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 128-3.2 - Hazardous substances and hazardous wastes

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 hazardous substances or hazardous wastes 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 storage facilities or
					 new tanks at an existing facility for the storage of hazardous substances
					 regulated under Part 596 of Title 6 NYCRR, and new process tanks, as defined in
					 section 596.(c)(35) of Title 6 NYCRR, which would be regulated under Part 596
					 of Title 6 NYCRR if not for the exemption of process tanks under section
					 596.1(b)(3)(i)
					 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, except as provided in
					 subdivision (d) of this section.
(c) The owner or operator of a new facility,
					 or a new or substantially modified tank at an existing facility, for the
					 storage of hazardous substances which is regulated under Part 596 of Title 6
					 NYCRR and which is located between the limiting distance of 100 and 250 feet of
					 a watercourse or wetland, must comply with the following conditions:
(1) The owner or operator shall submit to the
					 department a copy of any registration forms required by sections
					 596.2(d) and (e) of Title 6 NYCRR and any notification forms
					 required by section
					 596.2(f)
					 of Title 6 NYCRR at the time such forms are submitted to the New York State
					 Department of Environmental Conservation. When, on an emergency basis, new
					 storage tanks are installed or existing storage tanks are substantially
					 modified in order to protect public health, safety or the environment, the
					 owner or operator shall notify the department no later than two hours after the
					 decision is made by the owner or operator to install or substantially modify
					 the tank.
(2) The owner or operator
					 shall submit to the department a copy of any spill prevention report required
					 to be prepared or updated by section
					 598.1(k)
					 of Title 6 NYCRR, within 30 days of preparing or updating such
					 report.
(3) Failure to comply with
					 the provisions of section 596.6 of Title 6 NYCRR (spill response, investigation
					 and corrective action) is a violation of these rules and regulations.
(4) Failure to comply with Part 599 of Title
					 6 NYCRR (Standards for New or Modified Hazardous Substance Storage Facilities)
					 is a violation of this Part.