S T A T E O F N E W Y O R K
________________________________________________________________________
4570--A
2015-2016 Regular Sessions
I N A S S E M B L Y
February 3, 2015
___________
Introduced by M. of A. CLARK, COLTON -- read once and referred to the
Committee on Environmental Conservation -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, in relation to
hazardous substance storage facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 10 and 11 of section 40-0105 of the environ-
2 mental conservation law, subdivision 10 as amended and subdivision 11 as
3 added by chapter 334 of the laws of 2008, are amended to read as
4 follows:
5 10. "Storage facility" or "facility" means a single property or
6 contiguous or adjacent properties used for a common purpose which are
7 owned or operated by the same person on or in which are located one or
8 more NON-STATIONARY tanks, BARRELS, DRUMS, OR OTHER HOLDING VESSELS
9 STORED AT A FACILITY FOR A PERIOD OF LESS THAN NINETY DAYS, OR WHERE
10 INDIVIDUAL CAPACITY OF SUCH NON-STATIONARY TANKS, BARRELS, DRUMS,
11 CONTAINERS, OR OTHER HOLDING VESSELS AT A FACILITY IS LESS THAN ONE
12 THOUSAND KILOGRAMS (2,200 LBS.) which are used for the storage or
13 containment of hazardous substances.
14 11. "Tank" means a device or holding vessel designed to contain an
15 accumulation of a hazardous substance which is constructed of non-ear-
16 then materials that provide structural support. The term "tank" includes
17 all associated pipes, lines, fixtures, and other ancillary equipment.
18 Such term shall not include:
19 a. [non-stationary tanks, barrels, drums, containers or other holding
20 vessels stored at a facility for a period of less than ninety days, or
21 where individual capacity of such non-stationary tanks, barrels, drums,
22 containers, or other holding vessels at a facility is less than one
23 thousand kilograms (2,200 lbs.);
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08632-02-5
A. 4570--A 2
1 b.] flow-through process tanks or other equipment wherein physical,
2 chemical or biological changes take place as part of a process;
3 [c.] B. septic tanks, stormwater or wastewater collection systems;
4 [d.] C. capacitors or transformers containing polychlorinated biphe-
5 nyls;
6 [e.] D. above ground tanks on an operating farm used solely to store
7 or contain hazardous substances which will be used for agricultural
8 purposes on such farm; or
9 [f.] E. tanks which have been permanently closed in accordance with
10 regulations promulgated pursuant to section 40-0113 of this [chapter]
11 ARTICLE.
12 S 2. Subdivision 2 of section 40-0109 of the environmental conserva-
13 tion law, as added by chapter 672 of the laws of 1986, is amended to
14 read as follows:
15 2. Any person storing a hazardous substance [may be required to] SHALL
16 furnish the department with information on the storage facility, repairs
17 or replacements, hazardous substances stored, storage and handling prac-
18 tices, or results of tests, monitoring and inspections.
19 S 3. This act shall take effect on the thirtieth day after it shall
20 have become a law.