Assembly Bill A4570A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4570--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2015
                               ___________

Introduced  by  M.  of A. CLARK, COLTON -- read once and referred to the
  Committee on Environmental Conservation -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  hazardous substance storage facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 10 and 11 of section 40-0105 of  the  environ-
mental conservation law, subdivision 10 as amended and subdivision 11 as
added  by  chapter  334  of  the  laws  of  2008, are amended to read as
follows:
  10. "Storage facility"  or  "facility"  means  a  single  property  or
contiguous  or  adjacent  properties used for a common purpose which are
owned or operated by the same person on or in which are located  one  or
more  NON-STATIONARY  tanks,  BARRELS,  DRUMS,  OR OTHER HOLDING VESSELS
STORED AT A FACILITY FOR A PERIOD OF LESS THAN  NINETY  DAYS,  OR  WHERE
INDIVIDUAL  CAPACITY  OF  SUCH  NON-STATIONARY  TANKS,  BARRELS,  DRUMS,
CONTAINERS, OR OTHER HOLDING VESSELS AT A  FACILITY  IS  LESS  THAN  ONE
THOUSAND  KILOGRAMS  (2,200  LBS.)  which  are  used  for the storage or
containment of hazardous substances.
  11. "Tank" means a device or holding vessel  designed  to  contain  an
accumulation  of  a hazardous substance which is constructed of non-ear-
then materials that provide structural support. The term "tank" includes
all associated pipes, lines, fixtures, and other ancillary equipment.
  Such term shall not include:
  a. [non-stationary tanks, barrels, drums, containers or other  holding
vessels  stored  at a facility for a period of less than ninety days, or
where individual capacity of such non-stationary tanks, barrels,  drums,
containers,  or  other  holding  vessels  at a facility is less than one
thousand kilograms (2,200 lbs.);

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08632-02-5
              

A. 4570--A                          2

  b.] flow-through process tanks or other  equipment  wherein  physical,
chemical or biological changes take place as part of a process;
  [c.] B. septic tanks, stormwater or wastewater collection systems;
  [d.]  C.  capacitors or transformers containing polychlorinated biphe-
nyls;
  [e.] D. above ground tanks on an operating farm used solely  to  store
or  contain  hazardous  substances  which  will be used for agricultural
purposes on such farm; or
  [f.] E. tanks which have been permanently closed  in  accordance  with
regulations  promulgated  pursuant  to section 40-0113 of this [chapter]
ARTICLE.
  S 2. Subdivision 2 of section 40-0109 of the  environmental  conserva-
tion  law,  as  added  by chapter 672 of the laws of 1986, is amended to
read as follows:
  2. Any person storing a hazardous substance [may be required to] SHALL
furnish the department with information on the storage facility, repairs
or replacements, hazardous substances stored, storage and handling prac-
tices, or results of tests, monitoring and inspections.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.