N.Y. Comp. Codes R. & Regs. tit. 10 § 128-3.2

Current through Register Vol. 46, No. 25, June 18, 2024

Section 128-3.2 - Hazardous substances and hazardous wastes

(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.

(d) Subdivision (b) of this section shall not apply to:

(1) The storage of any hazardous substance that is a noncomplying regulated activity, including the replacement in kind of an existing storage tank provided that the replacement tank is designed and installed in compliance with Federal, State and local law. To the extent practicable, the new tank shall be located outside of the limiting distances of 100 feet of a watercourse or wetland, or outside of the limiting distance of 500 feet of a reservoir, reservoir stem, or controlled lake;

(2) The storage of hazardous substances where such storage is necessary to operate a wastewater treatment plant approved by the department; and

(3) The storage of hazardous substances where such storage is made necessary by construction of a new facility or the alteration or modification of an existing facility used in connection with the operation of a public water supply system.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 128-3.2