6 CRR-NY 599.1NY-CRR
6 CRR-NY 599.1
6 CRR-NY 599.1
599.1 General.
(a) Purpose.
This Part sets forth standards for all new tank systems.
(b) Applicability.
(1) This Part applies to facilities described under section 596.1 of this Title.
(2) Beginning on February 11, 1995, all new tank systems must be constructed, designed and installed pursuant to the provisions of this Part.
(c) Definitions.
The definitions found in section 596.1(c) of this Title shall apply to this Part.
(d) Severability.
If any provision of this Part or its application to any person or circumstance is held to be invalid, the remainder of this Part and the application of that provision to other persons or circumstances shall not be affected.
(e) Variances.
(1) The department may, upon written request from any person subject to this Part, grant a variance from one or more specific provisions of this Part. An application for a variance must:
(i) identify the specific provisions of this Part from which a variance is sought;
(ii) demonstrate that compliance with the identified provisions would, on the basis of conditions unique to the person's particular situation, tend to impose a substantial economic, technological or safety burden on the person; and
(iii) demonstrate that the proposed activity will have no significant adverse impact on the public health, safety, welfare or the environment and will be consistent with the provisions of the ECL and the performance expected from application of this Part.
(2) The department may not grant any variance which would result in regulatory controls less stringent than those in 40 CFR parts 280 and 281 (see section 598.1[j] of this Title).
(3) In granting any variance, the department may impose specific conditions necessary to assure that the subject activity will have no significant adverse impact on the public health, safety, welfare or the environment.
(f) Confidentiality.
Any person submitting information to the department pursuant to this Part may, at the time of submission, request that the department exempt such information from disclosure under paragraph (d) of subdivision (2) of section 87 of the Public Officers Law. All requests under this section must be made in accordance with the provisions of section 616.7 of this Title and all determinations will be made pursuant to that section.
(g) Enforcement.
Any person who violates any of the provisions of this Part, or any order issued by the department, shall be liable for the civil, administrative and criminal penalties set forth in article 71 of the Environmental Conservation Law.
(h) References.
Citations used in this Part refer to the publications listed in section 598.1(j) of this Title. These publications are available for inspection at the Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7020.
(i) Access to records and tank systems.
Any designated officer or employee of the department shall have the right of access as provided in section 596.1(e) of this Title.
(j) Use of equivalent technology.
Where specified in this Part, the department may approve the use of an equivalent technology method or practice by any person subject to this Part. A request to use equivalent technology must:
(1) identify the applicable provision of this Part;
(2) include evidence, including but not limited to data, plans, specifications and test results that demonstrate that the technology, method or practice desired to be used will protect the public health, safety and welfare and the environment in a manner which equals or exceeds the requirements of the applicable provision of this Part.
6 CRR-NY 599.1
Current through February 15, 2022
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.