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This entry was published on 2014-09-22
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SECTION 17-1009
Registration
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 17, TITLE 10
§ 17-1009. Registration.

1. The department shall consult with the state petroleum bulk storage
advisory council to compile a list of facilities within the state.
Within thirty days of the promulgation of rules and regulations in
accordance with section 17-1005, section 17-1007, and this section of
this title, the department shall make available, upon request, a copy of
such rules and regulations.

2. All owners shall register the facility with the department. In
cases where there are multiple tank owners at a facility, the owners of
the tanks may designate one of the tank owners to be an authorized
representative to register the tanks. The department is authorized to
assess a fee according to a schedule based on the size and type of
facility, not to exceed five hundred dollars per facility. Such fee
shall be paid at the time of registration or registration renewal.
Registration shall be renewed every five years or whenever ownership of
a facility is transferred, whichever occurs first. The owner shall
notify the department when the authorized representative or operator of
the facility changes. In addition to such registration requirements and
pursuant to leak detection requirements set forth in section 17-1005 of
this title, notwithstanding any other provision of law, rule or
regulation, the department shall duly notify the facility owner of the
requirement for such owner to perform the required tightness test on a
petroleum bulk storage tank no less than forty-five days prior to the
date of the test expiration on the tank. All fees collected pursuant to
this subdivision shall be deposited in the New York environmental
protection and spill compensation fund established pursuant to section
one hundred seventy-nine of the navigation law. The owner must submit,
with each application for registration or registration renewal, a
five-year fee as follows:

Combined Storage Capacity at Facility 5-Year Fee

Greater than 110 gallons to 1,100 gallons $0 per facility

Greater than 1,100 gallons to

less than 2,000 gallons $100 per facility

Greater than 2,000 gallons to

less than 5,000 gallons $300 per facility

5,000 gallons to less than

400,000 gallons $500 per facility

3. The owner shall, within thirty days prior to reconditioning or
replacement of an existing tank or installation of a new tank at a
facility, notify the department in writing of such reconditioning,
replacement or installation.

4. Owners who become newly subject to registration requirements of
this section must, within one year of becoming subject to this section,
register the facility and complete any modifications to tanks at the
facility to be in compliance with the regulations promulgated pursuant
to this title.