N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-1.9

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

Section 613-1.9 - Registration

(a)General.

(1) The facility owner must register the facility with the Department and obtain an initial or revised registration certificate prior to the first receipt of petroleum into a new or replaced tank system. For the purposes of registration, compartments of a compartmented tank system must be registered as separate tanks.

(2) The current registration certificate must be signed by the facility owner and displayed at all times in a conspicuous location at the facility.

(3) Registration must be renewed every five years after the date of the last valid registration certificate until the Department receives written notice and documentation from the facility owner that the facility has been permanently closed in accordance with the provisions of this Part, or that ownership of the facility has been transferred in accordance with paragraph (c)(3) of this section.

(4) The facility owner must ensure that the registration information identified in subparagraph (c)(4)(i) of this section remains current and accurate. In addition, every temporary tank system that is not removed within 180 days after installation must be included on the facility registration.

(5) The facility owner must submit all registration applications in accordance with the procedures in subdivision (c) of this section and using forms or electronic means provided by the Department. Forms are available online at www.dec.ny.gov and at all Department offices. The facility owner may rely on an authorized representative to satisfy any obligation imposed on the owner by the provisions of this section.

(b)Transition from earlier regulation. Unless the registration certificate must be revised or newly issued in accordance with the terms of subdivision (a) or (c) of this section, a registration certificate held by a facility on October 17, 2023 that was issued in accordance with terms of the previous Part 613 of this Title remains valid until the expiration date recorded on the certificate.

(c)Registration application procedures.

(1)Initial registrations.

(i) Each application for an initial registration 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.

(ii) Each application for an initial registration must be accompanied by payment of the applicable per-facility registration fee in Table 1:

Table 1: Facility Registration Fees
Total Design Capacity of All Tanks at the Facility	Fee Per Facility
>110 gallons to 1,100	$0
>1,100 to 2,000	$100
>2,000 to <5,000	$300
5,000 to <400,000	$500

(iii) The application must be signed by the facility owner.

(2)Renewals.

(i) Each application for a renewal must be accompanied by payment of the applicable per-facility registration fee in Table 1.

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

(3)Transfers of ownership.

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

(ii) Each application for a transfer of ownership registration 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.

(iii) Each application for a transfer of ownership registration must be accompanied by payment of the applicable per-facility registration fee in Table 1, regardless of the expiration date on the certificate held by the previous facility owner.

(iv) The application must be signed by the facility owner.

(4)Information corrections.

(i) Changes in the following registration items are examples of information corrections:

(a) contact information;

(b) tank system owner;

(c) 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 petroleum stored.

(ii) Within 30 days after any of the information identified in subparagraph (i) 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.

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

(iv) The application must be signed by the facility owner.

(5)Storing biofuel blends. When a tank system is intended to store a biofuel blend containing either greater than ten percent ethanol or greater than 20 percent biodiesel, the facility owner must notify the Department at least 30 days prior to storing the biofuel blend.

(6)Tank installation.

(i) Except in the case of a temporary tank system, when a tank is intended for installation, the facility 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. For any tank installed at a previously registered facility, any change in applicable fees will not be assessed until the registration is due for renewal.

(ii) Within 30 days after tank installation, the facility owner must submit an application to the Department indicating that the tank has been installed. The application must be signed by the facility owner.

(7)Permanent closure.

(i) When a tank system is going to be permanently closed, the facility 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 7 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 facility owner must submit an application to the Department indicating that the tank system has been permanently closed. The application must be signed by the facility owner.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-1.9

Adopted, New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff. 10/11/2015

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