6 CRR-NY 613-5.1NY-CRR
6 CRR-NY 613-5.1
6 CRR-NY 613-5.1
613-5.1 Circumstances and process for imposing a delivery prohibition.
(a) Tier 1 conditions.
(1) When the department finds that a tier 1 condition exists at a facility, the department will affix a tag on the fill pipe of the relevant tank system.
(2) At the time that it affixes a tag, the department will provide to the facility operator, if one is present, a written notification of the imposition of the delivery prohibition that will include the finding of the relevant condition(s) at the facility. The department will then send the written notification to the facility via certified mail to the correspondence address listed in the current facility registration or license within five business days following the time that the tag is affixed to the tank system.
(3) The following are tier 1 conditions:
(i) A tank system is known to be releasing petroleum. If the source of the release cannot be determined upon inspection, then all tank systems at the facility that are probable sources of the release will be tagged.
(ii) A UST system covered under sections 613-2.1(a), 613-3.1(a)(2), or (4) of this Part does not have one or more of the following:
(a) secondary containment equipment required under sections 613-2.1(b)(1)(iv), (2)(ii)(c), and 613-3.1(b)(1)(iv) of this Part;
(b) spill and overfill prevention equipment required under section 613-2.1(b)(3) of this Part or overfill prevention equipment required under section 613-3.1(b)(3) of this Part;
(c) corrosion protection equipment required under sections 613-2.1(b)(1)(ii), (2)(ii), (c)(2)(ii), (iii), (3), 613-3.1(b)(1)(ii), or (2)(ii) of this Part; or
(d) leak detection equipment required under sections 613-2.3(a) and (b), or 613-3.3(a) and (b) of this Part.
(b) Tier 2 conditions.
(1) When the department finds that a tier 2 condition exists at a facility, the department may affix a tag on the fill pipe of the relevant tank system.
(2) Prior to affixing a tag, the department will send a written statement to the facility informing the facility of the relevant condition(s). The department will send the statement via certified mail to the correspondence address listed in the current facility registration or license.
(3) At the time that it affixes a tag, the department will provide to the facility operator, if one is present, a written notification of the imposition of the delivery prohibition that will include the finding of the relevant condition(s) at the facility. The department will then send the written notification to the facility via certified mail to the correspondence address listed in the current facility registration or license within five business days following the time that the tag is affixed to the tank system.
(4) The following are tier 2 conditions:
(i) The results of leak detection required by sections 613-2.3(a) and (b) and 613-3.3(a) and (b) of this Part, or inspections and leak detection required by section 613-4.3(a) and (b) of this Part indicate that the tank system may be leaking petroleum or would not contain a leak if one were to occur, unless the facility submits, within 10 days after receipt of the department’s statement issued pursuant to paragraph (2) of this subdivision, acceptable documentation to the department that demonstrates that the relevant tank system is not leaking or has been appropriately repaired.
(ii) With respect to the operation of a UST system covered under section 613-2.1(a), 613-3.1(a)(2), or (4) of this Part, the facility has not demonstrated within 30 days following receipt of the department’s statement issued pursuant to paragraph (2) of this subdivision compliance with the following standards:
(a) spill and overfill prevention operating standards under section 613-2.2(a) of this Part;
(b) corrosion protection operating standards under section 613-2.2(b) of this Part; or
(c) applicable leak detection methods under section 613-2.3(c) and (d) of this Part.
(iii) With respect to the operation of a UST system covered under section 613-3.1(a)(1) or (3) of this Part, one or more of the following is missing and the facility has not documented to the department that the missing component has been put in place within 30 days after receipt of the department’s statement issued pursuant to paragraph (2) of this subdivision:
(a) secondary containment equipment required under section 613-3.1(b)(1)(iv) of this Part;
(b) overfill prevention equipment required under section 613-3.1(b)(3) of this Part;
(c) corrosion protection equipment required under section 613-3.1(b)(1)(ii) and (2)(ii) of this Part; or
(d) leak detection equipment required under section 613-3.3(a) and (b) of this Part.
(iv) With respect to the operation of an AST system covered under section 613-4.1(a) of this Part, one or more of the following is missing and the facility has not documented to the department that the missing component has been put in place within 30 days after receipt of the department’s statement issued pursuant to paragraph (2) of this subdivision:
(a) secondary containment equipment required under section 613-4.1(b)(1)(v) and (c)(1) of this Part;
(b) overfill prevention equipment required under section 613-4.1(b)(3) and (c)(2) of this Part;
(c) corrosion protection equipment required under section 613-4.1(b)(1)(ii) and (iii), and (2)(ii) of this Part; or
(d) leak detection equipment required under section 613-4.3(a) of this Part.
(c) The department may issue the written finding, consistent with paragraph (a)(2) or (b)(3) of this section, that a tier 1 or tier 2 condition exists, but withhold the imposition of the delivery prohibition for a period that may not exceed 180 days, where:
(1) there is no evidence that the tank system is leaking; and
(2) imposing the delivery prohibition would jeopardize public health or safety or the availability of, or access to, fuel in a rural and remote area.
6 CRR-NY 613-5.1
Current through February 15, 2022
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