N.Y. Environmental Conservation Law § 40-0111: Corrective actions and reporting

§ 40-0111. Corrective actions and reporting.

1. Where a release of any hazardous substance is suspected or appears

probable, the department may order the owner to inspect any storage

facility, location and/or associated equipment suspected to be the

source of the release and to test for tightness and structural

soundness. If the owner fails to conduct such tests within ten days of

notification of such an order the department may conduct such tests. The

reasonable expenses of conducting such tests incurred by the department

shall be paid by the owner.

2. It shall be unlawful to continue operation of any tank where a

continuing release to the environment is occurring. The contents of such

a tank shall be promptly removed to a secure storage location. The

department may prohibit deliveries of hazardous substances to any tank

(i) that is leaking or (ii) where a leak appears probable. If the source

of the leak or a probable leak cannot be determined, the department may

prohibit deliveries to any tank or tanks that may be the probable source

of a leak until such time as the source has been identified, at which

time the prohibition on delivery will apply to the leaking tank or

tanks. In addition, the department may prohibit deliveries of hazardous

substances to any tank that is in violation of any requirement

prescribed by regulation pursuant to this title related to:

a. installing required equipment for spill prevention, overfill

protection, leak detection, corrosion protection or secondary

containment;

b. performing leak detection or inspections of tank systems;

c. properly operating or maintaining leak detection; or

d. properly operating or maintaining spill, overfill or corrosion

protection equipment.

(i) The department shall attach a tag to the tank or tanks to identify

those tanks to which delivery is prohibited and provide a written notice

to the owner and operator specifying the reasons for the prohibition of

delivery.

(ii) As promptly as possible thereafter, not to exceed fifteen days,

the commissioner shall provide the owner or operator an opportunity to

be heard and to present proof that such conditions or activity does not

violate the provisions of this section or of the rules or regulations

adopted pursuant to this title. The commissioner shall adopt rules and

regulations describing the procedure to be followed in the prohibition

of hazardous substance deliveries. In adopting such rules and

regulations the department shall allow for the owner or operator at any

time to submit information to the department to demonstrate that the

owner or operator is in compliance with the requirements or has

corrected the violation that prompted the department to prohibit

deliveries of hazardous substances and to allow the tank or tanks to be,

as promptly as possible, brought back into operation, not to exceed two

business days from the department's determination that a tank is in

compliance. The department shall use its best efforts to timely

determine compliance.

(iii) Unless otherwise authorized by the department, no person shall

tamper with or remove, or cause the tampering with or removal of, a tag

attached to any tank under the provisions of this subdivision.

(iv) No person shall deliver, cause the delivery of, deposit, or

accept a hazardous substance to any tank or tanks to which a tag is

affixed pursuant to this subdivision.

3. Any person who is the owner of, or in actual or constructive

possession or control of, a hazardous substance, as defined in section

40-0105 of this article, or any employee or agent thereof, or any person

in a contractual relationship therewith who inspects, tests or repairs

any portion of the facility which was or is used for the storage of

hazardous substances, shall promptly notify the department as soon as he

has knowledge of the release of a reportable quantity of a hazardous

substance into the environment.