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ARTICLE XI NASSAU COUNTY PUBLIC HEALTH ORDINANCE …
Tags: aboveground storage, article xi, bulk storage, cleanup, containers, control 1, county public health, discharges, drinking water, effective date, hazardous materials storage, nassau county, section 1, sole source aquifers, statement of purpose, surface waters, transfer operations, underground storage facilities, waivers, water supply,Pages: 39
Language: english
Created: Sat May 3 01:16:24 1913
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ARTICLE XI
NASSAU COUNTY PUBLIC HEALTH
ORDINANCE
TOXIC AND HAZARDOUS MATERIALS
STORAGE, HANDLING
AND CONTROL
1
ARTICLE XI NASSAU COUNTY PUBLIC HEALTH ORDINANCE
TOXIC AND HAZARDOUS MATERIALS STORAGE, HANDLING AND CONTROL
Section Title Page
1 Declaration of Policy 2
2 Statement of Purpose 2
3 Definitions 3
4 Powers of the Commissioner 7
5 Prohibited Discharges, Transporting and Disposal 9
6 Permits and Registration 10
7 Exemptions 11
8 Transfer of Permits Prohibited 14
9 Storage and Transfer Facilities 15
10 Underground Storage Facilities 18
11 Aboveground Storage Facilities 21
12 Transfer Operations 23
13 Bulk Storage of Toxic or Hazardous Materials 24
14 Containers 26
15 Reporting, Records, Cleanup 27
16 Confidentiality of Records 29
17 Posting and Labeling 30
18 Waivers 31
19 Effective Date 32
2
Section 1. - Declaration of Policy
The State designated best use of all groundwaters of Nassau County
is as a source of drinking water. The federal government has
officially designated Nassau County groundwaters as sole source
aquifers for water supply. In addition, the surface waters of the
County are extensively used for fishing, swimming and clamming.
Therefore, it is hereby declared to be the policy of Nassau County
Board of Health to require the use of all available practical
methods to prevent and control water pollution caused by toxic and
hazardous materials so as to maintain the quality of the groundwater
and surface water resources as near to their natural conditions of
purity as reasonably possible and thus safeguard the health of the
public.
Section 2. - Statement of Purpose
It is the intent and purpose of this Article to safeguard the water
resources of the County of Nassau from contamination by toxic and
hazardous materials including petroleum products by preventing
pollution from the more than 100 million gallons of toxic and
hazardous materials currently being stored, transferred, or used by
various residential, commercial and industrial facilities. The
discharge of these toxic and hazardous materials is caused by
leaking tanks, improper storage and handling, as well as accidental
spills. The potential for these discharges will be effectively
reduced by requiring that proper storage and handling are provided;
that new tanks meet rigid standards; and that all tanks are
routinely tested and inspected to ensure compliance.
3
Section 3. - Definitions
Whenever used in the Article, unless otherwise stated, the following terms shall have the
indicated meanings:
a. Abandonment means leaving containers, tanks, pipes, vehicles
containing toxic or hazardous materials unattended in terms of:
1) relinquishment or termination of possession, ownership, or
control by the owner thereof, or;
2) remaining out of service for one (1) year or more, or;
3) declaration by the owner that control will be discontinued.
b. Aboveground when referring to tanks, means more than 90 percent
of the volume located or situated above the final ground surface.
c. Bulk Storage means the loose or bagged storage of dry or semidry
materials.
d. Commissioner means the Commissioner of the Nassau County
Department of Health.
e. Container means any portable device in which toxic or hazardous
material is stored, transported, treated, disposed of, or
otherwise handled.
f. Department means the Nassau County Department of Health and also
any person employed by the Nassau County Department of Health
and authorized by the Commissioner to carry out the provisions
of this Article.
g. Discharge means to release by any means or to relinquish control
in a manner that could result in a release to the surface
waters, groundwaters, surface of the ground or below the surface
of the ground. Discharge includes, but is not necessarily
limited to, the following, either singly or in any combination:
4
1) Leaks from the failure of a storage facility;
2) Spills during transport or transfer of toxic or hazardous materials;
3) Disposal of soils, sand, or debris containing toxic or hazardous materials;
4) Disposal of toxic or hazardous materials to: storm drains, roof drains, sewer systems, or
any other drainage system or leaching system;
5) Burial, land-spreading or dumping anywhere, but not limited to landfills and scavenger
facilities, of toxic or hazardous materials or waste.
h. Discovery means either actual discovery or knowledge of the
existence of a storage facility or part thereof, or possession
of sufficient knowledge of the facts and circumstances involved
so that the existence of the storage facility or part thereof
should have been discovered.
i. Disposal means the discharge, deposition, injection, dumping,
incinerating, spilling, leaking, or placing of any toxic or
hazardous material into or on any land or water so that such
toxic or hazardous material or any constituent thereof may enter
the environment or be emitted into the air or discharged into
any waters, including groundwaters.
j. Double-walled means constructed with more than one containment
layer having space between the layers that completely surrounds
the inner containment chamber sufficient to allow monitoring of
any leakage into or out of the confined space.
5
k. Facility or Storage Facility means one or more tanks,
containers, pipes, fittings, connections, vaults, buildings,
yards, pavements or other structures used or designed to be
used, either singly or in any combination, for the storage
and/or transfer of toxic or hazardous materials or for the
storage and/or transfer of portable containers containing toxic
or hazardous materials. A facility may include aboveground or
below ground tanks, containers, bulk storage areas, or any
combination thereof as well as any appurtenant structures.
l. Impervious means possessing the quality equivalent to a layer of
natural and/or man-made material of sufficient thickness,
density and composition so as to prevent the discharge into the
underlying ground, groundwater or adjacent surface water of any
toxic or hazardous substances for a period of at least as long
as the maximum anticipated time during which the toxic or
hazardous substances will be in contact with the material, and
sufficient to allow complete recovery of any spilled product
with minimum disturbance of the containment material.
m. Industrial Waste Transporter means a person in the business of
collecting and transporting industrial wastes who possesses a
current, valid industrial waste transporter permit issued by the
New York State Department of Environmental Conservation.
n. New York State Discharge Standards means effluent standards,
and/or limitations as found in Title 6, Parts 701-703 of the
Official Compilation of Codes, Rules and Regulations of the
State of New York and as they may be amended.
6
o. Out-of-Service, means not in use, meaning no regular filling or
drawing; or not being maintained, meaning lacking adherence to
the requirements of this Article; or uncontrolled, meaning not
attended or secured; or any combination thereof.
p. Person means an individual, trust, firm, joint stock company,
corporation, partnership, municipality, or association.
q. Petroleum means any petroleum-based or partly or wholly
synthetically constituted oil of any kind which is liquid at
o
20 C under normal atmospheric pressure and has been refined,
rerefined, otherwise processed, contaminated in any way or used,
including, but not limited to, that which is suitable for use as
a motor fuel or lubricant in the operation or maintenance of an
engine, a fuel utilized for the generation of heat or usable
energy, all fuel oils, hydraulic fluids, antifreeze, and cutting
oils.
r. Pollution means the presence in the ambient environment of
conditions and/or contaminants in quantities or characteristics,
which are or may be injurious to human, plant, animal life or to
property, or which, unreasonably interferes with the comfortable
enjoyment of life and property.
s. Product-tight means chemical or physical imperviousness of a
vessel to the material, which is or could be contained therein so
as to prevent the seepage of the product through the container.
t. Secondary Containment means containment space that prevents any
materials spilled or leaked from reaching the land or water
outside the containment area before cleanup occurs.
7
u. Single-Walled means constructed with walls made of but one
thickness of material. Laminated, coated, or clad materials
shall be considered as single-walled.
v. Storage means the containment of any material, for any length of
time, in such a manner as not to constitute disposal of such
material.
w. Substantial Modifications shall mean the construction of any
additions or changes to an existing storage facility or
restoration, refurbishment or renovation which:
1) increases or decreases the in-place storage capacity of the
facility;
2) alters the physical configuration; or
3) impairs or affects the physical integrity of the facility or
its monitoring systems.
The repair or replacement of a piping system or other existing
equipment will not be considered as a substantial modification.
x. Substantially Complete means that construction has progressed to
the point that changes cannot readily be made to bring the
facility into compliance with the requirements of this Article
without substantial reconstruction or difficulty.
y. Tank means a stationary device, designed to contain an
accumulation of material and which is constructed primarily of
nonearthen materials (i.e., wood, concrete, steel, plastic)
which also provide structural support.
z. Tightness Test means a test that will determine if a tank
and/or piping system is tight or not tight. The test must be
capable of detecting a leak as small as five-hundredths (0.05)
of a gallon in one hour accounting for variables.
8
aa. Toxic or Hazardous Material means any substance, solution or
mixture including petroleum products which, because of its
quality, quantity or concentration, its physical, chemical, or
infectious characteristics, or any combination of the foregoing,
presents or may present an actual or potential hazard to human
health, or a threat to the quality of the drinking water supply or
a threat to surface water quality, if such substance,
solution, mixture or combination thereof is discharged directly
or indirectly to the land or waters of the County of Nassau.
Toxic or Hazardous Materials shall be as determined by the
Commissioner and shall also include any solid or semisolid
material which, if left to stand or if exposed to water or other
materials will leach out or wholly or partially dissolve forming
a toxic or hazardous material.
bb. Toxic or Hazardous Wastes means toxic or hazardous materials as
defined in Section 3.aa., excluding antifreeze, generated by or
as the result of operations of any manufacturing or other
industrial or medical facility or commercial establishment,
which toxic or hazardous materials are not actually used in a
final product for sale or use or in the production of such
products, and shall also include those toxic or hazardous
materials retained as by-products of the operations within such
manufacturing or other industrial or commercial establishment
for the purpose of recouping salvage value. All toxic and
hazardous wastes are toxic and hazardous materials.
cc. Underground when referring to tanks means 10 percent or more of
the volume located or situated below the final ground surface.
9
Section 4. - Powers of the Commissioner
a. The Commissioner may make, or cause to be made, any investigation
or study which, in his opinion, is desirable for
enforcing the provisions of this Article or controlling or
reducing the potential for pollution of the groundwaters or
surface waters of the County from toxic or hazardous materials.
b. The Commissioner shall prepare regulations and may from time to
time prepare revisions to such regulations to properly implement
the provisions of this Article, to include technical requirements,
administrative procedures, forms, and schedule of fees for
services, provided that such regulations are consistent with this
Article and are adopted by the Nassau County Board of Health.
c. The Commissioner may order the owner or any other person in
possession or control of any land, structure or equipment, or
agent of such owner or other person, to take whatever action is
necessary, to bring said land, structure, or equipment into
compliance with the provisions of this Article. Such action may
include, but is not necessarily limited to the following, either
singly or in any combination thereof:
1) ordering tank testing or the testing of the physical integrity
of pipes or any other part of a storage facility or ordering
the physical testing of the integrity of an entire storage
facility;
2) ordering the removal of the contents of a tank, portable
container, storage facility, or any part thereof;
3) ordering the removal, abandonment, or reconstruction of any
tank, storage facility, or any part thereof installed in
contravention of any of the requirements of this Article.
10
4) ordering that physical improvements be performed on any
tank, storage facility or part thereof before permitting it
to be returned to service including, but not limited to,
such improvements as tank lining removal and replacement,
and bottom and structural repairs;
5) ordering the preparation of and/or implementation of
contingency plans for emergencies, if there is evidence that
such plans may be necessary to protect the public from toxic
or hazardous materials stored at any particular facility;
6) ordering the posting of a performance bond or other security
acceptable to the Commissioner, if the evidence indicates to
the Commissioner's satisfaction, that such may be necessary
to protect the public from any actual or potential adverse
health and safety effects of operating such a facility;
7) establishing special requirements for any permit issued in
accordance with the provisions of this Article;
8) ordering the testing by the owner or operator of the
contents of any tank, portable container, pipe or storage or
transfer facility to establish if the contents are a toxic
or hazardous material; and,
9) ordering that employees of the Department be provided access
to any and all portions of a facility for the purpose of
determining compliance with all provisions of this Article.
d. The Commissioner may lower the quantity limitations listed in
Section 7 - Exemptions for specific toxic or hazardous materials
where necessary to protect the public health.
11
e. When a leak of toxic and hazardous materials or wastes is
suspected or appears probable, or where tests or inspections
have not been performed, or where accurate inventory records are
not kept and reconciled as required by this Article,
the Commissioner may order the owner or operator to inspect and to
test the tanks or equipment for tightness and structural
soundness. If the owner or operator fails to conduct such tests
and inspections within ten (10) days, the Department may
conduct, or have conducted, such inspections or tests for
tightness or structural soundness. The expenses of conducting
such tests as ordered by the Commissioner shall be paid by the
facility owner and or any other person in possession or control
of said facility.
Section 5. - Prohibited Discharges, Transporting and Disposal
a. No person shall discharge toxic or hazardous materials or wastes
in Nassau County, without a State Pollutant Discharge
Elimination System (SPDES) Permit or a permit issued by the
Department for that purpose and without being in compliance with
all provisions of that permit.
b. No person shall pick up, transport, or dispose of toxic or
hazardous waste in Nassau County without having a valid and
appropriate New York State industrial waste transporter's permit
or a permit issued by the Department for that purpose and
without being in compliance with all provisions of that permit.
c. Any permitted industrial waste transporter shall maintain a copy
of the permit on each vehicle operated by said transporter, at
all times.
12
d. No person shall generate, store or transfer toxic or hazardous
waste in Nassau County without a valid permit issued by the New
York State Department of Environmental Conservation and/or the
Department for that purpose and without being in compliance with
all provisions of that permit.
Section 6. - Permits and Registration
a. No person shall use, operate, construct, install, or
substantially modify a storage facility, or part thereof
designed, used for, or containing toxic or hazardous materials
and waste without having registered all tanks at the facility
with the Department and without having obtained a valid
construction or operation permit therefor issued under this
Article. All petroleum storage facilities with a total storage
capacity greater than 1,100 gallons must be registered with the
Department by December 27, 1986.
b. Any person in possession of or acting pursuant to a permit
issued under the provisions of this Article shall not undertake,
allow, or cause, any act in contravention of any provision of
the permit and of this Article.
c. No permit to construct or operate a storage facility as required
pursuant to this Article shall be issued by the Department
unless and until the prospective permittee:
1) has provided a listing to the Department of all of the toxic
or hazardous materials and waste that are or will be stored
at the storage facility, including the chemical names of all
substances or combinations or mixtures thereof by container or
tank and quantity; and,
13
2) has demonstrated in writing that said storage facility
complies with all of the provisions of this Article; and,
3) has registered all tanks with the Department in accordance
with the requirements of this Article.
d. Any permit issued pursuant to this Article shall be effective
only for the specified duration of time indicated thereon, not
to exceed five (5) years from the effective date thereof.
e. Any permit issued pursuant to this Article may be combined with
other permits issued by the Department. The decision to combine
permits rests solely with the Department.
f. Plans for new construction or substantial modifications to
existing facilities must be prepared by a licensed professional
engineer proficient in such matters.
Section 7. - Exemptions
a. Toxic or hazardous materials
1) Tanks for the storage of toxic or hazardous materials which
meet all of the following criteria shall be exempt from all
provisions of this Article except for those contained in
Sections 3 - Definitions; 4 - Powers of the Commissioner;
5 - Prohibited Discharges; 7 - Exemptions; 9.a.10) and
9.a.11) - General, 9.b.2)a) - New Facilities; 10.b.1) - New
Facilities; l5.a. and l5.c. - Reporting, Records, Cleanup;
l7 - Posting and Labeling; l8 - Waivers; 19 - Effective
Date; and the Regulations adopted thereunder.
a) The materials so stored are not toxic or hazardous
wastes, and
b) the total storage capacity of the tanks is less than 50
gallons for any halogenated hydrocarbons, and
14
c) the total storage capacity of [the] all tanks at the facility is less than
250 gallons for any other toxic or hazardous materials.
2) Containers for the storage of toxic or hazardous materials
which meet all of the following criteria shall be exempt
from all provisions of this Article except those contained
in Sections 3 - Definitions; 4 - Powers of the Commissioner;
5 - Prohibited Discharges; 7 - Exemptions; 9.a.10) and
9.a.11) - General, 9.b.2)a) - New Facilities; l5.a. and
l5.c. - Reporting, Records, Cleanup; l7 - Posting and
Labeling; l8 - Waivers; 19 - Effective Date, and the
requirements adopted thereunder.
a) The materials so stored are not toxic or hazardous
wastes, and
b) the total storage capacity of the containers is less
than 50 gallons for any halogenated hydrocarbons, and
c) the total storage capacity of the containers is less
than 250 gallons for any other toxic or hazardous
materials, and
d) the containers are stored within a weathertight, heated
structure.
3) All storage of toxic and hazardous materials in containers of
five gallon capacity or smaller, where the total capacity
stored at any time does not exceed 250 gallons or where the
dry storage in bags, bulk or small containers does not
exceed 2,000 pounds, is exempt from all provisions of this
Article unless specifically ruled otherwise by the
Commissioner on a case-by-case basis as inconsistent with
the intent of this Article.
15
4) All storage of toxic or hazardous materials in tanks or
containers which are covered by the provisions of the Nassau
County Fire Prevention Ordinance are exempt from all
provisions of this Article.
5) All existing fuel oil storage facilities with a capacity of
1100 gallons or less which are used solely for on-site space
heating purposes shall be exempt from all provisions of this
Article, except for Sections 3 - Definitions; 4 - Powers of
the Commissioner; 5 - Prohibited Discharges; 7 - Exemptions;
9.a.2), 9.a.l0) and 9.a.l1) - General; l5.a. and l5.c.
Reporting, Records, Cleanup; l8 - Waivers; 19 - Effective
Date, and any Regulations adopted thereunder.
6) All new and replacement underground fuel oil storage
facilities with a capacity of 1100 gallons or less used
solely for on-site space heating purposes shall be exempt
from all provisions of this Article except for Sections 3
Definitions; 4 - Powers of the Commissioner; 5 - Prohibited
Discharges; 7 - Exemptions; 9.a.2), 9.a.10) and 9.a.11)
General, 9.b.2.a) - New Facilities; l0.b. - New facilities;
l5.a. and l5.c. - Reporting, Records, Cleanup; l8
Waivers; 19 - Effective Date, and any Regulations adopted
thereunder.
7) All new and replacement aboveground fuel oil storage
facilities with a capacity of 1,100 gallons or less used
solely for on-site heating shall be exempt from all
provisions of this Article except for Sections 3
Definitions; 4 - Powers of the Commissioner; 5 - Prohibited
16
Discharges; 7 - Exemptions; 9a.10) and 9.a.11) - General,
9.b.2)a) - 11.b New Facilities; 15.a and 15.c - Reporting,
Records, Cleanup; 18 - Waivers; 19 - Effective Date, and any
Regulations adopted thereunder.
8) All aboveground and underground petroleum storage facilities
that are oil production facilities, facilities licensed
under Article 12 of the Navigation Law, or facilities
regulated under the federal Natural Gas Act are exempt from
all provisions of this Article.
b. Toxic or Hazardous Wastes
l) All storage of toxic and hazardous wastes except medical
wastes in tanks and containers which meet all of the
following criteria shall be exempt from all provisions of
this Article except those contained in Sections 3
Definitions; 4 - Powers of the Commissioner; 5 - Prohibited
Discharges; 7 - Exemptions; 9.a.10) and 9.a.11) - General,
9.b.2)a) - New Facilities; l5.a. and l5.c. - Reporting,
Records, Cleanup; l7 - Posting and Labeling; l8 - Waivers;
19 - Effective Date, and the Regulations adopted thereunder.
a) The total generation per month, and storage or
accumulation at any time is less than l00 kilograms of
hazardous waste, and
b) for industrial or commercial establishments the total
storage or accumulation at any time is 27.5 gallons or
less of liquid wastes which if disposed or discharged
would be in noncompliance with a New York State
Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) Permit
17
if said permit were to be issued.
2) Medical wastes generated in a private home by a resident of
the home or by a person providing care to a resident of the home shall be exempt from
regulation by this ordinance if the waste is disposed of from the home.
Section 8. - Transfer of Permits Prohibited
No person shall transfer a permit issued pursuant to Section 6 of
this Article from one location to another, from one storage facility
to another, or from one person to another. Any permit transferred
in violation of this section shall be deemed null and void, and
without any effect whatsoever as of the date of said unlawful
transfer. However, upon making proper application, a new owner of a
facility which was previously operating under a valid permit may
continue the same operation under the terms of the old permit until
such time as the new permit is issued or denied.
Section 9. - Storage and Transfer Facilities
a. General
1) All storage facilities or parts thereof must be equipped
with a means of calculating product delivery and
consumption. Accurate records must be kept of all
deliveries and consumption and the figures reconciled daily
in an approved manner. Any unusual inventory variations
greater than 3/4 of 1 percent shall be immediately reported
to the Department.
2) No person shall abandon or render out-of-service any storage
or transfer facility or part thereof without doing so in
accordance with requirements adopted under this Article.
18
a) Forms of surety or financial assurances may be required
by the Department to ensure proper closure of the
facilities. The amount of such financial assurances
will be set by the Commissioner.
3) No person shall sell or transfer to another an improperly
abandoned storage or transfer facility or land containing
these facilities unless the purchasing party has been made
fully aware in writing of such improper abandonment.
4) The owner or other person in possession or control of a
storage or transfer facility or part thereof shall not
render it out-of-service unless said storage facility
or part thereof is planned to be returned to active service
within one (1) year of its placement out-of-service, it is
returned to active service within said one (1) year pursuant
to the provisions of this Article, it is drained of all
liquid, the fill line, gauge opening and discharge line
are capped and blind flanged and secured against tampering, and
the vent line is left open.
5) No person shall place toxic or hazardous materials in an
abandoned or out of service storage facility.
6) No person shall bring an out-of-service storage or transfer
facility back into service without the written approval of
the Department.
7) No person shall repair, alter or prepare for use or bring
back into service any abandoned storage or transfer facility
without first obtaining a permit from the Department.
19
8) The owner or other person in possession or control of a
storage or transfer facility or part thereof or the real
property on or in which it is situated shall upon discovery
of abandonment:
a) Immediately remove all toxic or hazardous materials
and;
b) Within 90 days permanently remove the storage or
transfer facility, or part thereof, in accordance with
the requirements adopted under this Article unless
approval is granted by the Commissioner to do otherwise.
9) No person shall replace or cause the replacement of any
storage or transfer facility or part thereof for any reason
without complying with the new storage or transfer facility
Regulations adopted under this Article.
10) When a storage or transfer facility or part thereof is found
to be leaking, it must immediately be emptied of all
contents therein contained and rendered out - of - service
by the owner or his agent unless written approval is
specifically granted by the Department to do otherwise.
11) The owner or other person in possession or control of a
leaking storage or transfer facility or part thereof shall
not cause or permit the leaking portion to remain in service
or to continue to retain its toxic or hazardous material
contents after said owner or other person in possession or
control knows or should know of the existence of the leak.
20
b. New Facilities
1) For the purpose of this Article a new storage or transfer
facility shall be one for which construction is not
substantially complete by the effective date of this
Article.
2) No person shall fabricate, construct, install, sell, use,
put into service, or maintain a new storage or transfer facility
or part thereof:
a) in a manner which will allow the discharge of toxic or
hazardous materials to the ground, groundwaters, or
surface waters of Nassau County; and
b) without previously having submitted plans therefore to
the Department, and without having received approval of
said plans; and
c) without providing proof of compliance with the plans
submitted to and approved by the Department. Proof of
compliance shall include a certification by a licensed
professional engineer stating that the construction is
in complete compliance with the approved plans; and
d) without complying with all Regulations adopted under
this Article with respect to but not limited to,
materials of construction, overfill protection, spill
protection, monitoring and leak detection, cathodic
protection, weather and moisture protection, secondary
containment, and certification of installation.
21
c. Existing Facilities
1) For the purpose of this Article an existing storage or
transfer facility shall be one for which construction was
substantially complete by the effective date of this Article.
2) No person shall substantially modify, cause or allow the
substantial modification of any existing storage or transfer
facility:
a) without previously having submitted plans therefore to
the Department and without having received approval
of said plans; and
b) without providing proof of compliance with the plans
submitted to and approved by the Department. Proof of
compliance shall include certification by a licensed
professional engineer that the construction is in
complete compliance with the approved plans; and
c) without complying with all Regulations adopted under
this Article.
3) a) No person shall use or maintain the existence of any
existing storage or transfer facility without modifying
the facility or repairing any defects in said storage
facility so as to comply with all requirements adopted
under this Article including, but not limited to,
overfill protection, spill protection, monitoring and
leak detection, cathodic protection, secondary
containment and interior coating.
22
b) All modification of storage and transfer facilities for
products covered under this Article except existing
underground storage facilities, existing on the
effective date of this Article shall be completed in
accordance with a schedule to be developed in
the Regulations adopted under this Article but in no event
later than January 1, 1996.
c) All storage and transfer facilities that cannot be
modified in accordance with the Regulations adopted
under this Article and the schedule developed in the
Regulations shall be replaced in accordance with the
requirements for new storage and transfer facilities.
Section 10. - Underground Storage Facilities
a. General
1) In addition to the requirements of this section, all
underground storage facilities must conform to the
requirements of Section 9.
2) All underground storage facilities or parts thereof must be
provided with a means of monitoring frequently and
accurately for any leakage or spillage that may occur. All
leak detection systems and tanks shall be monitored by the
facility operator on a weekly basis and the results
recorded and kept with the product inventory records. Leak
detection and monitoring must conform to the Regulations
adopted under this Article.
23
b. New Facilities
1) All new underground storage tanks, including all piping,
shall be double walled or equivalent and in accordance with
all requirements adopted under this Article. All new
underground storage facilities of less than 1,100 gallons
storage capacity used solely for on site space heating
purposes may be of single walled fiberglass construction.
All tanks and appurtenances are to be installed in a
professional and workmanlike manner in accordance with
manufacturer's recommendations. The determination of
equivalency shall rest solely with the Department.
2) A means of overfill protection shall be provided for all new
underground storage facilities or parts thereof and for all
replacement underground storage facilities or parts
thereof. Overfill protection shall consist of either an
overfill protection device or a product-tight containment
capable of intercepting and preventing the release to the
ground, groundwater, or surface water of an overfill spill
and shall be in accordance with the Regulations
adopted under this Article.
3) All new underground storage facilities must be tested
for tightness in accordance with Regulations adopted under this
Article before being placed in service.
c. Existing Facilities
1) All underground storage facilities existing on
August 1, 1986 which do not meet the requirements for new
tanks, must be tested and inspected at the following
frequency:
24
Testing Schedule (Corrodible and Noncorrodible Tanks)
Age of Tank Test Date (Initial)
25 years or greater August 1, 1987
10 years to 24 years December 27, 1987
5 years to 9 years August 1, 1991 or on
10th anniversary, whichever
is sooner
0 to 4 years within 6 mos. of 5th
anniversary
Note: Underground storage tanks that contain #5 or #6 Fuel Oil and
that are 10 years of age or older are exempt from the above
Initial Testing Schedule and are required to be initially
tested by December 27, 1988.
Repeat Testing
Corrodible Tanks
Tanks 20 years of age or older, retest every year; tanks
less than 20 years of age, retest every 2 years.
Noncorrodible Tanks
Test every 5 years, after initial test.
2) Testing and inspection for tightness shall include all
tanks, piping, fittings, valves and connections for the
facility.
3) If for any reason testing satisfactory to the Department
cannot be performed, the storage facility must be rendered
out of service or brought up to the requirements for new
storage facilities.
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4) Testing and inspection shall be done in accordance with the
Regulations adopted under this Article and shall be recorded
on a Certificate of Test Completion supplied by or
acceptable to the Department.
5) Certificates of Test Completion and other supporting
material shall be prepared by the tester and submitted to
the Department within thirty (30) days after completion of
the testing.
6) Certificates of Test Completion shall be prepared and all
testing performed by a tester whose qualifications are
acceptable to the Department. Acceptance of qualifications
will be based on submission of proof that the tester has
received training and/or certification from a recognized
school or agency or other proof of training, experience or
expertise in testing underground tanks.
7) All existing underground storage facilities shall be
replaced or modified so as to be in accordance with the
requirements for new storage facilities in accordance with
the following schedule. The age of a tank is the age
measured from the date of installation as of August 1, 1986.
Replacement Schedule
Age of Tank in Service Replace Tank by:
30 years or older August 1, 1990
25 years to 29 years August 1, 1993
20 years to 24 years August 1, 1996
15 years to 19 years August 1, 1999
Less than 15 years August 1, 2005
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Section 11. - Aboveground Storage Facilities
a. General
1) In addition to the requirements of this section all
aboveground storage facilities must conform to the
requirements of Section 9.
b. New Facilities
1) No person shall construct, fabricate, install, use or
maintain any new aboveground storage facility without
providing a positive means of detecting an overfilling
condition therein before any spillage can occur, which
detection system shall include but not
be limited to, alarms both visible and audible at a point on
the premises most frequently manned. The overflow point
must be clearly visible to the operator filling the facility
where possible or an operator of the receiving facility when
the fill point is remote from the receiving facility.
2) No person shall fabricate, construct, install, use or
maintain any new aboveground storage facility sitting on the
ground and making contact therewith or partially buried in
the ground, unless and until the exterior surface of the
areas in contact with the ground are cathodically protected
in accordance with the requirements adopted under this Article.
3) All tanks and appurtenances are to be installed in a
professional and workmanlike manner and in accordance with
industry standards. All piping to and from the storage
facility is to be protected from corrosion in accordance
with the Regulations adopted under this Article.
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4) No person shall fabricate, construct, install, use, or
maintain any new aboveground storage facility or part
thereof without having constructed around and under it an
impervious containment and dike enclosing the storage
facility and provided leak detection in accordance with the
Regulations adopted under this Article.
5) For aboveground 275-gallon capacity petroleum product
storage tanks used solely for heating purposes at
single-family residences, a concrete pad extending six
inches from the outside boundaries of the tank may be
utilized to satisfy secondary containment provisions.
c. Existing Facilities
1) All existing aboveground storage tanks sitting on or in
the ground and making contact therewith shall be drained,
cleaned, sand blasted, tested and repaired, and the interior
bottom coated to prevent corrosion in accordance with the
Regulations adopted under this Article. The above shall be
completed in accordance with the permit but in no event more
than five years from the effective date of this Article.
2) All existing aboveground storage tanks which are in contact
with the ground shall be equipped with overfill protection
and cathodic protection in accordance with the Regulations
adopted under this Article. Overfill and cathodic
protection shall be installed in accordance with the permit
but in no event more than five years from the effective date
of this Article.
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3) Any existing aboveground storage facility operator, owner,
lessee or person shall inspect their tanks and file an
acceptable Proof of Inspection with the Department in
accordance with the Regulations adopted under this
Article. Aboveground storage facilities or parts thereof
sitting on the ground and in contact therewith or partially
buried in the ground and in contact therewith shall be
emptied and cleaned to facilitate inspection of portions
thereof not accessible from the outside. Inspections shall
be performed at frequencies not to exceed five years.
4) Inspection shall include all tanks, piping fittings, valves
and connections of the facility.
5) If for any reason an inspection to demonstrate compliance
with the provisions of this Article and to determine the
integrity of the tank(s) cannot be performed, the tanks(s)
must be removed from service or brought up to the
requirements for new tanks.
6) Inspections shall be done in accordance with the
requirements adopted under this Article and shall be
recorded on a Proof of Inspection form supplied by or
acceptable to the Department.
7) Proof of Inspection shall be submitted to the Department
within thirty (30) days after the inspection and before the
tank is refilled.
8) Proof of Inspection shall be prepared and all inspections
performed by a person or firm whose qualifications are
acceptable to the Department. Acceptance of qualifications
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will be based on submission of proof that the inspector has
received training and/or certification from a recognized
school or agency, or other proof of training, experience or
expertise in inspecting tanks.
Section 12. - Transfer Operations
a. In addition to the requirements of this section, all
transfer facilities must conform to the requirements of
Section 9.
b. No person shall transfer, cause the transfer or permit the
transfer of toxic or hazardous materials to or from a
storage facility, part thereof or vehicle, where conditions
at the transfer facility are inadequate in the judgment of
the Department at the time of said transfer to ensure a safe
transfer operation without the likelihood of occurrence of
spills, leaks, or other accidents.
c. All transfer facilities shall be constructed so that all
possible points of overflow are visible from the loading and
unloading locations, and the vehicle, or the portion thereof
receiving the delivery shall have adequate capacity to
contain the amount of toxic or hazardous material being
transferred or to be transferred, and a person performing or
causing said transfer shall insure by some reliable means
that the vehicle, storage facility or part thereof has
adequate capacity and capability to contain the amount of
toxic or hazardous material being transferred or to be
transferred.
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d. All transfer facilities shall be in full compliance with all
provisions of the permit for the facility and all
Regulations adopted under this Article.
e. All transfer facilities shall be constructed with a level of
spill protection equivalent to that provided by a fill stand
area completely paved and curbed with an impervious material
and drained to a holding tank of adequate size to contain
any spill that could reasonably be expected to occur from
the normal operation of the facility, and roofed so as to
exclude precipitation which would otherwise tend to fill the
holding tank.
Section 13. - Bulk Storage of Toxic or Hazardous Materials
a. In addition to the requirements of this section, all bulk
storage facilities must conform to the requirements of Section 9.
b. No person shall fabricate, construct, install, modify, repair,
use, maintain, or operate, any bulk storage facility or part
thereof without doing so in a manner that will prevent the toxic
or hazardous materials contained therein from coming into
contact with precipitation or other sources of moisture and so
as to prevent the development of an explosive, incendiary, or
other hazardous or dangerous condition; and without:
1) Providing for the segregation of potentially reactive
chemicals which are toxic or hazardous materials or
which may react so as to form toxic or hazardous
materials, which reaction may present or cause a
hazardous or dangerous condition; and without,
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2) Providing for and storing bagged toxic or hazardous
materials on pallets, and within a roofed structure
that prevents precipitation from reaching the bags;
and without,
3) Providing an impervious floor without floor drains with
a surrounding impervious dike so as to provide
containment for hazardous or toxic materials generated
from firefighting; and without,
4) Providing for adequate security so as to protect the
storage facility and toxic or hazardous contents
therein from vandalism and accident; and without,
5) Complying with any other requirements adopted under
this Article.
c. Road deicing salt and other deicing materials or mixtures
containing salt or other deicing materials must be stored in an
approved permanent, weathertight, enclosed structure on an
impervious floor. Outside areas used for mixing of road deicing
salts or other deicing materials with abrasives shall have an
impervious pad designed to collect and store the brine runoff
for proper disposal in accordance with federal, State and local
requirements. Brine shall not be discharged onto the ground,
into the groundwater, or into any body of fresh surface water.
An approved structure may not be required for the storage of
road deicing material when such storage is located on or near a
body of marine surface water, and when all brine runoff can be
discharged directly into the marine surface water in accordance
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with Federal, State and local requirements. The deicing
material must be stored on an impervious, diked pad and covered
with a properly secured, waterproof material to minimize any
discharge of brine runoff to the marine surface waters. The
storage of road deicing salt, other deicing materials or
mixtures shall also be in compliance with the provisions of the
permit issued for each facility and all Regulations adopted
under this Article.
Section 14. - Containers
a. In addition to the requirements of this section, all container
storage facilities must conform to the requirements of Section 9.
b. No person shall fabricate, construct, install, operate, or
otherwise create a container storage facility or part thereof
containing toxic or hazardous materials, without doing so in a
manner to prevent the discharge of any of the toxic or hazardous
contents of the containers therein to the ground, groundwaters
or surface waters of Nassau County, and without:
1) First having submitted satisfactory plans and specifications
therefore to the Department for approval; and without,
2) Constructing, installing, fabricating, operating or
otherwise creating said storage facility in accordance with
the reports, specifications and plans submitted and approved
by the Department; and without,
3) Constructing, fabricating, installing, operating, or
otherwise creating a storage facility or part thereof in
accordance with the Regulations adopted under this Article.
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c. The owner or other person in possession or control of a container
storage facility shall comply with all Regulations adopted under this Article.
d. No person shall repair or modify or cause or permit said repairs
or modifications of a container storage facility or part thereof
for the storage of toxic or hazardous materials without
performing said repairs or modifications or having them performed,
pursuant to plans and specifications previously submitted to and
approved by the Department.
Section 15. - Reporting, Records, Cleanup
a. The owner or other person in possession or control of any storage
or transfer facility or part thereof, or any person with knowledge
of such events, shall report by the fastest means possible any
unauthorized discharge, spill, leak, or recognizable loss of toxic
or hazardous materials therefrom, or the failure of said storage
facility, to the Department within two (2) hours of the time such
owner or other person had sufficient evidence that he or she knew
or should have known of said unauthorized discharge, spill, leak,
loss, or failure. A report to the Department shall not be deemed
to constitute compliance with any reporting requirement of any
other federal, State, or local law.
b. The owner or other person in possession or control of any storage
or transfer facility or part thereof shall keep records in writing
reflecting the types and amounts of toxic or hazardous materials
stored in the said storage or transfer facility or part thereof at
any given time. These records shall be stored in a manner to
provide access to them during an emergency.
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1) The owner or other person in possession or control of
any storage or transfer facility or part thereof shall
keep records of the disposal or other transfer in or
out of the said storage or transfer facility or part
thereof, such records reflecting the types and amounts
of toxic and hazardous materials involved in the
transfer.
2) No person required to keep records by any provision of
this Article shall fail to make said records available
for inspection by the Commissioner or his
representative, for at least five (5) years from the
date of the event, occurrence, or transaction recorded.
Copies of all records shall be provided to the
Department when requested.
3) No person required to keep records by any provision of
this Article shall fail to keep, record, and maintain
said records in accordance with Regulations adopted
under this Article.
4) No person shall fail to submit a report of the types
and amounts of toxic or hazardous materials stored in a
storage facility upon request of the Commissioner and
to periodically update said report on a frequency to be
determined by the Commissioner.
c. It shall be the responsibility and obligation of any person or
owner, in possession or control of any facility discharging
toxic or hazardous materials who causes or permits the discharge
of any toxic or hazardous material to the ground, groundwaters
or surface waters of Nassau County to cease said discharge, to
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reclaim, recover and/or properly dispose of the discharged toxic
or hazardous material and any other substance contaminated
therefrom, to restore the environment to a condition and quality
acceptable to the Department, and to repair any damages caused
thereby, all to the satisfaction of the Department. Cleanup
shall be in accordance with a remedial plan previously submitted
to and approved by the Department.
1) No person required by provisions of this Article, or by any
order of the Commissioner, shall fail to reclaim, recover,
or otherwise dispose of, discharged toxic or hazardous
materials and other substances contaminated therefrom and/or
to restore the environment to the condition that existed
prior to the discharge of toxic or hazardous materials
thereto, or to fail to perform said required acts pursuant
to any Regulations adopted under this Article.
2) No person shall store toxic or hazardous materials without
first having a standard operating procedure (SOP) for
handling of said materials acceptable to the Department and
a copy of such SOP posted in all areas where hazardous
materials are used and/or stored. All provisions of the SOP
shall be followed.
d. It shall be the responsibility of all Towns, Cities, and
Villages in Nassau County to insure compliance with all
requirements of the Article and all Regulations adopted
thereunder by requiring applicants to obtain approvals from the
Department on all matters covered by this Article prior to
issuance of any permits or approvals by the local jurisdiction.
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e. All persons having information relating to tanks, including, but
not limited to, sales, installation, leakage and testing of
same, are required to report this information to the Department
upon request of the Commissioner.
Section 16. - Confidentiality of Records
a. If any information identified by the owner as confidential
relating to secret processes, or methods of manufacture or
production, is obtained in the course of an inspection or
investigation, or submitted to the Department, it shall be kept
confidential except for the use and purpose of the Department in
the enforcement of the provisions of this Article.
b. In the event that a person claims to be unable to file complete
reports and/or plans and specifications on the grounds that it
relates to and is part of a secret process or method of
manufacture or production, an affidavit signed by an authorized
person must be filed with the Department describing:
1) Location of the process or equipment, identifying the
building and the section or part of the building in which it
is located;
2) In general terms, the name of the process equipment;
3) Means to be employed for the control of water contaminants;
4) Nature and estimated rate of discharge of contaminants to
the ground or surface waters;
5) Authority of the person signing the affidavit;
6) A sworn statement that the installation is related to a
secret process or method of manufacture or production. In
the event any such affidavit is filed, the Department shall
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determine the extent to which an exemption should be
granted. Any information relating to secret processes,
methods of manufacture or production which may be required,
ascertained or discovered by the Department shall not be
disclosed, and shall be kept confidential.
Section 17. - Posting and Labeling
a. The owner or other person in possession or control of any place,
building, land, or thing shall not store toxic or hazardous
materials therein or thereon without conspicuously posting a
notice on the premises warning of the presence of such materials
and providing any safety information necessary to protect the
public and assist emergency response personnel in carrying out
their responsibilities.
b. No person shall use, maintain or operate any storage facility or
part thereof without:
1) Clearly labeling the specific contents of each portable
container conspicuously on said container; and
2) Clearly labeling the specific contents of each aboveground
tank conspicuously thereon; and
3) Clearly labeling the specific actual, intended and possible
contents of piping associated with any storage facility
or part thereof at or near the points of filling or drawing; and
4) Conspicuously posting on the premises of the facility any
permit issued pursuant to this Article; and
5) Posting additional signs, upon request of the Commissioner,
on the premises with sufficient information on the types and
38
quantities of toxic and hazardous materials stored to assist
emergency response personnel. The number, location, size
and wording of these signs shall be approved by the
Department.
c. No person shall falsely post or label any container or storage
facility or post an invalid permit.
d. All labels and posting of information and/or signs shall be in
accordance with the Regulations adopted under this Article.
Section 18. - Waivers
a. For those Facilities of over 1100 gallons storage capacity
containing Petroleum products as defined in Section 3(q),
a waiver may be granted by the Commissioner only for those
provisions pertaining to new or substantially modified
facilities.
b. For those Facilities that have a total storage capacity for
petroleum products of 1,100 gallons or less or those
facilities or tanks that do not store petroleum products as
defined in Section 3(q), the Commissioner may waive any
requirement, mandate, prohibition or time limitation imposed
by the provisions of this Article or any procedure,
standard, requirement or order generated thereunder.
c. Requests for waivers must be made in writing and include
sufficient information so that a determination that the
request for a waiver is in accordance with the intent of
this Article may be made.
Section 19. - Effective Date
This Article shall become effective on February 1, 1986.
Amended July 25, 1986. Effective August l, l986.
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