N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-1.9

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

Section 598-1.9 - Spill Prevention Report

(a) The owner or operator of any facility must prepare and maintain a spill prevention report for preventing and responding to spills, releases and accidents at the facility. The report must be properly indexed, logically organized, and filed on the premises of the facility at all times. The report must be updated at least annually. If requested, the owner or operator must supply a copy of the report to the department. The comprehensiveness of the spill prevention report will be a function of the risks at the facility. At facilities with good operating histories, small quantities of low hazard substances in areas of minimal environmental risk, reports will contain basic information and assessments. Where facilities or risks are larger, the report will assess such risks and will be proportionately more complex.

(b) The spill prevention report must include the following:

(1) a copy of the registration application and certificate issued under section 1.14 of this Part;

(2) management approval of the report evidenced by the signature of the principal executive officer or authorized representative;

(3) an up-to-date facility site map of sufficient detail to locate and identify tank systems and transfer stations;

(4) the name, signature, and license number of the professional engineer licensed in New York State or other qualified person who prepared the plan;

(5) a listing and summary description, for the past five years, of spills:

(i) required to be reported under State or Federal law; and

(ii) which the facility can ascertain have occurred through an examination of existing books, records, or other documentation. This must address the magnitude and impact of such spills and be updated to incorporate reports required under sections 2.4, 3.4, and 4.4 of this Part;

(6) identification and assessment of causes of spills, leaks and releases at the facility;

(7) status report on compliance with this Part;

(8) an appendix of those records (or index of records) which must be kept and made available to the department pursuant to requirements of this Part;

(9) evidence of financial responsibility if required by section 1.15 of this Part; and

(10) a plan for spill response, including: a prediction of the direction of flow or dispersion of a spill; a map showing areas impacted by a spill including sewers, drainage ditches, water supplies, wells, streams and populated areas; a list of equipment and materials to contain a spill; name and phone number for emergency contacts, coordinators, and clean-up contractors; spill reporting procedures; plans for annual drills and other information consistent with generally accepted spill prevention control and countermeasure practices.

(c) The spill prevention report must contain a discussion and assessment of any equivalent equipment, method or practice where allowed under this Part. The assessment must demonstrate through engineering, monitoring, data, tests or past experience that measures or practices are in-place at the facility which are equivalent or superior to the standards for protecting the environment set forth in this Part.

(d) Where the owner or operator is required to perform a site assessment pursuant to section 1.11 or subdivision 2.6(d) of this Part, the spill prevention report must contain the site assessment and findings.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-1.9

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