2013 New York Consolidated Laws
ENV - Environmental Conservation
Article 40 - (40-0101 - 40-0123) HAZARDOUS SUBSTANCES BULK STORAGE ACT
40-0113 - Rules and regulations.

 
  § 40-0113. Rules and regulations.
    1.   The  department,  on  or  before  July  first,  nineteen  hundred
  eighty-eight, shall promulgate rules and regulations to  implement  this
  article.  Such rules and regulations may differ as required based on the
  nature of the hazardous substance stored, the type or class  of  storage
  facility, and the degree of environmental protection required.
    The regulations shall include but are not limited to:
    a.  A  list  of  hazardous substances described by subdivision four of
  section 40-0105 of this article. Such list shall  indicate  the  minimum
  quantity  of each such hazardous substance the storage of which shall be
  subject to regulation pursuant to this article.  Such  list  shall  also
  indicate the minimum quantity of each such hazardous substance which, if
  released  into  the  environment,  shall  be  deemed  to be a reportable
  quantity.
    b.  Minimum  standards  and  schedules   for   design,   construction,
  installation,  operation,  maintenance,  repair, monitoring, testing and
  inspection of facilities. Schedules shall be based on  factors  such  as
  type  of  facility,  type  and  quantity of hazardous substances stored,
  facility age, condition and construction type, soil conditions, location
  of facility relative to  water  supplies,  surrounding  population,  and
  other environmental factors.
    c. Requirements for maintaining records pursuant to this article.
    d.  Requirements  for  reporting  releases  and  corrective  action in
  response to  such  releases,  and  for  taking  such  corrective  action
  pursuant to this article.
    e.  Provision  for variances from specific provisions, provided it can
  be shown to the satisfaction of the department that the new or alternate
  design, practice  or  method  used  or  proposed  to  be  used  provides
  protection equal to or greater than the requirements of the regulations.
  The regulations shall also include policies, procedures and criteria for
  reviewing such variance requests.
    f.  Criteria  whereby  facilities  are  properly  closed  and  thereby
  released from testing and inspection requirements.
    g.  Requirements  for   maintaining   such   evidence   of   financial
  responsibility  as  is  deemed  necessary  and  desirable for operating,
  maintaining or closing storage facilities pursuant to this article.
    Evidence  of  financial  responsibility  shall   be   established   in
  accordance  with  such  regulations  and  may  include, but shall not be
  limited to any one or  any  combination  of  the  following:  insurance,
  guarantee,  surety  bond,  letter  of  credit,  or  qualification  as  a
  self-insurer.
    h.  Rules  and  training  requirements  for  operators  of   hazardous
  substance  storage  facilities.  The  department  shall specify training
  requirements for:
    (i) persons having primary responsibility for  on-site  operation  and
  maintenance of storage tank systems;
    (ii) persons having daily on-site responsibility for the operation and
  maintenance of storage tank systems; and
    (iii)  daily,  on-site  employees  having  primary  responsibility for
  addressing emergencies presented by a spill or release  from  a  storage
  tank system.
    2.  Nothing in this article shall authorize the department to adopt or
  amend any rule or regulation in a manner less stringent than provided in
  the Federal Resource Conservation and Recovery Act of 1976, as  amended,
  and in rules and regulations promulgated pursuant thereto.