N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-1.14

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

Section 598-1.14 - Registration

(a) Registration of facilities.

(1) General. The owner must obtain an initial or revised registration certificate from the department prior to the first receipt of a hazardous substance into a tank system. The facility owner must ensure that the registration information identified in paragraph (a)(5) of this subdivision remains current and accurate. In addition, every temporary tank system that is not removed within 90 days after installation must either be included on a new facility registration or be added to an existing facility's registration. The owner may rely on an authorized representative to satisfy any obligation imposed on the owner by the provisions of this section.

(2) Transition from earlier regulation. Unless the registration certificate must be revised or newly issued pursuant to the terms of paragraphs (1) or (4) of this subdivision, a registration certificate held by a facility on EFFECTIVE DATE that was issued pursuant to terms of the former Part 596 of this Title remains valid until the expiration date recorded on the certificate.

(3) Renewal. Registration must be renewed every two years from the date of the last valid registration certificate until the department receives written notice and documentation from the owner that the facility has been permanently closed, or that ownership of the facility has been transferred in accordance with paragraph (4) of this subdivision.

(4) Application procedure for new facilities and transfer of ownership.

(i) If ownership of the real property on which a facility is located is transferred, the new owner must submit an application to initially register the facility with the department within 30 days after the transfer.

(ii) The owner must apply for a registration certificate using forms or electronic means as provided by the department. Forms are available online at www.dec.ny.gov and at all department offices.

(iii) Each application for a new registration or transfer of facility ownership must be accompanied by a copy of the current deed for the property at which the facility is located. If the facility is located on multiple properties, deeds for each property must be submitted with the application. If a deed does not exist for a particular property, the application must be accompanied by other evidence of ownership of the property.

(iv) The application must be signed by the owner or owner's authorized representative.

(v) Every application for a registration certificate must be accompanied by payment of the applicable registration fee established in subdivision (b) of this section.

(5) Application procedure for information correction.

(i) Within 30 days after any of the information identified in subparagraph (iii) of this paragraph changes at the facility, the facility owner must submit an application to the department reflecting the changes to keep the registration current and accurate. The owner must submit information corrections for registered facilities using forms or electronic means as provided by the department. Forms are available online at www.dec.ny.gov and at all department offices.

(ii) The registration application must be signed by the owner.

(iii) Changes in the following registration items are considered information corrections:

('a') contact information;

('b') tank system owner;

('c') facility operator;

('d') Class A or Class B operator;

('e') tank system status (e.g., the tank becoming out-of-service or returning to service);

('f') tank system equipment; or

('g') type of hazardous substance stored.

(iv) No registration fee is required for submitting corrections of information.

(6) Application procedure for permanent closure of tank systems.

(i) When a tank system is going to be permanently closed, the owner must notify the department of this action at least 30 days prior to the permanent closure (unless such action is in response to corrective action in accordance with Subpart 6 of this Part) using forms or electronic means provided by the department. For any tank removed from a registered facility, any change in applicable fees will not be assessed until the registration is due for renewal.

(ii) Within 30 days after permanent closure, the owner must submit an application to the department indicating that the tank system has been permanently closed. The application must be signed by the owner.

(7) Registration certificate. Upon submittal of a complete registration application and payment of the applicable registration fee, the department will issue a registration certificate. The current registration certificate must be displayed at all times in a conspicuous location at the facility.

(8) Advance notification of installation of a tank system.

(i) When a tank is intended for installation, the owner must notify the department of this action at least 30 days prior to installing the tank, using forms or electronic means provided by the department, unless immediate action is required to protect public health, safety, or the environment or immediate action is necessary to keep the facility operating. When immediate action is required, the department must be notified no later than two hours after the decision is made by the owner to act.

(ii) Within 30 days after tank installation, the owner must submit an application to the department indicating that the tank has been installed. The application must be signed by the owner. (b) Registration fees for facilities.

(1) Registration fees. Registration fees are assessed on the basis of the size and number of tanks in each system. Manifolded tanks are considered to be a single tank within a tank system for registration purposes. For the largest 250 tanks at the facility, the owner must submit with each application for registration, reregistration or renewal, a two-year fee as follows:

Design Capacity of Tank Fee

Less than or equal to 550 gallons: $50 per tank

551-1 ,100 gallons: $100 per tank

Greater than 1,100 gallons: $125 per tank

For each additional tank at the facility, the fee is as follows:

Design Capacity of Tank Fee

Less than or equal to 550 gallons: $ 50 per tank

551-1 ,100 gallons: $75 per tank

Greater than 1,100 gallons: $75 per tank

In no case shall the registration fee charged for all tank systems located at a facility exceed $50,000.

(2) Fee increases due to newly installed tank systems. No increased fee is due on account of newly installed tank systems at a facility until the facility's registration is due for renewal.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-1.14

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