N.Y. Comp. Codes R. & Regs. tit. 6 § 610.4

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

Section 610.4 - Contents of application

(a) The following information is to be contained in the annual application for a letter of certification:

(1) the number of barrels or another measurement of the capacity of the onshore major facility;

(2) average daily throughput of the onshore major facility;

(3) a cleanup or removal plan which includes:

(i) the storage and transfer capacity of the onshore major facility;

(ii) the containment and removal equipment, including but not limited to vehicles, vessels, pumps, skimmers, booms, chemicals and communication devices, to which the onshore major facility has access through direct ownership or by contract or membership in a discharge cleanup organization recognized by the Department of Environmental Conservation and the Department of Transportation, as well as the time lapse following a discharge which precedes such availability;

(iii) the trained personnel which are required and available to operate such containment and removal equipment, and the expected time lapse following a discharge which precedes such availability;

(iv) all equipment and trained personnel used or employed in a capacity at the onshore major facility to prevent discharges of petroleum;

(v) the terms of agreement and the operation plan of any discharge cleanup organization to which the owner or operator of the onshore major facility belongs, which requirement shall be satisfied by attaching a copy of such agreement and plan;

(vi) the type and amount of petroleum transferred, refined, processed or stored at the onshore major facility; and

(vii) if the plan calls for facilities, procedures, methods or equipment not yet fully operational, a schedule for installation and operation along with a statement of projected costs;

(4) the steps taken to insure prevention of a discharge, which shall be shown by preparation of a spill prevention and containment plan which:

(i) complies with all the specific guidelines of an SPCC plan and a Coast Guard plan to protect surface waters;

(ii) generally describes how the onshore major facility meets the additional goal of protecting groundwater;

(iii) contains a general site plan of the onshore major facility, if not already included as part of the Coast Guard plan;

(iv) contains a brief description of each spill and discharge occurring during the previous year, the cause, corrective action taken, and plans for preventing the recurrence of such a spill or discharge, except that on the initial application for a letter of certification for an existing onshore major facility, such description shall cover the spills or discharges occurring during the previous five years; and

(v) if the plan calls for facilities, procedures, methods or equipment not yet fully operational, includes a schedule for installation and operation, along with a statement of projected costs;

(vi) contains information necessary to show compliance with sections 613.2 through 613.9, inclusive, and 614.2 through 614.14, inclusive, of this Title, as applicable, including, but not limited to tank types, leak detection equipment and method of secondary containment;

(5) such further information as the department may now or in the future deem appropriate, given the specific conditions, including environmental setting, at each onshore major facility.

(b) In his responses on the application form, the applicant shall make reference to the applicable sections or pages of the prevention and containment plan, and cleanup and removal plan, which relate to or more fully discuss the response.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 610.4