry out the proposed local program. This statement should
					 identify any sources of statutory authority other than the local bulk storage
					 law relied upon.
(3) The
					 department will review all requests and supporting documents and will prepare
					 written findings and terms of approval, conditional approval, or
					 disapproval.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-1 - General Provisions › Section 598-1.8 - Variances and Equivalent Technologies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Variances.
(1) The department may, upon written request
					 from any person subject to this Part, grant a variance from one or more
					 specific provisions of this Part. An application for a variance must:
(i) identify the specific provisions of this
					 Part from which a variance is sought;
(ii) demonstrate that compliance with the
					 identified provisions would, on the basis of conditions unique to the person's
					 particular situation, tend to impose a substantial economic, technological or
					 safety burden on the person; and
(iii) demonstrate that the proposed activity
					 will have no significant adverse impact on the public health, safety, welfare
					 or the environment and will be consistent with the provisions of the ECL and
					 the performance expected from application of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-1 - General Provisions › Section 598-1.10 - Sale of hazardous substances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requirements for distribution.
(1) The manufacturer or distributor of a
					 hazardous substance must provide the owner or operator of a tank system or
					 container who purchases such substance with technical guidance and recommended
					 practices for the storage and handling of such substance. Guidance and
					 recommended practices shall be kept on file by the owner or operator at the
					 facility where the tank system is located.
(2) The manufacturer or distributor of a
					 hazardous substance shall ensure that the owner or operator of a tank system or
					 container who purchases such substance receives technical guidance and
					 recommended practices for storage and handling with the initial shipment and
					 with the first shipment after the technical guidance and recommended practices
					 for storage and handling has been updated or revised. Recommended practices and
					 technical guidance shall also be provided when a new hazardous substance is
					 shipped to a facility.
(3) Sales of
					 hazardous substances which do not satisfy the requirements of this section are
					 prohibited.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-1 - General Provisions › Section 598-1.11 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 person who violates any of the provisions of this Part, any directive by the
					 department, or any order issued by the department, shall be liable for the
					 civil, administrative and criminal penalties set forth in article 71 of the
					 Environmental Conservation Law.
(b)
					 Where a spill of any hazardous substance has occurred or is suspected, the
					 department may order the owner to inspect any tank system, location and/or
					 associated equipment which might be the source of the actual or suspected spill
					 and to test for tightness and structural soundness. If the owner fails to
					 conduct such tests within 10 days of the order, the department may do so. The
					 reasonable expenses of conducting such tests incurred by the department shall
					 be paid by the owner.
(c) If the
					 owner or operator fails to comply with these regulations, the owner or operator
					 must when directed by the department, conduct a site assessment to determine if
					 there is evidence of a release due to such noncompliance. This assessment must
					 be conducted in accordance with the requirements of subdivision
					 2.6(d) of
					 this Part and the results submitted to the department within time frames to be
					 determined by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-1 - General Provisions › Section 598-1.12 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
Any person submitting information to the department
						pursuant to this Part may, at the time of submission, request that the
						department exempt such information from disclosure under paragraph (d) of
						subdivision (2) of section 87  of the Public Officers Law. All requests under
						this section must be made in accordance with the provisions of section
						616.7  of this Title and all
						determinations will be made pursuant to that section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-1 - General Provisions › Section 598-1.13 - Tank Systems Subject to These Regulations in the Future

Current through Register Vol. 46, No. 28, July 10, 2024
Any tank system which becomes subject to these
						regulations in the future must comply with the requirements of this Part within
						the time frame specified or within two years of becoming subject to regulation,
						whichever is later. This might occur if a substance is added to the list of
						hazardous substances in Part 597 of this Title. Any new equipment must comply
						with this Part when installed.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-1 - General Provisions › Section 598-1.15 - Financial Responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
Upon request by the department, an owner and operator
						must provide evidence of financial responsibility for corrective action and for
						operating, maintaining or closing tanks pursuant to this Part. Financial
						responsibility may be evidenced by one or a combination of insurance,
						guarantee, surety bond, letter of credit, qualification as a self-insurer or
						other evidence acceptable to the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-1 - General Provisions › Section 598-1.17 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
						person or circumstance is held to be invalid, the remainder of this Part and
						the application of that provision to other persons or circumstances shall not
						be affected.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-1 - General Provisions › Section 598-1.18 - Future Climate Risk

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the other requirements set forth in this
						Part, all facilities must take into account the provisions of ECL Article 40
						Section 40-0113 to comply with the provisions of this Part.
						Subpart
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-2 - Underground storage tank systems › Section 598-2.3 - Leak detection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 General leak detection requirements.
(1) A
					 method, or combination of methods, of leak detection must be provided that:
(i) can detect a leak from any portion of the
					 tank and the piping that is in contact with the ground and routinely contains
					 hazardous substance;
(ii) is
					 installed and calibrated in accordance with the manufacturer's instructions;
					 and
(iii) meets the requirements of
					 subdivisions (c) and (d) of this section, as applicable. In addition, the
					 methods listed under paragraphs (c)(1), (d)(1), and (d)(2) of this section must
					 be capable of detecting the leak rate or quantity specified for that method
					 with a probability of detection of 95 percent and a probability of false alarm
					 of 5 percent.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-2 - Underground storage tank systems › Section 598-2.4 - Reporting, investigation, and confirmation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reporting responsibilities.
(1) The reporting requirements of this
					 section apply to the following persons:
(i)
					 the facility owner;
(ii) the tank
					 system owner;
(iii) the
					 operator;
(iv) the
					 carrier;
(v) any contractor in a
					 contractual relationship with the facility owner, tank system owner, or
					 operator;
(vi) any other party and
					 its contractors who have been retained as part of a business transaction
					 relating to the facility; and
(vii)
					 any person who causes a spill at the facility.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-2 - Underground storage tank systems › Section 598-2.5 - Operator training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Designation of operators. The following
					 Class A, Class B, and Class C Operators who meet the requirements of this
					 section must be designated:
(1) one Class A
					 and one Class B Operator for each UST system or group of UST systems (the same
					 individual may be designated for multiple Operator classes and tank systems);
					 and
(2) every individual who meets
					 the definition of Class C Operator at the facility as a Class C Operator. At
					 least one Class C Operator must be designated for each UST system (the same
					 individual may be designated as the Class C Operator for multiple tank
					 systems).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-2 - Underground storage tank systems › Section 598-2.6 - Out-of-service underground tank systems and closure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Out-of-service
					 UST systems.
(1) A UST system is out of
					 service if:
(i) the facility owner (or their
					 authorized representative) takes the tank system out of service by submitting
					 an application to the department, in accordance with paragraph 1.14(a)(5) of
					 this Part, indicating that the tank system is out of service; or
(ii) the tank system is no longer receiving
					 or dispensing a hazardous substance, unless the tank system is used for standby
					 storage or is part of a closed-loop system. Records explaining why a tank
					 system that no longer receives or dispenses hazardous substance is not out of
					 service, must be retained until the tank system is permanently closed and made
					 part of the spill prevention report. Within 30 days after the tank system
					 becomes out of service, the facility owner (or their authorized representative)
					 must submit an application to the department, in accordance with paragraph
					 1.14(a)(5) of this Part, indicating that the tank system is out of
					 service.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-3 - Aboveground storage tank systems › Section 598-3.1 - Design, construction, and installation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability. This Subpart applies to
					 aboveground tank systems used to store hazardous substances which includes a
					 tank with a storage capacity of 185 gallons or greater.
(b) Design and equipment requirements for AST
					 systems.
(1) Tank requirements. Tanks must be
					 of sufficient structural strength to withstand normal handling and use. The
					 tank must be compatible with the hazardous substance being stored and with any
					 soil the tank is in contact with. Tanks must be protected from, or resistant
					 to, all forms of internal and external wear, vibration, shock and corrosion.
					 Tanks must have a stable foundation under all operating conditions and be
					 protected from fire, heat, vacuum and pressure which might cause tank failure.
					 Tanks must be protected from physical damage by moving machinery such as
					 forklifts and trucks. If fiberglass-reinforced-plastic material is used, the
					 material must be of sufficient density and strength to form a hard, impermeable
					 shell which will not crack, wick, wear, soften or separate under normal service
					 conditions. All tanks must be designed with a minimum of 30 years of useful
					 life unless a shorter useful life is defined in the spill prevention report.
(i) Category 1 tank requirements. Every tank
					 must meet the following requirements:
('a')
					 Tank design and construction standards.
(1)
					 All Category 1 tanks must be designed, constructed, and installed or certified
					 by a qualified engineer or technician in accordance with one of the following:
(i') API 650;
(ii') API 620;
('iii') CAN4-S601-M84;
('iv') CAN4-S630-M84;
(v) ASTM D4097-88;
(vi) ASTM D3299-88, (see section
					 1.16  of this Part);
					 or
(vii) a code of practice
					 developed by a nationally recognized association or independent testing
					 laboratory and approved by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-3 - Aboveground storage tank systems › Section 598-3.3 - Leak detection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 General leak detection requirements. A method, or combination of methods, of
					 leak detection must be provided that:
(1) can
					 assess the integrity and remaining useful life of tank system and detect a leak
					 from any portion of the tank and the piping that are in contact with the ground
					 and routinely contain hazardous substance;
(2) is installed and calibrated in accordance
					 with the manufacturer's instructions; and
(3) meets the requirements of subdivisions
					 (c) and (d) of this section, as applicable. In addition, the methods listed
					 under paragraphs (c)(1), (d)(1), and (d)(2) of this section must be capable of
					 detecting the leak rate or quantity specified for that method with a
					 probability of detection of 95 percent and a probability of false alarm of 5
					 percent.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-3 - Aboveground storage tank systems › Section 598-3.4 - Reporting, investigation, and confirmation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reporting responsibilities.
(1) The reporting requirements of this
					 section apply to the following persons:
(i)
					 the facility owner;
(ii) the tank
					 system owner;
(iii) the
					 operator;
(iv) the
					 carrier;
(v) any contractor in a
					 contractual relationship with the facility owner, tank system owner, or
					 operator;
(vi) any other party and
					 its contractors who have been retained as part of a business transaction
					 relating to the facility; and
(vii)
					 any person who causes a spill at the facility.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-3 - Aboveground storage tank systems › Section 598-3.5 - Operator Training (Reserved)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-3 - Aboveground storage tank systems › Section 598-3.6 - Out-of-service aboveground tank systems and closure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Out-of-service
					 AST systems.
(1) An AST system is out of
					 service if:
(i) the facility owner (or their
					 authorized representative) takes the tank system out of service by submitting
					 an application to the department, in accordance with paragraph 1.14(a)(5) of
					 this Part, indicating that the tank system is out of service; or
(ii) the tank system is no longer receiving
					 or dispensing a hazardous substance, unless the tank system is used for standby
					 storage or is part of a closed-loop system. Records explaining why a tank
					 system that no longer receives or dispenses hazardous substance is not out of
					 service, must be retained until the tank system is permanently closed and made
					 part of the spill prevention report. Within 30 days after the tank system
					 becomes out of service, the facility owner (or their authorized representative)
					 must submit an application to the department, in accordance with paragraph
					 1.14(a)(5) of this Part, indicating that the tank system is out of
					 service.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-4 - Storage of Hazardous Substances in Containers › Section 598-4.1 - Containers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Applicability. This Subpart applies to containers used to store 1,000 kilograms
					 (2,200 lbs.) or more of a hazardous substance at a facility for a period of 90
					 consecutive days or more.
(b)
					 Container storage areas.
(1) Except as
					 described in paragraph (2) of this subdivision, containers must meet the
					 following requirements:
(i) incompatible
					 substances stored in containers must not be stored in close proximity to each
					 other. At minimum, they must be separated by 30 feet; a fire wall with a fire
					 resistant rating of not less than two hours; separate independent dikes; or
					 other equivalent system which prevents inadvertent mixing and reduces the
					 likelihood of an accident, release, or spill;
(ii) an enclosure such as a warehouse or
					 storm shelter must be provided for those containers which contain materials
					 which could react with water to generate heat, cause pressure build-up in the
					 container, or cause a fire, explosion or other adverse reaction. The enclosure
					 must protect the containers from exposure to water, be designed to withstand
					 storms, and be anchored into the ground;
(iii) containers must be located in an area
					 which has an impervious floor and a perimeter curb or ramp of sufficient height
					 to contain 110 percent of the contents of the largest container or the total
					 volume which can be spilled from interconnected containers within the
					 containment area, whichever is greater. The floor must be designed and
					 constructed with a permeability rate to the substance stored of 1 x 10-6 cm/sec
					 or less;
(iv) containers must be
					 designed and manufactured in accordance with a consensus code, standard or
					 practice developed by a nationally recognized association or independent
					 testing laboratory and be suitable for the substance stored and the conditions
					 of storage. This provision does not apply to containers which are marked,
					 certified, or sold as qualified for use in the transportation of hazardous
					 substances and which meet applicable Federal requirements;
(v) containers must be stored in a stable
					 position and in accordance with the manufacturer's instructions. If containers
					 are stacked, they must be stacked on a stable platform; and
(vi) hazardous substances which are water
					 soluble solids at ambient temperature must be stored in containers which
					 prevent entry of water or stored in an area that is protected against the entry
					 of water, such as a building or similar enclosure. The container, including the
					 floor, must be designed and constructed with a permeability rate to the
					 substance stored of 1 x 10-6 cm/sec or less.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-4 - Storage of Hazardous Substances in Containers › Section 598-4.2 - General operating requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Spill and overfill prevention
(1) Labelling requirements. Containers must
					 be labeled to identify:
(i) the chemical name
					 (or common name if the chemical name is not appropriate) of the substance
					 stored;
(ii) the volume of the
					 hazardous substance being stored; and
(iii) hazards associated with the storage of
					 the hazardous substance in the container;
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-4 - Storage of Hazardous Substances in Containers › Section 598-4.3 - Leak detection (Reserved)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-4 - Storage of Hazardous Substances in Containers › Section 598-4.4 - Reporting, investigation, and confirmation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reporting responsibilities.
(1) The reporting requirements of this
					 section apply to the following persons:
(i)
					 the facility owner;
(ii) the
					 container owner;
(iii) the
					 operator;
(iv) the
					 carrier;
(v) any contractor in a
					 contractual relationship with the facility owner, container owner, or
					 operator;
(vi) any other party and
					 its contractors who have been retained as part of a business transaction
					 relating to the facility; and
(vii)
					 any person who causes a spill at the facility.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-4 - Storage of Hazardous Substances in Containers › Section 598-4.5 - Operator training (Reserved)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-4 - Storage of Hazardous Substances in Containers › Section 598-4.6 - Out-of-service container systems and closure (Reserved)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-5 - Delivery prohibition › Section 598-5.1 - Circumstances and process for imposing a delivery prohibition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Tier 1
					 conditions.
(1) When the department finds
					 that a Tier 1 condition exists at a facility, the department will attach a tag
					 to every fill port of the relevant tank system.
(2) At the time that it attaches a tag, the
					 department will provide to the facility owner, tank system owner, or operator,
					 if one is present, a written notification of the imposition of delivery
					 prohibition identifying the relevant condition(s) at the facility. Otherwise,
					 the department will then send the written notification via certified mail or
					 personal service to the correspondence address listed in the current facility
					 registration or license within five business days following the time that the
					 tag is attached.
(3) The following
					 are tier 1 conditions:
(i) A tank system is
					 known to be releasing a hazardous substance. If the source of the release
					 cannot be determined upon inspection, then a tag will be attached to every fill
					 port of all tank systems that are probable sources of the release.
(ii) A UST system is missing one or more of
					 the following equipment:
('a') secondary
					 containment equipment required under clauses 2.1(b)(1)(ii)('c') or
					 2.1(b)(2)(ii)('c') of this Part;
('b') transfer station secondary containment
					 required under paragraph 2.1(b)(4) of this Part;
('c') overfill prevention equipment required
					 under paragraph 2.1(b)(3) of this Part;
('d') valves required under paragraph
					 2.1(b)(5) of this Part;
('e')
					 corrosion protection equipment required under clauses 2.1(b)(1)(ii)('b') or
					 2.1(b)(2)(ii)('b') of this Part; or
(f) leak detection equipment required under
					 item 2.1(b)(2)(ii)('c')('2')(nx') or subdivisions
					 2.3(a) or (b) 
					 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-5 - Delivery prohibition › Section 598-5.2 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Delivery prohibition. No person may deliver or cause the delivery of a
					 hazardous substance to any tank system whose fill port has a tag attached. No
					 person may accept a delivery of a hazardous substance to any tank system whose
					 fill port has a tag attached.
(b)
					 Tag tampering and removal prohibition. Unless authorized by the department, no
					 person may tamper with or remove a tag attached to a fill port or cause such
					 tampering or removal.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-5 - Delivery prohibition › Section 598-5.3 - Notifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Notice of delivery prohibition to facility and carrier. The presence of a tag
					 attached to the fill port of a tank system constitutes notice of the delivery
					 prohibition.
(b) Notification to
					 carrier by facility. After the department attaches a tag and prior to the next
					 scheduled delivery of a hazardous substance, all carriers that normally deliver
					 to the tank system must be informed that delivery is prohibited. Records of any
					 correspondence regarding the delivery prohibition must be retained for three
					 years after the imposition of delivery prohibition.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-6 - Release Response and Corrective Action › Section 598-6.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
The following persons must, in response to a release at a
						facility, comply with the requirements of this Subpart:
(a) the facility owner;
(b) the tank system or container
					 owner;
(c) the operator;
(d) the carrier, if the carrier is a
					 discharger; and
(e) any person who
					 is a discharger.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-6 - Release Response and Corrective Action › Section 598-6.2 - Initial Response

Current through Register Vol. 46, No. 28, July 10, 2024
In response to a release at a facility, the facility must
						immediately perform the following initial response actions:
(a) identify and mitigate fire, explosion,
					 and vapor hazards;
(b) take
					 immediate action to prevent any further release of hazardous substance;
					 and
(c) report the release to
					 department's Spill Hotline (800-457-7362) within two hours after
					 discovery.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-6 - Release Response and Corrective Action › Section 598-6.3 - Initial abatement measures and site check

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless directed to do otherwise by the
					 department, the facility must perform the following abatement measures:
(1) immediately empty the tank system or
					 container to prevent further release;
(2) visually inspect any aboveground releases
					 or exposed belowground releases and prevent further hazardous substance
					 migration;
(3) continue to monitor
					 and mitigate any additional fire and safety hazards posed by the hazardous
					 substance that have migrated from the excavation zone and entered into
					 subsurface structures (such as sewers or basements);
(4) remedy hazards posed by contaminated
					 soils that are excavated or exposed as a result of release confirmation, site
					 investigation, abatement, or corrective action activities. If these remedies
					 include treatment or disposal of soils, the facility must comply with
					 applicable State and local requirements;
(5) measure for the presence of a release
					 where contamination is most likely to be present at the facility, unless the
					 presence and source of the release have been confirmed in accordance with the
					 site check required by paragraphs 2.4(e)(2) or 3.4(e)(2) of this Part or the
					 site assessment required by subdivision
					 2.6(d) of
					 this Part. In selecting sample types, sample locations, and measurement
					 methods, the facility must consider the nature of the hazardous substance
					 stored, the type of backfill, depth to groundwater and other factors as
					 appropriate for identifying the presence and source of the release;
					 and
(6) investigate to determine
					 the possible presence of free product and begin free product removal as soon as
					 practicable and in accordance with section
					 6.5 of this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-6 - Release Response and Corrective Action › Section 598-6.4 - Initial site characterization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless directed to do otherwise by the
					 department, the facility must assemble information about the site and the
					 nature of the release, including information gained while confirming the
					 release or completing the initial abatement measures in section
					 6.3  of this Subpart. This
					 information must include:
(1) data on the
					 nature and estimated quantity of release;
(2) data from available sources and/or site
					 investigations concerning the following factors: surrounding populations, water
					 quality, use and approximate locations of wells potentially affected by the
					 release, subsurface soil conditions, locations of subsurface sewers,
					 climatological conditions, and land use;
(3) results of the site check required under
					 section
					 2.4(e)(2) or
					 3.4(e)(2)  of
					 this Part; and
(4) results of the
					 free product investigations required under paragraph 6.3(a)(6) of this Subpart,
					 to be used by the facility to determine whether free product must be recovered
					 under section
					 6.5 of this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-6 - Release Response and Corrective Action › Section 598-6.5 - Free product removal

Current through Register Vol. 46, No. 28, July 10, 2024
At a facility where an investigation under paragraph
						6.3(a)(6) of this Subpart indicates the presence of free product, the facility
						must undertake corrective action to meet the cleanup objectives of the
						department. In meeting the requirements of this section, the facility
						must:
(a) conduct free product removal
					 in a manner that minimizes the spread of contamination into previously
					 uncontaminated zones by using recovery and disposal techniques appropriate to
					 the hydrogeologic conditions at the facility, and that properly treats,
					 discharges or disposes of recovery byproducts in compliance with applicable
					 local, state, and federal regulations;
(b) use abatement of free product migration
					 as a minimum objective for the design of the free product removal
					 system;
(c) handle any flammable
					 products in a safe and competent manner to prevent fires or explosions;
					 and
(d) unless directed to do
					 otherwise by the department, prepare and submit to the department, within 45
					 days after confirming a release, a free product removal report that provides at
					 least the following information:
(1) the name
					 of the person(s) responsible for implementing the free product removal
					 measures;
(2) the estimated
					 quantity, type, and thickness of free product observed or measured in wells,
					 boreholes, and excavations;
(3) the
					 type of free product recovery system used;
(4) whether any discharge will take place on
					 the facility or off the facility during the recovery operation and where this
					 discharge will be located;
(5) the
					 type of treatment applied to, and the effluent quality expected from, any
					 discharge;
(6) the steps that have
					 been or are being taken to obtain necessary permits for any discharge;
					 and
(7) the disposition of the
					 recovered free product.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-6 - Release Response and Corrective Action › Section 598-6.6 - Investigations for soil and groundwater cleanup

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to
					 determine the full extent and location of soils contaminated by the release and
					 the presence and concentrations of dissolved product contamination in the
					 groundwater, the facility must conduct investigations of the release, the
					 release site, and the surrounding area possibly affected by the release if any
					 of the following conditions exist:
(1) there
					 is evidence that groundwater wells have been affected by the release (for
					 example, as found during release confirmation or previous corrective action
					 measures);
(2) free product is
					 found to need recovery in compliance with section
					 6.5 of this Subpart;
(3) there is evidence that contaminated soils
					 may be in contact with groundwater (for example, as found during conduct of the
					 initial response measures or investigations required under sections
					 6.2 through
					 6.5 of this Subpart);
					 and
(4) the department requests an
					 investigation, based on the potential effects of contaminated soil or
					 groundwater on nearby surface water and groundwater
					 resources.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-6 - Release Response and Corrective Action › Section 598-6.7 - Corrective action plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At any point after reviewing the
					 information submitted in compliance with sections
					 6.2 through
					 6.4  of this Subpart, the
					 department may require the facility to submit additional information or to
					 develop and submit a corrective action plan for responding to contaminated
					 soils and groundwater. If a plan is required, the facility must submit the plan
					 according to a schedule and format established by the department.
					 Alternatively, the facility may, after fulfilling the requirements of sections
					 6.2 through
					 6.4  of this Subpart, choose to
					 submit a corrective action plan for responding to contaminated soil and
					 groundwater. In either case, the facility is responsible for submitting a plan
					 that provides for adequate protection of public health and the environment as
					 determined by the department and must modify the facility's plan as necessary
					 to meet this standard.
(b) The
					 department will approve the corrective action plan only after ensuring that
					 implementation of the plan will adequately protect public health, safety, and
					 the environment. In making this determination, the department will consider the
					 following factors as appropriate:
(1) the
					 physical and chemical characteristics of the hazardous substance, including its
					 toxicity, persistence, and potential for migration;
(2) the hydrogeologic characteristics of the
					 facility and the surrounding area;
(3) the proximity, quality, and current and
					 future uses of nearby surface water and groundwater;
(4) the potential effects of residual
					 contamination on nearby surface water and groundwater;
(5) an exposure assessment; and
(6) any information assembled in compliance
					 with this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 600 - Applications For Licenses And Preliminary Permits Under The Water Power Act › General Rules › Section 600.1 - Outline of application and priorities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications shall be made in writing to
					 the Water Power and Control Commission. One original and three copies shall be
					 filed with the commission by delivering the same to the Commissioner of
					 Environmental Conservation as chairman of the commission, or to the secretary
					 of the commission. They must be verified by the applicant, the affidavit of
					 verification to be substantially in the form provided by the Civil Practice Act
					 for the verification of a pleading. One member of an association may verify the
					 same on behalf of the association. Whenever an affidavit of verification is
					 taken without the State of New York, the authority, and the authenticity of the
					 signature of the notary public or other officer taking the affidavit, must be
					 established in the manner provided by sections 311 and
					 312  of the Real Property Law.
(b) They shall be plainly and legibly written
					 or printed in black ink upon durable paper of good material and of a uniform
					 size, but not more than 8 1/2 inches in width by 14 inches in length. The maps,
					 plans and drawings constituting a part of the original application shall be on
					 cloth blueprints or original drawings on tracing cloth, except that
					 lithographed official maps issued by Federal or State agencies may be used for
					 general maps; but when so used the copy constituting a part of the original
					 application must be mounted on cloth.
(c) They shall be filed by the commission in
					 the order of their receipt. The date of the receipt of the last communication
					 from an applicant, containing any data or information required by these rules,
					 shall be deemed to be the date of the receipt of such application for a
					 license, except that where the commission issues to an applicant for a license
					 a preliminary permit for the purpose of enabling him to secure the data or
					 information required by subdivision (a), (b), (c) or (d) of section
					 600.6  of this Part to
					 be set forth in an application for a license, the date of receipt of the last
					 communication from the applicant, containing any data or information required
					 by these rules for the issuance of such preliminary permit, shall be deemed to
					 be the date upon which the priority of such application for a license shall be
					 maintained, subject to the conditions of the permit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 600 - Applications For Licenses And Preliminary Permits Under The Water Power Act › Applications for Licenses › Section 600.7 - Relationship of other property of applicant

Current through Register Vol. 46, No. 28, July 10, 2024
They shall also set forth the location, rated capacity
						and actual power output of all power plants owned or operated by the applicant,
						whatever the motive power thereof may be; the location of all water power
						sites, whether developed or undeveloped, owned or operated by the applicant,
						and the power, or additional power, which may be obtained by a proper and
						economical development effected at each such developed or only partially
						developed site; what developments, extensions or enlargements, if any, of said
						sites or plants are planned or under consideration by the applicant; the
						markets supplied by existing plants; the relationship, if any, of the
						applicant's existing plants to the project in connection with which a license
						is sought from the commission, and the relationship, if any, of the project
						plant to any other hydro-electric plants.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 600 - Applications For Licenses And Preliminary Permits Under The Water Power Act › Applications for Licenses › Section 600.8 - Disposal of power

Current through Register Vol. 46, No. 28, July 10, 2024
They shall set forth how the applicant proposes to
						utilize the power output of the project works, that is, whether for public or
						private use; if for private use, by whom it is proposed to be used and for what
						purpose, and if for public use, the market wherein the applicant proposes or
						expects to dispose of the same.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 600 - Applications For Licenses And Preliminary Permits Under The Water Power Act › Applications for Licenses › Section 600.9 - Experience-responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
They shall set forth, in general terms, the nature and
						extent of the experience of the applicant in the business of developing,
						generating, transmitting, distributing, using or selling hydraulic or
						hydro-electric power, together with the facts relied upon to satisfy the
						commission, as required by subdivision 5 of section 616 of the act above
						referred to, that, financially and otherwise he is reliable and responsible and
						capable of consummating the project for which he seeks a
						license.