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 598-1.14 - Registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Registration of facilities.
(1) General. The
					 owner must obtain an initial or revised registration certificate from the
					 department prior to the first receipt of a hazardous substance into a tank
					 system. The facility owner must ensure that the registration information
					 identified in paragraph (a)(5) of this subdivision remains current and
					 accurate. In addition, every temporary tank system that is not removed within
					 90 days after installation must either be included on a new facility
					 registration or be added to an existing facility's registration. The owner may
					 rely on an authorized representative to satisfy any obligation imposed on the
					 owner by the provisions of this section.
(2) Transition from earlier regulation.
					 Unless the registration certificate must be revised or newly issued pursuant to
					 the terms of paragraphs (1) or (4) of this subdivision, a registration
					 certificate held by a facility on EFFECTIVE DATE that was issued pursuant to
					 terms of the former Part 596 of this Title remains valid until the expiration
					 date recorded on the certificate.
(3) Renewal. Registration must be renewed
					 every two years from the date of the last valid registration certificate until
					 the department receives written notice and documentation from the owner that
					 the facility has been permanently closed, or that ownership of the facility has
					 been transferred in accordance with paragraph (4) of this
					 subdivision.
(4) Application
					 procedure for new facilities and transfer of ownership.
(i) If ownership of the real property on
					 which a facility is located is transferred, the new owner must submit an
					 application to initially register the facility with the department within 30
					 days after the transfer.
(ii) The
					 owner must apply for a registration certificate using forms or electronic means
					 as provided by the department. Forms are available online at
www.dec.ny.gov
and at all department
					 offices.
(iii) Each application for
					 a new registration or transfer of facility ownership must be accompanied by a
					 copy of the current deed for the property at which the facility is located. If
					 the facility is located on multiple properties, deeds for each property must be
					 submitted with the application. If a deed does not exist for a particular
					 property, the application must be accompanied by other evidence of ownership of
					 the property.
(iv) The application
					 must be signed by the owner or owner's authorized representative.
(v) Every application for a registration
					 certificate must be accompanied by payment of the applicable registration fee
					 established in subdivision (b) of this section.
(5) Application procedure for information
					 correction.
(i) Within 30 days after any of
					 the information identified in subparagraph (iii) of this paragraph changes at
					 the facility, the facility owner must submit an application to the department
					 reflecting the changes to keep the registration current and accurate. The owner
					 must submit information corrections for registered facilities using forms or
					 electronic means as provided by the department. Forms are available online at
www.dec.ny.gov
and at all department
					 offices.
(ii) The registration
					 application must be signed by the owner.
(iii) Changes in the following registration
					 items are considered information corrections:
('a') contact information;
('b') tank system owner;
('c') facility operator;
('d') Class A or Class B operator;
('e') tank system status (e.g., the tank
					 becoming out-of-service or returning to service);
('f') tank system equipment; or
('g') type of hazardous substance
					 stored.
(iv) No
					 registration fee is required for submitting corrections of
					 information.
(6)
					 Application procedure for permanent closure of tank systems.
(i) When a tank system is going to be
					 permanently closed, the owner must notify the department of this action at
					 least 30 days prior to the permanent closure (unless such action is in response
					 to corrective action in accordance with Subpart 6 of this Part) using forms or
					 electronic means provided by the department. For any tank removed from a
					 registered facility, any change in applicable fees will not be assessed until
					 the registration is due for renewal.
(ii) Within 30 days after permanent closure,
					 the owner must submit an application to the department indicating that the tank
					 system has been permanently closed. The application must be signed by the
					 owner.
(7) Registration
					 certificate. Upon submittal of a complete registration application and payment
					 of the applicable registration fee, the department will issue a registration
					 certificate. The current registration certificate must be displayed at all
					 times in a conspicuous location at the facility.
(8) Advance notification of installation of a
					 tank system.
(i) When a tank is intended for
					 installation, the owner must notify the department of this action at least 30
					 days prior to installing the tank, using forms or electronic means provided by
					 the department, unless immediate action is required to protect public health,
					 safety, or the environment or immediate action is necessary to keep the
					 facility operating. When immediate action is required, the department must be
					 notified no later than two hours after the decision is made by the owner to
					 act.
(ii) Within 30 days after tank
					 installation, the owner must submit an application to the department indicating
					 that the tank has been installed. The application must be signed by the owner.
					 (b) Registration fees for facilities.
(1)
					 Registration fees. Registration fees are assessed on the basis of the size and
					 number of tanks in each system. Manifolded tanks are considered to be a single
					 tank within a tank system for registration purposes. For the largest 250 tanks
					 at the facility, the owner must submit with each application for registration,
					 reregistration or renewal, a two-year fee as follows:
Design Capacity of Tank Fee
Less than or equal to 550 gallons: $50 per tank
551-1 ,100 gallons: $100 per tank
Greater than 1,100 gallons: $125 per tank
For each additional tank at the facility, the fee is as
						follows:
Design Capacity of Tank Fee
Less than or equal to 550 gallons: $ 50 per tank
551-1 ,100 gallons: $75 per tank
Greater than 1,100 gallons: $75 per tank
In no case shall the registration fee charged for all
						tank systems located at a facility exceed $50,000.
(2) Fee increases due to newly installed tank
					 systems. No increased fee is due on account of newly installed tank systems at
					 a facility until the facility's registration is due for
					 renewal.