N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-8.5

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

Section 613-8.5 - Reporting by tank system owner or operator

(a) A tank system owner or operator must submit the appropriate forms listed under subdivision 8.6(b) of this Subpart documenting current evidence of financial responsibility to the Commissioner of the Department:

(1) within 30 days after the tank system owner or operator identifies a release from an underground storage tank required to be reported under 2.4(d), 5.4(a), or 6.2;

(2) if the tank system owner or operator fails to obtain alternate coverage as required by this Subpart, within 30 days after the tank system owner or operator receives notice of:

(i) commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a provider of financial assurance as a debtor;

(ii) suspension or revocation of the authority of a provider of financial assurance to issue a financial assurance mechanism;

(iii) failure of a guarantor to meet the requirements of the financial test;

(iv) other incapacity of a provider of financial assurance; or

(3) as required by subparagraph 8.4(d)(1)(vi) and paragraph 8.4(f)(2) of this Subpart.

(b) A tank system owner or operator must certify compliance with the financial responsibility requirements of this part as specified in the new tank notification form when notifying the appropriate state or local agency of the installation of a new underground storage tank under subdivision 1.9(c) of this Part.

(c) The Commissioner of the Department may require a tank system owner or operator to submit evidence of financial assurance as described in subdivision 8.6(b) of this Subpart or other information relevant to compliance with this Subpart at any time.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-8.5

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