New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-3 - Regulated Activities › Section 128-3.4 - Petroleum products

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Unless otherwise permitted by these rules and regulations, a discharge, or
					 storage which is reasonably likely to lead to a discharge, of petroleum
					 products into the environment (including into groundwater), and which is
					 reasonably likely to cause degradation of surface water quality or of the water
					 supply, is prohibited. It shall be an affirmative defense under this subsection
					 that such discharge, or storage likely to lead to a discharge, is either
					 permitted or not prohibited under Federal law, and is either permitted or not
					 prohibited under State law.
(b) New
					 aboveground and underground petroleum storage facilities, which require
					 registration under Part 612 of Title 6 NYCRR, or new tanks which expand the
					 capacity of existing facilities which require registration under Part 612 of
					 Title 6 NYCRR, are prohibited within the limiting distance of 100 feet of a
					 watercourse or wetland, or within the limiting distance of 500 feet of a
					 reservoir, reservoir stem, or controlled lake. Notwithstanding this
					 prohibition, the expansion of an existing aboveground or underground petroleum
					 storage facility shall be allowed within the aforesaid limiting distances
					 provided that the owner or operator of such facility demonstrates to the
					 department that the application of the limiting distances would preclude the
					 continuation of an existing business.
(c) New home heating oil tanks not requiring
					 registration under Part 612 of Title 6 NYCRR, within the limiting distance of
					 100 feet of a watercourse or wetland, or within the limiting distance of 500
					 feet of a reservoir, reservoir stem, or controlled lake are prohibited from
					 being installed underground and shall be located either aboveground or
					 contained in a basement with a concrete or other impervious floor.
(d) New aboveground and underground petroleum
					 storage tanks of 185 gallons or more which are neither home heating oil tanks
					 regulated under subdivision (c) of this section nor located at facilities
					 requiring registration under Part 612 of Title 6 NYCRR, are prohibited within
					 the limiting distance of 25 feet of a watercourse or wetland, or within the
					 limiting distance of 300 feet of a reservoir, reservoir stem, or controlled
					 lake, except that such new tanks may be allowed within the aforesaid limiting
					 distances provided that the applicant demonstrates to the department that
					 application of the limiting distances would preclude the continuation of an
					 existing business or the continued identical use of the existing
					 facility.
(e) Subdivisions (b),
					 (c), and (d) shall not apply to:
(1) the
					 storage of any petroleum products that is a noncomplying regulated
					 activity;
(2) the storage of
					 petroleum products for agricultural purposes;
(3) the replacement in kind of existing
					 petroleum storage facilities or tanks;
(4) the storage of petroleum products where
					 such storage is necessary to operate a wastewater treatment plant approved by
					 the department; and
(5) the storage
					 of petroleum products where such storage is made necessary by construction of a
					 new facility or the alteration or modification of an existing facility used in
					 connection with the operation of a public water supply system.