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 613 - Petroleum Bulk Storage › Subpart 613-4 - AST Systems › Section 613-4.1 - AST systems

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability
.
(1) The
					 provisions of this Subpart apply to AST systems that are part of a facility
					 except for AST systems that are subject to Subpart 5 of this Part.
(2)
AST systems with
					 field-constructed tanks with a design capacity greater than 50,000
					 gallons.
AST 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
					 paragraph 4.3(d)(3) 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 613 - Petroleum Bulk Storage › Subpart 613-4 - AST Systems › Section 613-4.2 - 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) AST
					 systems were supported on a well-drained stable foundation which prevents
					 movement, rolling, or settling of the tank and is designed to minimize
					 corrosion of the tank bottom.
(iii)
					 Aboveground tanks, pipes and distribution equipment were not located along
					 highway curves or otherwise exposed to traffic hazards.
(iv) Tanks were tightness tested, as
					 installed, prior to first receipt of petroleum.
(v) Piping in contact with the ground was
					 tightness tested in accordance with paragraph 4.3(d)(2) of this Subpart before
					 being covered, enclosed, or placed in use.
(vi) Tank system joints were liquid-tight and
					 air-tight.
(3)
Category 3 requirements
. Category 3 tank system components
					 must meet the following requirements:
(i) Tank
					 system components are properly installed in accordance with NFPA 30, 2012
					 edition.
(ii) AST systems are
					 supported on a well-drained stable foundation which prevents movement, rolling,
					 or settling of the tank and is designed to minimize corrosion of the tank
					 bottom.
(iii) Aboveground tanks,
					 pipes and distribution equipment must not be located along highway curves or
					 otherwise exposed to traffic hazards.
(iv) Tanks are tightness tested in accordance
					 with paragraph 4.3(c)(1) of this Subpart and inspected in accordance with one
					 of the following codes of practice (refer to section
					 1.10  of this Part for complete
					 citation of references), as installed, prior to first receipt of petroleum:
(a) API Standard 650, March 2013;
(b) API Standard 653, April 2009;
(c) NFPA 30, 2012 edition;
(d) PEI RP200, 2013 edition;
(e) STI SP001, September 2011;
(f) UL 142, December 2006; or
(g) a code of practice developed by a
					 nationally recognized association or independent testing laboratory and
					 approved by the Department.
(v) Records of the tank tightness test and
					 inspection required under subparagraph (iv) of this paragraph must be retained
					 for five years, and a copy of the results of the tank tightness testing must be
					 submitted to the Department within 30 days performance of the test.
(vi) Piping in contact with the ground is
					 tightness tested in accordance with paragraph 4.3(d)(2) of this Subpart before
					 being covered, enclosed, or placed in use.
(vii) Tank system joints are liquid-tight and
					 air-tight.
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 613-4 - AST Systems › Section 613-4.3 - Inspections and leak detection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General inspection and leak
					 detection requirements
.
(1) A
					 method, or combination of methods, of inspection and leak detection must be
					 provided, that:
(i) can assess the
					 integrity/remaining useful life of, and detect a leak from any portion of the
					 tank and the piping that are in contact with the ground and routinely contain
					 petroleum;
(ii) is performed in
					 accordance with an acceptable code of practice, or 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), and (d)(1), (2), and (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 613-4 - AST Systems › Section 613-4.4 - 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 613-4 - AST Systems › Section 613-4.5 - Out-of-service AST 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 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 613-5 - Hydrant Systems › Section 613-5.1 - Tank systems: design, construction, and equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability
. The
					 provisions of this Subpart apply to hydrant systems.
(b)
Design and equipment requirements
					 for hydrant systems
. Hydrant systems must meet the following
					 requirements:
(1)
Tank
					 requirements
.
(i)
UST
					 systems
. Tanks that are part of UST systems must meet the requirements
					 of paragraph 2.1(b)(1) of this Part, with the exception of the following:
(a) field-constructed tanks with a design
					 capacity greater than 50,000 gallons, which may instead meet the alternative
					 requirements of paragraph 2.1(c)(1) of this Part; and
(b) ASTs, which must instead meet the
					 requirements of paragraph 4.1(b)(1) 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 613-5 - Hydrant Systems › Section 613-5.2 - General installation, operation, and maintenance requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Installation requirements
.
(1)
UST systems
. Components
					 of UST systems must meet the requirements of subdivision
					 2.2(a)  of this
					 Part, with the exception of ASTs, which must meet the requirements of
					 subdivision
					 4.2(a)  of this
					 Part.
(2)
AST
					 systems
. Components of AST systems must meet the requirements of
					 subdivision
					 4.2(a)  of this
					 Part, with the exception of USTs, which must meet the requirements of
					 subdivision
					 3.2(a)  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 613-5 - Hydrant Systems › Section 613-5.3 - Inspections and leak detection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
UST systems
. Components
					 of UST systems must be monitored for leaks in accordance with section
					 2.3  of this Part, with the
					 exception of ASTs, which must meet the requirements of section
					 4.3 of this Part.
(b)
AST systems
. Components
					 of AST systems must be inspected and monitored for leaks in accordance with
					 section 4.3 of this Part, with the
					 exception of USTs, which must meet the requirements of section
					 3.3  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 613-5 - Hydrant Systems › Section 613-5.4 - Reporting, investigation, and confirmation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
UST systems
. Leaks and
					 suspected leaks from UST systems must be reported and addressed in accordance
					 with section
					 2.4  of this Part, with the
					 exception of those from ASTs, which must meet the requirements of section
					 4.4 of this Part.
(b)
AST systems
. Leaks and
					 suspected leaks from AST systems must be reported and addressed in accordance
					 with section
					 4.4 of this Part, with the
					 exception of those from USTs, which must meet the requirements of section
					 3.4  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 613-5 - Hydrant Systems › Section 613-5.5 - Operator training

Current through Register Vol. 46, No. 28, July 10, 2024
UST systems must have Class A, Class B, and Class C
						Operators who meet the requirements of section
						2.5 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 613-5 - Hydrant Systems › Section 613-5.6 - Out-of-service hydrant systems and closure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
UST systems
. UST systems
					 that are taken out of service or undergo permanent closure, must meet the
					 requirements of section
					 2.6 of this Part, with the
					 exception of ASTs that undergo such actions, which must meet the requirements
					 of section 4.5 of this Part.
(b)
AST systems
. AST systems
					 that are taken out of service or undergo permanent closure, must meet the
					 requirements of section
					 4.5 of this Part, with the
					 exception of USTs that undergo such actions, which must meet the requirements
					 of section 3.5  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 613-6 - Delivery Prohibition › Section 613-6.1 - 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 petroleum. 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 covered under section
					 2.1(a),
					 3.1(a)(2), or
					 5.1(a) of this
					 Part, or a UST that is part of an AST system covered under subdivision
					 5.1(a) of this
					 Part, is missing one or more of the following equipment:
(a) secondary containment equipment required
					 under:
(1) section
					 2.1(b)(1)(ii) 
					 (
e
), 2.1(b)(1)(iii)(
e
),
					 2.1(b)(2)(iii)(
c
), 2.1(c)(1)(ii) or (iii), or 2.1(c)(2)(iii)
					 of this Part;
(2) clause
					 3.1(b)(1)(ii)(
e
) or 3.1(b)(1)(iii)(
e
) of this
					 Part; or
(3) subparagraph
					 5.1(b)(1)(i) or (ii), or 5.1(b)(2)(i) of this Part;
(b) overfill prevention equipment required
					 under paragraph 2.1(b)(3), 3.1(b)(3), or 5.1(b)(3) of this Part;
(c) fill port catch basins required under
					 paragraph 2.1(b)(4) or 5.1(b)(4) of this Part;
(d) cathodic protection equipment required
					 under:
(1) section
					 2.1(b)(1)(i) 
					 (
b
)(
2
) or (
3
),
					 2.1(b)(1)(ii)(
b
), 2.1(b)(1)(iii)(
b
),
					 2.1(b)(2)(i)(
a
) or (
b
),
					 2.1(b)(2)(iii)(
b
), 2.1(c)(1)(i), (ii), or (iii), 2.1(c)(2)(i),
					 (ii), or (iii), 3.1(b)(1)(ii)(
b
),
(2) clause
					 3.1(b)(1)(iii)(
b
), 3.1(b)(2)(ii)(
b
), or
					 3.1(b)(2)(iii)(
b
) of this Part; or
(3) subparagraph 5.1(b)(1)(i) or (ii), or
					 5.1(b)(2)(i) of this Part;
(e) leak detection equipment required under
					 subdivision(s) 2.3(a) and (b), 3.3(a) and (b), or 5.3(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 613 - Petroleum Bulk Storage › Subpart 613-6 - Delivery Prohibition › Section 613-6.2 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Delivery prohibition
. No person may deliver or cause the
					 delivery of petroleum to any tank system whose fill port has a tag attached. No
					 person may accept petroleum 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 613 - Petroleum Bulk Storage › Subpart 613-6 - Delivery Prohibition › Section 613-6.3 - 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 petroleum, 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 613 - Petroleum Bulk Storage › Subpart 613-7 - Release Response and Corrective Action › Section 613-7.1 - 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 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 613 - Petroleum Bulk Storage › Subpart 613-7 - Release Response and Corrective Action › Section 613-7.2 - Initial Response

Current through Register Vol. 46, No. 28, July 10, 2024
In response to a release at a facility, the following
						initial response actions must be performed immediately:
(a) identify and mitigate fire, explosion,
					 and vapor hazards;
(b) take
					 immediate action to prevent any further release of petroleum; 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 613 - Petroleum Bulk Storage › Subpart 613-7 - Release Response and Corrective Action › Section 613-7.3 - 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 to
					 prevent further release;
(2)
					 visually inspect any aboveground releases or exposed belowground releases and
					 prevent further petroleum migration;
(3) continue to monitor and mitigate any
					 additional fire and safety hazards posed by vapors or free product 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 section
					 2.4(d)(2),
					 3.4(d)(2),
					 4.4(d)(2), or
					 5.4(a) or (b) of
					 this Part, or the site assessment required by subdivision
					 2.6(c) or
					 5.6(a) of this
					 Part. In selecting sample types, sample locations, and measurement methods, the
					 facility must consider the nature of the petroleum 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
					 7.5 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 613 - Petroleum Bulk Storage › Subpart 613-7 - Release Response and Corrective Action › Section 613-7.4 - 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
					 7.3 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(d)(2),
					 3.4(d)(2),
					 4.4(d)(2), or
					 5.4(a) or (b) of
					 this Part; and
(4) results of the
					 free product investigations required under section
					 7.3(a)(6) of this
					 Subpart, to be used by the facility to determine whether free product must be
					 recovered under section
					 7.5 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 613 - Petroleum Bulk Storage › Subpart 613-7 - Release Response and Corrective Action › Section 613-7.5 - Free product removal

Current through Register Vol. 46, No. 28, July 10, 2024
At a facility where an investigation under section
						7.3(a)(6) of this
						Subpart indicates the presence of free product, the facility must undertake
						corrective action to meet the cleanup objectives of Part 611 of this Title. 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 613 - Petroleum Bulk Storage › Subpart 613-7 - Release Response and Corrective Action › Section 613-7.6 - 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
					 7.5 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
					 7.2 through
					 7.5 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 613 - Petroleum Bulk Storage › Subpart 613-7 - Release Response and Corrective Action › Section 613-7.7 - 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
					 7.2 through
					 7.4 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
					 7.2 through
					 7.4 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 petroleum, 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 613 - Petroleum Bulk Storage › Subpart 613-7 - Release Response and Corrective Action › Section 613-7.8 - Public Participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 For each confirmed release that requires a corrective action plan, the
					 Department will provide an opportunity for public involvement by those members
					 of the public directly affected by the release and the planned corrective
					 action. This notice may include public notice in local newspapers, block
					 advertisements, public service announcements, e-mail, publication in a State
					 Register, letters to individual households, or personal contacts by field
					 staff.
(b) The Department will
					 ensure that site release information and decisions concerning the corrective
					 action plan are made available to the public for inspection upon
					 request.
(c) Before approving a
					 corrective action plan, the Department may hold a public meeting to consider
					 comments on the proposed corrective action plan if there is sufficient public
					 interest, or for any other reason.
(d) The Department will provide public notice
					 that complies with subdivision (a) of this section if implementation of an
					 approved corrective action plan does not achieve the established cleanup levels
					 in the plan and termination of that plan is under consideration 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 613-8 - Financial Responsibility › Section 613-8.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The provisions of this Subpart apply to tank system owners and operators of all
					 UST systems that are subject to Subpart 2 or 5 of this Part, except for the
					 following:
(1) tank system owners and
					 operators of:
(i) UST systems with a storage
					 capacity of 110 gallons or less; or
(ii) wastewater treatment 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 613-8 - Financial Responsibility › Section 613-8.2 - Definition of terms

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Subpart, the following terms have the
						meanings given below:
(a)
Accidental release
means any sudden or non-sudden release of
					 petroleum arising from operating an underground storage tank that results in a
					 need for corrective action and/or compensation for bodily injury or property
					 damage neither expected nor intended by the tank system owner or
					 operator.
(b)
Bodily
					 injury
has the meaning given to this term by applicable state law;
					 however, this term does not include those liabilities which, consistent with
					 standard insurance industry practices, are excluded from coverage in liability
					 insurance policies for bodily injury.
(c)
Chief Financial Officer
,
					 in the case of local government tank system owners and operators, means the
					 individual with the overall authority and responsibility for the collection,
					 disbursement, and use of funds by the local government.
(d)
Controlling interest
means direct ownership of at least 50 percent of the voting stock of another
					 entity.
(e)
Financial
					 reporting year
means the latest consecutive twelve-month period for
					 which any of the following reports used to support a financial test is
					 prepared:
(1) a 10-K report submitted to the
					 SEC;
(2) an annual report of
					 tangible net worth submitted to Dun and Bradstreet; or
(3) annual reports submitted to the Energy
					 Information Administration or the Rural Utilities Service.
This term may comprise a fiscal or a calendar year
						period.
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 613-8 - Financial Responsibility › Section 613-8.3 - Amount and scope of required financial responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Tank system owners or operators of
					 petroleum underground storage tanks must demonstrate financial responsibility
					 for taking corrective action and for compensating third parties for bodily
					 injury and property damage caused by accidental releases arising from the
					 operation of petroleum underground storage tanks in at least the following
					 per-occurrence amounts:
(1) for tank system
					 owners or operators of petroleum underground storage tanks that are located at
					 petroleum marketing facilities, or that handle an average of more than 10,000
					 gallons of petroleum per month based on annual throughput for the previous
					 calendar year; $1 million.
(2) for
					 all other tank system owners or operators of petroleum underground storage
					 tanks; $500,000.
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 613-8 - Financial Responsibility › Section 613-8.5 - Reporting by tank system owner or operator

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A tank system owner or operator must
					 submit the appropriate forms listed under subdivision
					 8.6(b) of this
					 Subpart documenting current evidence of financial responsibility to the
					 Commissioner of the Department:
(1) within 30
					 days after the tank system owner or operator identifies a release from an
					 underground storage tank required to be reported under 2.4(d), 5.4(a), or
					 6.2;
(2) if the tank system owner
					 or operator fails to obtain alternate coverage as required by this Subpart,
					 within 30 days after the tank system owner or operator receives notice of:
(i) commencement of a voluntary or
					 involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a
					 provider of financial assurance as a debtor;
(ii) suspension or revocation of the
					 authority of a provider of financial assurance to issue a financial assurance
					 mechanism;
(iii) failure of a
					 guarantor to meet the requirements of the financial test;
(iv) other incapacity of a provider of
					 financial assurance; or
(3) as required by subparagraph 8.4(d)(1)(vi)
					 and paragraph 8.4(f)(2) 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 613 - Petroleum Bulk Storage › Subpart 613-8 - Financial Responsibility › Section 613-8.7 - Use and maintenance of financial assurance mechanisms

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Drawing on financial assurance
					 mechanisms
.
(1) Except as specified
					 in paragraph (4) of this subdivision, the Commissioner of the Department will
					 require the guarantor, surety, or institution issuing a letter of credit to
					 place the amount of funds stipulated by the Commissioner, up to the limit of
					 funds provided by the financial assurance mechanism, into the standby trust if:
(i)
(a) the
					 tank system owner or operator fails to establish alternate financial assurance
					 within 60 days after receiving notice of cancellation of the guarantee, surety
					 bond, letter of credit, or, as applicable, other financial assurance mechanism;
					 and
(b) the Commissioner determines
					 or suspects that a leak from an underground storage tank covered by the
					 mechanism has occurred and so notifies the tank system owner or operator, or
					 the tank system owner or operator has notified the Commissioner pursuant to
					 subdivision
					 2.4(e), section
					 5.4, or Subpart 7 of this Part, of
					 a leak from an underground storage tank covered by the mechanism; or
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 615 - Environmental Quality Bond Act Equal Employment And Minority And Women-owned Business Enterprise Program Regulations › Section 615.1 - Purpose, scope and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose of this Part is to provide a
				means for assuring the participation of minorities and women as workers and
				businesses in programs funded or assisted by the New York State Environmental
				Quality Bond Act of 1986.
(b) This
				Part is applicable to programs implemented under authority of article 52,
				titles 1, 3, 5 and 7 of the Environmental Conservation Law (ECL).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 615 - Environmental Quality Bond Act Equal Employment And Minority And Women-owned Business Enterprise Program Regulations › Section 615.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Contract means
				any State grant, loan, agreement, or any other instrument by which the State
				provides or otherwise makes available assistance in the form of funds or the
				services of State personnel.
(b)
				Contractor means a municipality, natural person or business entity, that is a
				party to a contract as defined in this section; this term includes general or
				prime contractors, subcontractors, vendors, consultants, subconsultants,
				providers of professional services and suppliers.
(c) Department means the Department of
				Environmental Conservation of the State of New York.
(d) Goals means a quantitative objective to
				be achieved in a specified period of time, for employment of minority and women
				workers or contracts with minority and women-owned business enterprises, that
				is required by contract, and established pursuant to section
				615.4  of this
				Part.
(e) Good-faith efforts means
				actions taken to meet goals required by contract.
(f) Minority means a member of any of the
				following groups:
(1) persons having origins
				in any of the Black African racial groups, not of Hispanic origin;
(2) Hispanic persons of Mexican, Puerto
				Rican, Dominican, Cuban, Central or South American origin, regardless of
				race;
(3) Asian and Pacific
				Islander persons having origins in the Far East, Southeast Asia, the Indian
				subcontinent, or the Pacific islands; and
(4) American Indian or Alaskan native persons
				having origins in any of the original peoples of North America and maintaining
				identifiable tribal affiliations through membership and participation, or
				community identification.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 615 - Environmental Quality Bond Act Equal Employment And Minority And Women-owned Business Enterprise Program Regulations › Section 615.3 - Contract requirements

Current through Register Vol. 46, No. 28, July 10, 2024
All State-assisted contracts for design, construction,
				  services and materials, and modifications thereof, unless otherwise provided,
				  shall require:
(a) that the contract
				comply with section 52-0110 of the ECL, regulations and procedures adopted
				pursuant thereto applicable to equal employment opportunity and minority and
				women-owned business enterprise programs;
(b) that the contractor contractually require
				any contractor, subcontractor, consultant and subconsultant with whom it enters
				into a contract to comply with sections 52-0111 and 52-0113 of the ECL, and any
				regulations and procedures adopted pursuant thereto applicable to equal
				employment opportunity and minority and women-owned business enterprise
				programs;
(c) that the contractor
				comply with recordkeeping, reporting and notice requirements of the department
				for the implementation of the equal employment opportunity and minority and
				women-owned business enterprise programs; and
(d) that sanctions will be imposed for a
				contractor's failure to comply with the requirements of sections 52-0111 and
				52-0113 of the ECL, and any regulations and procedures adopted pursuant
				thereto.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 615 - Environmental Quality Bond Act Equal Employment And Minority And Women-owned Business Enterprise Program Regulations › Section 615.4 - Goal criteria

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall establish goals for contracts to
				  implement the equal employment opportunity and minority and women-owned
				  business enterprise programs. These goals shall be between 12 and 25 percent
				  for minorities, and up to five percent for women, and may be adjusted on the
				  basis of the following criteria:
(a)
				relevant demographic data;
(b)
				availability of minorities and women with the requisite skills and minority and
				women-owned businesses selling services or goods needed for contract
				performance;
(c) possibilities for
				recruitment of minorities and women and solicitation of minority and
				women-owned business enterprises;
(d) training which the contractor can
				reasonably be able to undertake as a means of making all job titles required
				for contract performance available to minorities and women;
(e) past performance of a contractor in
				regard to equal employment opportunities and minority and women-owned business
				programs;
(f) the department's
				ability to identify minority and women-owned businesses which can be used by
				contractors to comply with the goal requirements of the minority and
				women-owned business enterprise program; and
(g) any other relevant facts or
				circumstances.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 615 - Environmental Quality Bond Act Equal Employment And Minority And Women-owned Business Enterprise Program Regulations › Section 615.5 - Good-faith efforts requirement

Current through Register Vol. 46, No. 28, July 10, 2024
Contractors shall make good-faith efforts to meet goal
				  requirements of the equal employment opportunity and minority and women-owned
				  business enterprise programs. Good-faith efforts may include:
(a) timely preparation and submission of a
				utilization plan for the approval of the department that states employment
				goals proposed for minorities and women, and contracts expected to be executed
				with minority and women-owned businesses;
(b) actions to implement the plan referred to
				in subdivision (a) of this section which provide for:
(1) advertisement in appropriate
				general-circulation, trade and minority- and women-oriented media;
(2) timely notice of job and contract
				opportunities;
(3) the development
				and maintenance of lists for purposes of notifying minorities and women of
				employment and contracting opportunities; and
(4) maintenance of records required by the
				department for documenting the contractor's actions to implement the plan,
				which identify minorities and women soliciting employment and contract
				opportunities; and
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 615 - Environmental Quality Bond Act Equal Employment And Minority And Women-owned Business Enterprise Program Regulations › Section 615.6 - Compliance

Current through Register Vol. 46, No. 28, July 10, 2024
The department has authority to determine whether the
				  requirements of sections 52-0111 and 52-0113 of the ECL have been met. In
				  making these assessments, the department may:
(a) seek information and request documents
				necessary to make a determination of compliance;
(b) ascertain whether the contractor has made
				a good-faith effort to meet goal requirements;
(c) prescribe means for measuring contractor
				compliance with goals;
(d) provide
				contractors written notice of actions to be taken to avoid determinations of
				noncompliance;
(e) provide for
				imposition of sanctions upon a determination of noncompliance.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 615 - Environmental Quality Bond Act Equal Employment And Minority And Women-owned Business Enterprise Program Regulations › Section 615.7 - Sanctions

Current through Register Vol. 46, No. 28, July 10, 2024
Sanctions shall be imposed for failure to meet the goal
				  requirements, unless the department determines that goal requirements should be
				  waived because a contractor has made a good-faith effort to comply with goal
				  requirements. Sanctions may consist of the following:
(a) reduction of the contract
				price;
(b) suspension or
				termination of the contract;
(c)
				retaining payments until compliance is achieved;
(d) prohibition against further contracts
				with the department for specified periods of time; and
(e) other penalties of which a contractor has
				notice in writing prior to or during the performance of a contract.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 615 - Environmental Quality Bond Act Equal Employment And Minority And Women-owned Business Enterprise Program Regulations › Section 615.8 - Eligibility criteria for minority and women-owned business enterprises

Current through Register Vol. 46, No. 28, July 10, 2024
A business entity is eligible to participate in the minority
				  and women-owned business program, as a minority or women-owned business, if: 51
				  percent of all equity interests in the business entity are owned by minority or
				  women principals; such ownership interest is real, substantial and continuing,
				  and the minority or women principals have authority to independently control
				  the day-to-day business decisions of the business firm. The department shall
				  accept, as eligible for participation in the minority and women-owned business
				  enterprise program, firms which have been certified under the New York State
				  minority and women-owned business enterprise certification program. In
				  determining eligibility for participation in the minority and women-owned
				  business enterprise program and as an agency participating in the New York
				  State minority and women-owned business enterprise certification program, the
				  department shall consider the following factors:
(a) the relative experience, expertise or
				capabilities necessary to the operation of the firm's business, possessed by
				minority and women principals, as compared to that of other principals in the
				firm;
(b) the contributions of
				capital to a firm in the form of money, real property, equipment or other
				assets made by minority or women principals, as compared to those made by other
				principals in the firm;
(c) the
				distribution of a firm's wealth between minority or women principals and other
				principals in the firm;
(d) the
				existence of any relationships, between minority or women principals and other
				principals in the firm, or other firm, which might affect the ability of
				minority or women principals to control business decisions of the
				firm;
(e) the authority of minority
				or women principals to make business decisions by virtue of a firm's
				organizational structure, corporate bylaws or certificate of incorporation,
				partnership agreement, or any other agreement between minority or women
				principals and other principals in the firm; and
(f) any other facts or circumstances
				determined to be relevant by the department.