N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-4.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 613-4.4 - Reporting, investigation, and confirmation

(a)Reporting responsibilities. The reporting requirements of subdivisions (b) and (e) of this section apply to the following persons:

(1) the facility owner;

(2) the tank system owner;

(3) the operator;

(4) the carrier;

(5) any contractor in a contractual relationship with the facility owner, tank system owner, or operator;

(6) any other party and its contractors who have been retained as part of a business transaction relating to the facility;

(7) any person who causes a spill at the facility.

(b)Reporting of suspected leaks.

(1) Suspected leaks must be reported to the Department's Spill Hotline (800-457-7362) within two hours after discovery and the procedures in subdivision (d) of this section must be followed for any of the following conditions:

(i) the discovery of petroleum outside of an AST system at the facility or in the surrounding area (e.g., the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface water);

(ii) unusual operating conditions observed (e.g., the erratic behavior of petroleum dispensing equipment, the sudden loss of petroleum from the AST system, an unexplained presence of water in the tank, or water in the interstitial space of secondarily contained tank system components), unless the tank system component is found to be defective but not leaking, and is immediately repaired or replaced; or

(iii) inspection/monitoring/testing results, including alarms, from an inspection or leak detection method required under subdivisions 4.2(h)(1), and 4.3(a) and (b) of this Subpart which indicate that a leak may have occurred, unless:

(a) the monitoring device is found to be defective, and is immediately repaired, recalibrated, or replaced, and additional monitoring does not confirm the initial result; or

(b) the alarm was investigated and determined to be a non-spill event (e.g., from a power surge or caused by filling the tank during leak detection testing).

(2) When a leak is suspected, or where inspections or tests required by this Part have not been performed, the Department may order the facility to inspect and to test the AST system or equipment for tightness and structural soundness. If the facility fails to conduct such inspections and tests within ten days after receipt of the Department's order, the Department may conduct inspections or tests for tightness. The expenses of conducting such tests as ordered by the Department must be paid by the tank system owner.

(c)Investigation due to off-site impacts. When required by the Department, the procedures in subdivision (d) of this section must be followed to determine if the AST system is the source of off-site impacts. These impacts include the discovery of petroleum (e.g., the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface and drinking waters) that has been observed by the Department or brought to its attention by another party.

(d)Leak investigation and confirmation steps. Unless corrective action is initiated in accordance with Subpart 7 of this Part, any leak or suspected leak of petroleum must be investigated using either one of the methods described in paragraph (1) or (2) of this subdivision or another procedure approved by the Department. The investigation must commence immediately following the reporting required under subdivision (b) or (e) of this section. The investigation must be completed, and the results submitted to the Department prior to any repairs and within seven days after the reporting required under subdivision (b) or (e) of this section.

(1)Inspection or system test. An inspection or testing must be conducted in accordance with paragraph 4.3(c)(1), (c)(2), or (d)(2) of this Subpart to determine: whether a leak exists in the portion of the AST system (including delivery piping) suspected of leaking; and, in the case of petroleum reaching secondary containment, if a breach of secondary containment occurred.

(i) If the test results indicate that a leak or release has occurred, the leaking AST system must be immediately emptied to prevent further leaks and be:

(a) promptly taken out of service in accordance with subdivision 4.5(a) of this Subpart and repaired in accordance with subdivision 4.2(j) of this Subpart;

(b) replaced; or

(c) permanently closed in accordance with subdivision 4.5(b) of this Subpart.

(ii) If the test results indicate that a release has occurred, corrective action must also begin in accordance with Subpart 7 of this Part.

(iii) If the test results do not indicate that a leak exists but environmental contamination is the basis for suspecting a leak, a site check must be conducted in accordance with paragraph (2) of this subdivision.

(iv) If the test results do not indicate that a leak exists and if environmental contamination is not the basis for suspecting a leak, further investigation is not required.

(2)Site check. The presence or absence of a release must be measured where contamination is most likely to be present at the facility. In selecting sample types, sample locations, and measurement methods, the following must also be considered: nature of the type(s) of petroleum previously stored in the AST system; type of initial alarm or cause for suspicion; type of backfill; depth of groundwater; and other factors appropriate for identifying the presence and source of the release.

(i) If the site check results indicate that a release has occurred, corrective action must begin in accordance with Subpart 7 of this Part.

(ii) If the site check results do not indicate that a release has occurred, further investigation is not required.

(e)Response to spills.

(1) Releases must be reported to the Department's Spill Hotline (800-457-7362) within two hours after discovery and corrective action must begin in accordance with Subpart 7 of this Part.

(2) Spills must be contained and reported to the Department's Spill Hotline (800-457-7362) within two hours after discovery and the procedures in subdivision (d) of this section must be followed, unless the spill meets all of the following conditions:

(i) The spill is known to be less than five gallons in total volume.

(ii) It is contained and under the control of the spiller.

(iii) It has not reached and will not reach the lands or waters of the State.

(iv) It is cleaned up within two hours after discovery.

(v) The component of the AST system (including delivery piping) that leaked is promptly repaired in accordance with subdivision 4.2(j) of this Subpart or replaced.

(3) Leaking AST systems must be immediately emptied to prevent further leaks and be:

(i) promptly taken out of service in accordance with subdivision 4.5(a) of this Subpart and repaired in accordance with subdivision 4.2(j) of this Subpart;

(ii) replaced; or

(iii) permanently closed in accordance with subdivision 4.5(b) of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-4.4

Adopted, New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff. 10/11/2015

Adopted New York State Register July 19, 2023/Volume XLV Issue 29, eff. 10/17/2023