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 609 - Reclassification Of Waters › Section 609.4 - Maps

Current through Register Vol. 46, No. 28, July 10, 2024
All petitions shall be accompanied by a map of suitable
					 scale which shows the waters requested to be reclassified and the
					 municipalities through which it flows.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 609 - Reclassification Of Waters › Section 609.5 - Signatures on petitions

Current through Register Vol. 46, No. 28, July 10, 2024
All petitions must be signed and verified as
					 follows:
(a) Corporations: by a
				  principal executive officer of at least the level of vice-president, or his
				  duly authorized representative.
(b)
				  Partnership: by a general partner.
(c) Municipal or other corporation: by a
				  principal executive officer, ranking elected official or other duly authorized
				  employee.
(d) Individual or any
				  other case: by the individual or the person duly authorized to act, as
				  evidenced by documentation 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 609 - Reclassification Of Waters › Section 609.6 - Action on petitions

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall examine the facts and circumstances
					 set forth in the petition, and in accordance with the considerations set forth
					 in section
					 609.3  of
					 this Part may, in its discretion, initiate rule making to reclassify the
					 waters.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 609 - Reclassification Of Waters › Section 609.7 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
If the department proposes to adopt, amend or modify the
					 classification of any waters, it shall hold a legislative public hearing. Such
					 hearing shall be held at a location within the drainage basin or the county or
					 counties in which the waters sought to be reclassified flow. All persons
					 interested in the proposed reclassification may appear at the hearing and
					 present statements, comments or objections.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 609 - Reclassification Of Waters › Section 609.8 - Notice of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Notice of such hearing shall:
(a) be published at least twice in a
				  newspaper regularly published or circulated in the county or counties bordering
				  or through which the waters sought to be reclassified flow. The first date of
				  such notice shall be at least 30 days before the date of the hearing;
(b) be published in the Environmental Notice
				  Bulletin and the State Register at least 30 days before the date of hearing;
				  and
(c) be mailed at least 30 days
				  before such hearing to the chief executive of each municipal corporation
				  bordering or through which said waters flow, or other persons as the department
				  has reason to believe may be interested in the proposed
				  reclassification.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 610 - Certification Of Onshore Major Facilities › Section 610.1 - Authority, purpose and policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part is adopted pursuant to section 191  of the Navigation Law to implement the
				  responsibilities of the Department of Environmental Conservation under the
				  provisions of article 12 of the Navigation Law, which prohibits the discharge
				  of petroleum, provides for the licensing of major facilities, provides for the
				  cleanup and removal of any petroleum discharge, giving first priority to
				  minimizing environmental damage, and establishes an environmental protection
				  and spill compensation fund.
(b)
				  The provisions of this Part apply to the certification by the Department of
				  Environmental Conservation that an applicant to the Department of
				  Transportation for a license, or the renewal of a license, to operate or cause
				  to be operated an onshore major facility has implemented or is in the process
				  of implementing State and Federal plans and regulations for the control of
				  discharges of petroleum and the containment and removal thereof when such a
				  discharge occurs.
(c) It is the
				  purpose of article 12 of the Navigation Law to ensure a clean environment and
				  healthy economy for the State by preventing the unregulated discharge of
				  petroleum which may result in damage to lands, waters or natural resources of
				  the State, by authorizing the Department of Transportation and the Department
				  of Environmental Conservation to control the transfer and storage of petroleum
				  and to respond quickly to unregulated discharges and effect prompt cleanup and
				  removal of such discharges, giving first priority to minimizing environmental
				  damage, and by providing for the payment of all cleanup and removal costs and
				  all direct and indirect damages resulting from such discharges through the New
				  York environmental protection and spill compensation fund supervised by the
				  State Comptroller.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 610 - Certification Of Onshore Major Facilities › Section 610.3 - Application procedure for letter of certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any existing or proposed onshore major
				  facility which is required to obtain a letter of certification from the
				  department as a precondition to the issuance of a license by the Department of
				  Transportation shall make application for such letter of certification in the
				  manner prescribed in this Part.
(b)
				  Existing onshore major facilities. Initial applications and supporting
				  documents for onshore major facilities which will be in operation on July 1,
				  1978 shall be submitted by June 1, 1978.
(c) Proposed onshore major facilities or
				  proposed substantial changes to existing onshore major facilities.
(1) Applications for proposed onshore major
				  facilities or proposed substantial changes to existing onshore major facilities
				  shall be filed as soon as possible in advance of the date on which construction
				  of the proposed onshore major facility or substantial changes to existing
				  onshore major facilities will commence.
(2) Applicants for a proposed onshore major
				  facility or proposed substantial changes to an existing onshore major facility
				  shall also comply with all the requirements of the Environmental Conservation
				  Law, especially article 8 (State environmental quality review act), if
				  applicable.
(3) The uniform
				  procedures act (article 70 of the Environmental Conservation Law, and Part 621
				  of this Title) shall govern the processing of the application insofar as it can
				  be applied to this procedure.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 610 - Certification Of Onshore Major Facilities › Section 610.5 - Letter of certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The department shall issue a letter of certification for an onshore major
				  facility when:
(1) the applicant has adequate
				  plans, or is in the process of drafting adequate plans, for the prevention and
				  control of discharges, and the containment and removal thereof when a discharge
				  occurs, while giving first priority to minimizing environmental
				  damage;
(2) the applicant has
				  implemented or is in the process of implementing the plans. The factors to be
				  considered by the department in evaluating the implementation of the plans
				  include, but are not limited to, the length of time the plans have been in
				  existence, when the plans are expected to be fully implemented, and the past
				  and future expenses in implementation of the plans;
(3) the applicant can provide the necessary
				  equipment to prevent, contain and remove discharges of petroleum; and
(4) the applicant has implemented, is in the
				  process of implementing, or is in compliance with the requirements of sections
				  613.2 through 613.9, inclusive, and sections
				  614.2 through
				  614.14, inclusive, of
				  this Title, for the storage and control of petroleum, as applicable to the
				  particular facility.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 610 - Certification Of Onshore Major Facilities › Section 610.6 - References

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
				  materials have been referenced in this Part:
(1) 33 CFR means title 33, Code of Federal
				  Regulations (Navigation and Navigable Waters), effective July 1,
				  1977.
(2) 40 CFR means title 40,
				  Code of Federal Regulations (Protection of the Environment), effective April 1,
				  1978.
(3) All U.S. documents
				  referenced in this Part are available from the Superintendent of Documents,
				  U.S. Government Printing Office, Washington, DC 20402.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 611 - Environmental Priorities And Procedures In Petroleum Cleanup And Removal › Section 611.1 - Authority, purpose and policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part is adopted pursuant to section 191  of the Navigation Law to implement the
				  responsibilities of the Department of Environmental Conservation under the
				  provisions of article 12 of the Navigation Law, which prohibits the discharge
				  of petroleum, provides for the licensing of major facilities, provides for the
				  cleanup and removal of any petroleum discharge, giving first priority to
				  minimizing environmental damage, and establishes an environmental protection
				  and spill compensation fund.
(b)
				  The provisions of this Part apply to the establishment by the Department of
				  Environmental Conservation of priorities and procedures necessary to ensure
				  prompt and environmentally correct cleanup and removal when a discharge
				  occurs.
(c) It is the purpose of
				  article 12 of the Navigation Law to ensure a clean environment and healthy
				  economy for the State by preventing the unregulated discharge of petroleum
				  which may result in damage to lands, waters or natural resources of the State
				  by authorizing the Department of Transportation and the Department of
				  Environmental Conservation to respond quickly to such discharge and effect
				  prompt cleanup and removal of such discharges, giving first priority to
				  minimizing environmental damage, and by providing for the payment of all
				  cleanup and removal costs and all direct and indirect damages resulting from
				  such discharges through the New York environmental protection and spill
				  compensation fund supervised by the State Comptroller.
(d) Any provision of this Part may be waived
				  by the department representative, or in the absence of the department
				  representative by the on-scene coordinator of the Department of Transportation,
				  upon a determination that the application of this Part substantially endangers
				  human life, health or safety.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 611 - Environmental Priorities And Procedures In Petroleum Cleanup And Removal › Section 611.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless the context otherwise requires, the definitions
					 contained in section 172  of the
					 Navigation Law shall be applicable to this Part. The following additional
					 definitions and clarifications shall be applicable to this Part:
(a) Area of environmental value means an area
				  used for waterfowl nesting and feeding, fish spawning and migration, shellfish
				  beds, or wetlands, or significant habitats as determined by the
				  department.
(b) Commissioner shall
				  mean the commissioner of the Department of Environmental
				  Conservation.
(c) To contain or
				  containment means all actions to limit or prevent the spread of a petroleum
				  discharge.
(d) Department shall
				  mean the Department of Environmental Conservation.
(e) Discharge means any intentional or
				  unintentional action or omission resulting in the releasing, spilling, leaking,
				  pumping, pouring, emitting, emptying or dumping of petroleum into the waters of
				  the State or onto lands from which it might flow or drain into said waters, or
				  into waters outside the jurisdiction of the State when damage may result to the
				  lands, waters or natural resources within the jurisdiction of the State,
				  excepting discharges pursuant to and in compliance with the conditions of a
				  valid State or Federal permit.
(f)
				  Major facility includes, but is not limited to any refinery, storage or
				  transfer terminal, pipeline, deep water port, drilling platform or any
				  appurtenance related to any of the preceding that is used or is capable of
				  being used to refine, produce, store, handle, transfer, process or transport
				  petroleum. A vessel shall be considered a major facility only when petroleum is
				  transferred between vessels in the waters of the State of New York. Fueling
				  operations and the like shall be excluded for the purposes of this definition.
				  Facilities with total combined aboveground or buried storage capacity of less
				  than 400,000 gallons are not major facilities for the purposes of this
				  Part.
(g) Spill or spillage means
				  any escape of petroleum from the ordinary containers employed in the normal
				  course of storage, transfer, processing or use. A spill becomes a discharge
				  only when petroleum reaches waters of the State, or lands from which it might
				  flow or drain into said waters.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 611 - Environmental Priorities And Procedures In Petroleum Cleanup And Removal › Section 611.3 - Containment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Policy.
				  Containment must be initiated immediately after discovery of a discharge to
				  reduce the costs of recovery, increase the recyclability of the recovered
				  petroleum and minimize hazards to public health, economic loss and
				  environmental damage.
(b) All
				  containment procedures shall follow the guidelines contained in chapter 200 of
				  the New York State Water Quality Accident Contingency Plan and
				  Handbook.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 611 - Environmental Priorities And Procedures In Petroleum Cleanup And Removal › Section 611.4 - Environmental protection

Current through Register Vol. 46, No. 28, July 10, 2024
The deployment of booms, physical barriers or other
					 equipment specifically for the protection of areas of environmental value, as
					 identified by the department representative, should occur in addition to the
					 deployment of booms, physical barriers or other equipment to contain a
					 discharge and/or to protect human life, health or safety.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 611 - Environmental Priorities And Procedures In Petroleum Cleanup And Removal › Section 611.5 - Prohibited and restricted chemicals

Current through Register Vol. 46, No. 28, July 10, 2024
Unless written permission has previously been granted in
					 the letter of certification and license, issued to a major facility pursuant to
					 article 12 of the Navigation Law, and only under the express circumstances
					 permitted therein for its use, no chemical shall be employed at a discharge
					 site without approval from the department representative at the discharge
					 site.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 611 - Environmental Priorities And Procedures In Petroleum Cleanup And Removal › Section 611.6 - Cleanup and removal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  objective of the cleanup and removal phase is:
(1) rapid removal of the discharge to
				  increase its recyclability and to minimize damage to the environment;
(2) continued protection of areas of
				  environmental value and natural resources from both the discharge and the
				  cleanup and removal operations;
(3)
				  proper and environmentally sound disposal of unrecyclable petroleum and
				  debris;
(4) the restoration of the
				  environment to its pre-spill conditions;
(5) collection of injured fauna for
				  rehabilitation; and
(6) the
				  collection of evidence of damages to natural resources.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 611 - Environmental Priorities And Procedures In Petroleum Cleanup And Removal › Section 611.7 - References

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
				  materials have been referenced in this Part: New York State Water Quality
				  Accident Contingency Plan and Handbook, 1977, New York State Department of
				  Environmental Conservation, 625 Broadway, Albany, NY 12233.
(b) The materials referenced above are
				  available for copying and inspection at the Department of Environmental
				  Conservation, Division of Water, 625 Broadway, Albany, NY 12233.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 612 - Registration Of Petroleum Storage Facilities (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Environmental Conservation Law,
					 §§17-1001, et seq.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 613 - Petroleum Bulk Storage › Subpart 613-1 - General Provisions › Section 613-1.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to regulate the bulk storage
						of petroleum in order to protect public health and the
						environment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 613 - Petroleum Bulk Storage › Subpart 613-1 - General Provisions › Section 613-1.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Every facility is subject to the provisions of this Part.
(b) Every on-shore major facility is subject
					 to the provisions of this Part except for the provisions of section
					 1.9 of this Subpart.
(c) Every facility owner, tank system owner,
					 and operator is subject to the provisions of sections
					 1.13(a), (b), and
					 (c), 2.2(d)(4), 3.2(d)(4), 4.2(d)(4), 5.2(d); sections
					 2.4(b) and (e),
					 3.4(b) and (e),
					 4.4(b) and (e),
					 5.4; and Subpart 7 of this
					 Part.
(d) Every carrier is subject
					 to the provisions of sections
					 2.2(d)(4),
					 3.2(d)(4),
					 4.2(d)(4),
					 5.2(d); and
					 sections 2.4(b) and (e),
					 3.4(b) and (e),
					 4.4(b) and (e),
					 5.4 of this Part. The carrier may
					 also be subject to the provisions of Subpart 7 of this Part if the carrier is a
					 discharger.
(e) Every contractor in
					 a contractual relationship with the facility owner, tank system owner, or
					 operator, and any other party and its contractors who have been retained as
					 part of a business transaction relating to the facility, is subject to the
					 provisions of sections
					 2.2(d)(4),
					 3.2(d)(4),
					 4.2(d)(4),
					 5.2(d); and
					 sections 2.4(b) and (e),
					 3.4(b) and (e),
					 4.4(b) and (e),
					 and 5.4 of this Part.
(f) Any provision of this Part that imposes a
					 requirement on a facility imposes that requirement on every operator and tank
					 system owner at the facility, unless expressly stated otherwise.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 613 - Petroleum Bulk Storage › Subpart 613-1 - General Provisions › Section 613-1.4 - Access to records and facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Upon reasonable notice of the department, the operator, facility owner, or tank
					 system owner of a facility must allow any designated employee or agent of the
					 department to review and copy any books, papers, documents and records relating
					 to compliance with this Part.
(b)
					 Any designated employee or agent of the department may, at reasonable times and
					 upon reasonable notice, enter and inspect a facility for purposes of assuring
					 compliance with provisions of this Part, provided that the employee or agent is
					 accompanied by the tank system owner, operator, or their designee.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 613 - Petroleum Bulk Storage › Subpart 613-1 - General Provisions › Section 613-1.5 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Records must be maintained and made available to the Department within three
					 business days following the Department's request, except for the results of the
					 last 30 days of leak detection monitoring, which must be immediately available
					 at the time of request. Records may be in printed or electronic
					 formats.
(b) In the case of
					 permanent closure records required under sections
					 2.6(e),
					 3.5(e),
					 4.5(e), and
					 5.6 of this Part, a copy of the
					 records must be submitted to the Department within 30 days after permanent
					 closure.
(c) At a minimum, records
					 must include a list of each tank system component/area checked, whether the
					 equipment/area checked was acceptable or needed action taken, and a description
					 of actions taken to correct an issue.
(d) The Commissioner of the Department may
					 require a tank system owner or operator to submit evidence of financial
					 assurance as described in subdivision
					 8.6(b) of this
					 Part or other information relevant to compliance with Subpart 8 of this Part at
					 any time.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 613 - Petroleum Bulk Storage › Subpart 613-1 - General Provisions › Section 613-1.6 - Preemption

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
					 where the Department has approved a local law or ordinance under section
					 1.7 of this Subpart, any local law
					 or ordinance that is aimed at establishing or implementing a petroleum bulk
					 storage program, is preempted.
(b)
					 The Department retains sole authority to administer and enforce this Part with
					 respect to any public authority created under the Public Authorities Law, any
					 State agency, any major facility, or any facility with a hydrant
					 system.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 613 - Petroleum Bulk Storage › Subpart 613-1 - General Provisions › Section 613-1.7 - Approval of local laws or ordinances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Department may approve a local law or
					 ordinance that establishes a local petroleum bulk storage program (local
					 program) for a city with a population over one million or a county when such
					 local law or ordinance provides environmental protection equal to or greater
					 than:
(1) the requirements of ECL article 17,
					 title 10;
(2) the applicable
					 requirements of ECL article 71; and
(3) the requirements of this Part, excluding
					 Subpart 7 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 613 - Petroleum Bulk Storage › Subpart 613-1 - General Provisions › Section 613-1.8 - Variances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
					 may, upon written request from any person subject to this Part, grant a
					 variance from one or more provisions of this Part. An application for a
					 variance must:
(1) identify the specific
					 provisions of this Part from which a variance is sought;
(2) demonstrate that the proposed activity
					 will have no adverse impact on public health and the environment;
(3) demonstrate that the proposed activity
					 will be consistent with the provisions of the ECL;
(4) demonstrate that the proposed activity
					 will provide environmental protection equal to or greater than the requirements
					 of this Part; and
(5) provide the
					 department with appropriate evidence that the new or alternative designs,
					 practices, or methods meet the criteria of this subdivision.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 613 - Petroleum Bulk Storage › Subpart 613-1 - General Provisions › Section 613-1.9 - Registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
(1) The facility
					 owner must register the facility with the Department and obtain an initial or
					 revised registration certificate prior to the first receipt of petroleum into a
					 new or replaced tank system. For the purposes of registration, compartments of
					 a compartmented tank system must be registered as separate tanks.
(2) The current registration certificate must
					 be signed by the facility owner and displayed at all times in a conspicuous
					 location at the facility.
(3)
					 Registration must be renewed every five years after the date of the last valid
					 registration certificate until the Department receives written notice and
					 documentation from the facility owner that the facility has been permanently
					 closed in accordance with the provisions of this Part, or that ownership of the
					 facility has been transferred in accordance with paragraph (c)(3) of this
					 section.
(4) The facility owner
					 must ensure that the registration information identified in subparagraph
					 (c)(4)(i) of this section remains current and accurate. In addition, every
					 temporary tank system that is not removed within 180 days after installation
					 must be included on the facility registration.
(5) The facility owner must submit all
					 registration applications in accordance with the procedures in subdivision (c)
					 of this section and using forms or electronic means provided by the Department.
					 Forms are available online at
www.dec.ny.gov
and at all Department offices. The
					 facility owner may rely on an authorized representative to satisfy any
					 obligation imposed on the owner by the provisions of this
					 section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 613 - Petroleum Bulk Storage › Subpart 613-1 - General Provisions › Section 613-1.11 - Use of equivalent technology

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where specified in this Part, the
					 Department may approve the use of an equivalent technology, method, or practice
					 by any person subject to this Part. A request to use equivalent technology
					 must:
(1) identify the applicable provision
					 of this Part; and
(2) include
					 documentation, data, plans, specifications, and test results that demonstrate
					 that the technology, method, or practice desired to be used will protect the
					 public health, safety, and welfare, and the environment in a manner which
					 equals or exceeds the requirements of the applicable provision 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 613 - Petroleum Bulk Storage › Subpart 613-1 - General Provisions › Section 613-1.12 - Tank system maintenance

Current through Register Vol. 46, No. 28, July 10, 2024
Tank system components must be maintained to be in good
						working order.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 613 - Petroleum Bulk Storage › Subpart 613-1 - General Provisions › Section 613-1.13 - 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 (ECL).
(b) Where a spill of petroleum has occurred
					 or is suspected, the Department may order the facility to inspect or test any
					 tank system, location, and/or associated equipment which might be the source of
					 the actual or suspected spill and to test for the tightness and structural
					 soundness. If the facility fails to conduct such inspections and tests within
					 ten days after receipt of the Department's order, the Department may conduct
					 inspections or tests for tightness. The expenses of conducting such tests as
					 ordered by the Department must be paid by the tank system owner.
(c) If the tank system owner or operator
					 fails to comply with these regulations, the facility 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(c) 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 613 - Petroleum Bulk Storage › Subpart 613-1 - General Provisions › Section 613-1.14 - 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 will 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 613 - Petroleum Bulk Storage › Subpart 613-1 - General Provisions › Section 613-1.15 - Future climate risk

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the requirements set forth in this Part,
						facilities must take into account the provisions of ECL section 17-1015 to
						comply with the provisions 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 613 - Petroleum Bulk Storage › Subpart 613-1 - General Provisions › Section 613-1.16 - 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 evidence 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 613 - Petroleum Bulk Storage › Subpart 613-2 - UST Systems Subject to Both Subtitle I and Title 10 › Section 613-2.1 - UST systems

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability
.
(1) The
					 provisions of this Subpart apply to UST systems that are part of a facility
					 except for UST systems that are subject to Subpart 3 or 5 of this Part. Every
					 UST system covered by this Subpart is subject to regulation pursuant to
					 Subtitle I and Title 10.
(2)
Alternatives allowed.
UST systems with field-constructed tanks
					 with a design capacity greater than 50,000 gallons that are subject to this
					 Subpart may utilize the alternatives provided in subdivision (c) of this
					 section and subdivisions
					 2.3(e) and (f)  of
					 this Subpart.
(3)
Partial
					 exclusion
. Only the provisions of subdivision (d) of this section and
					 Subpart 7 of this Part apply to wastewater treatment tank systems that are
					 subject to this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 613 - Petroleum Bulk Storage › Subpart 613-2 - UST Systems Subject to Both Subtitle I and Title 10 › Section 613-2.2 - General installation, operation, and maintenance requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Installation requirements
.
(1)
Category 1 requirements
.
					 Reserved.
(2)
Category 2
					 requirements
. Category 2 tank system components must have met the
					 following requirements:
(i) Tank system
					 components were installed in accordance with the manufacturer's instructions
					 and NFPA 30, 1984 edition.
(ii)
					 Piping in contact with the ground was tightness tested in accordance with
					 paragraph 2.3(d)(2) of this Subpart before being covered, enclosed, or placed
					 in use.
(iii) Tank system joints
					 were liquid-tight and air-tight.
(iv) Any damage to tank coatings was repaired
					 in accordance with manufacturer's instructions prior to
					 backfilling.
(3)
Category 3 requirements
. Category 3 tank system components
					 must meet the following requirements:
(i) Tank
					 system components are properly installed in accordance with the manufacturer's
					 instructions and one of the following codes of practice (refer to section
					 1.10  of this Part for complete
					 citation of references):
(a) API RP 1615,
					 April 2011;
(b) PEI RP100, 2011
					 edition;
(c) NFPA 30 and 30A, 2012
					 editions; or
(d) a code of practice
					 developed by a nationally recognized association or independent testing
					 laboratory and approved by the Department.
(ii) Any damage to tank coatings is repaired
					 in accordance with manufacturer's instructions prior to backfilling.
(iii) A signed statement by the installer
					 certifying that the tank system component was installed in compliance with
					 subparagraph (i) of this paragraph, and one of the following documents, must be
					 submitted to the Department within 30 days of installation and retained for the
					 life of the UST system:
(a) records the
					 installer has been certified by the tank or piping manufacturers, as
					 applicable;
(b) the completed
					 manufacturer's installation checklist showing that the tank or piping segment
					 was installed in accordance with the manufacturer's instructions; or
(c) records the tank or piping segment
					 installation has been inspected and certified by a registered professional
					 engineer with education and experience in UST system
					 installation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 613 - Petroleum Bulk Storage › Subpart 613-2 - UST Systems Subject to Both Subtitle I and Title 10 › Section 613-2.3 - 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 are in
					 contact with the ground or are in inaccessible areas, and routinely contain
					 petroleum;
(ii) is installed and
					 calibrated in accordance with the manufacturer's instructions; and
(iii) meets the requirements of subdivisions
					 (c) through (f) of this section, as applicable. In addition, the methods listed
					 under paragraphs (c)(2), (3), (4), (8) and (9), (d)(1) through (3), (e)(1)
					 through (5), and (f)(1) through (4) 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 613 - Petroleum Bulk Storage › Subpart 613-2 - UST Systems Subject to Both Subtitle I and Title 10 › Section 613-2.4 - Reporting, investigation, and confirmation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Reporting
					 responsibilities
. The reporting requirements of subdivisions (b) and
					 (e) of this section apply to the following persons:
(1) the facility owner;
(2) the tank system owner;
(3) the operator;
(4) the carrier;
(5) any contractor in a contractual
					 relationship with the facility owner, tank system owner, or operator;
(6) any other party and its contractors who
					 have been retained as part of a business transaction relating to the
					 facility;
(7) 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 613 - Petroleum Bulk Storage › Subpart 613-2 - UST Systems Subject to Both Subtitle I and Title 10 › Section 613-2.5 - 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 613 - Petroleum Bulk Storage › Subpart 613-2 - UST Systems Subject to Both Subtitle I and Title 10 › Section 613-2.6 - Out-of-service UST 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 subparagraph 1.9(c)(4)(ii)
					 of this Part, indicating that the tank system is out of service; or
(ii) the tank system is no longer receiving
					 or dispensing petroleum. Within 30 days after the tank system no longer
					 receives or dispenses petroleum, the facility owner (or their authorized
					 representative) must submit an application to the Department, in accordance
					 with subparagraph 1.9(c)(4)(ii) 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 613 - Petroleum Bulk Storage › Subpart 613-3 - UST Systems Subject Only to Title 10 › Section 613-3.1 - UST systems: design, construction, and equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability
. The
					 provisions of this Subpart apply to UST systems that are part of a facility,
					 where the UST system:
(1) contains heating
					 oil used for on-premises consumption;
(2) has a storage capacity of 1,100 gallons
					 or less and stores motor fuel for noncommercial purposes
					 (
i.e.
, not for resale) at a farm or residence; or
(3) is part of an emergency generator system
					 at nuclear power generation facilities regulated by the Nuclear Regulatory
					 Commission under  10 CFR Part 50.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 613 - Petroleum Bulk Storage › Subpart 613-3 - UST Systems Subject Only to Title 10 › Section 613-3.2 - General installation, operation, and maintenance requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Installation requirements.
(1)
Category 1 requirements
.
					 Reserved.
(2)
Category 2
					 requirements
. Category 2 tank system components must have met the
					 following requirements:
(i) Tank system
					 components were installed in accordance with the manufacturer's instructions
					 and NFPA 30, 1984 edition.
(ii)
					 Piping in contact with the ground was tightness tested in accordance with
					 paragraph 3.3(d)(2) of this Subpart before being covered, enclosed, or placed
					 in use.
(iii) Tank system joints
					 were liquid-tight and air-tight.
(iv) Any damage to tank coatings was repaired
					 in accordance with manufacturer's instructions prior to
					 backfilling.
(3)
Category 3 requirements
. Category 3 tank system components
					 must meet the following requirements:
(i) Tank
					 system components are properly installed in accordance with the manufacturer's
					 instructions and one of the following codes of practice (refer to section
					 1.10  of this Part for complete
					 citation of references):
(a) API RP 1615,
					 April 2011;
(b) PEI RP100, 2011
					 edition;
(c) NFPA 30 and 30A, 2012
					 editions; or
(d) a code of practice
					 developed by a nationally recognized association or independent testing
					 laboratory and approved by the Department.
(ii) Piping in contact with the ground is
					 tightness tested in accordance with paragraph 3.3(d)(2) of this Subpart before
					 being covered, enclosed, or placed in use.
(iii) Tank system joints are liquid-tight and
					 air-tight.
(iv) Any damage to tank
					 coatings is repaired in accordance with manufacturer's instructions prior to
					 backfilling.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 613 - Petroleum Bulk Storage › Subpart 613-3 - UST Systems Subject Only to Title 10 › Section 613-3.3 - 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 are in
					 contact with the ground or are in inaccessible areas, and routinely contain
					 petroleum;
(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), (2), (7), and (d)(1) through (3) 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 613 - Petroleum Bulk Storage › Subpart 613-3 - UST Systems Subject Only to Title 10 › Section 613-3.4 - Reporting, investigation, and confirmation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Reporting
					 responsibilities
. The reporting requirements of subdivisions (b) and
					 (e) of this section apply to the following persons:
(1) the facility owner;
(2) the tank system owner;
(3) the operator;
(4) the carrier;
(5) any contractor in a contractual
					 relationship with the facility owner, tank system owner, or operator;
(6) any other party and its contractors who
					 have been retained as part of a business transaction relating to the
					 facility;
(7) 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 613 - Petroleum Bulk Storage › Subpart 613-3 - UST Systems Subject Only to Title 10 › Section 613-3.5 - Out-of-service UST 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 subparagraph 1.9(c)(4)(ii)
					 of this Part, indicating that the tank system is out of service; or
(ii) the tank system is no longer receiving
					 or dispensing petroleum. Within 30 days after the tank system no longer
					 receives or dispenses petroleum, the facility owner (or their authorized
					 representative) must submit an application to the Department, in accordance
					 with subparagraph 1.9(c)(4)(ii) of this Part, indicating that the tank system
					 is out of service.