N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-3.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 128-3.4 - Petroleum products

(a) Unless otherwise permitted by these rules and regulations, a discharge, or storage which is reasonably likely to lead to a discharge, of petroleum products 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 aboveground and underground petroleum storage facilities, which require registration under Part 612 of Title 6 NYCRR, or new tanks which expand the capacity of existing facilities which require registration under Part 612 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. Notwithstanding this prohibition, the expansion of an existing aboveground or underground petroleum storage facility shall be allowed within the aforesaid limiting distances provided that the owner or operator of such facility demonstrates to the department that the application of the limiting distances would preclude the continuation of an existing business.

(c) New home heating oil tanks not requiring registration under Part 612 of Title 6 NYCRR, 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 are prohibited from being installed underground and shall be located either aboveground or contained in a basement with a concrete or other impervious floor.

(d) New aboveground and underground petroleum storage tanks of 185 gallons or more which are neither home heating oil tanks regulated under subdivision (c) of this section nor located at facilities requiring registration under Part 612 of Title 6 NYCRR, are prohibited within the limiting distance of 25 feet of a watercourse or wetland, or within the limiting distance of 300 feet of a reservoir, reservoir stem, or controlled lake, except that such new tanks may be allowed within the aforesaid limiting distances provided that the applicant demonstrates to the department that application of the limiting distances would preclude the continuation of an existing business or the continued identical use of the existing facility.

(e) Subdivisions (b), (c), and (d) shall not apply to:

(1) the storage of any petroleum products that is a noncomplying regulated activity;

(2) the storage of petroleum products for agricultural purposes;

(3) the replacement in kind of existing petroleum storage facilities or tanks;

(4) the storage of petroleum products where such storage is necessary to operate a wastewater treatment plant approved by the department; and

(5) the storage of petroleum products 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 §§ 128-3.4