N.Y. Environmental Conservation Law § 17-1005: Leak detection

§ 17-1005. Leak detection.

1. a. The department shall promulgate rules and regulations to provide

for the early detection of leaks or potential leaks by owners and

operators.

b. Such rules and regulations shall provide for daily measurements and

inventory records for petroleum in each facility using a gauge, gauge

stick or automatic gauging system as well as product receipt and

disbursement records. The department may exempt facilities which are not

engaged in the resale of petroleum from the requirements of this

paragraph.

2. a. The department shall establish minimum standards and schedules

for testing and inspection of those portions of facilities which are

over ten years old. Such schedules shall be based on such factors as

inventory methods and electronic monitoring systems; facility age,

condition and construction type; soil conditions, location of facility

relative to water supplies and other environmental factors.

b. The department shall establish, by rule and regulation, criteria

whereby facilities are properly closed and thereby released from testing

and inspection requirements. The department may require the owner to

provide financial assurances to ensure that the facility is properly

closed. Any decision by the department with respect to requiring such

financial assurances and the methods or instruments which are to be used

shall be accompanied by a finding regarding the public interest and

shall set forth the reasons therefor.