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:
    1    Section 1. Subdivisions 10 and 11 of section 40-0105 of  the  environ-
    2  mental conservation law, subdivision 10 as amended and subdivision 11 as
    3  added  by  chapter  334  of  the  laws  of  2008, are amended to read as
    4  follows:
    5    10. "Storage facility"  or  "facility"  means  a  single  property  or
    6  contiguous  or  adjacent  properties used for a common purpose which are
    7  owned or operated by the same person on or in which are located  one  or
    8  more  NON-STATIONARY  tanks,  BARRELS,  DRUMS,  OR OTHER HOLDING VESSELS
    9  STORED AT A FACILITY FOR A PERIOD OF LESS THAN  NINETY  DAYS,  OR  WHERE
   10  INDIVIDUAL  CAPACITY  OF  SUCH  NON-STATIONARY  TANKS,  BARRELS,  DRUMS,
   11  CONTAINERS, OR OTHER HOLDING VESSELS AT A  FACILITY  IS  LESS  THAN  ONE
   12  THOUSAND  KILOGRAMS  (2,200  LBS.)  which  are  used  for the storage or
   13  containment of hazardous substances.
   14    11. "Tank" means a device or holding vessel  designed  to  contain  an
   15  accumulation  of  a hazardous substance which is constructed of non-ear-
   16  then materials that provide structural support. The term "tank" includes
   17  all associated pipes, lines, fixtures, and other ancillary equipment.
   18    Such term shall not include:
   19    a. [non-stationary tanks, barrels, drums, containers or other  holding
   20  vessels  stored  at a facility for a period of less than ninety days, or
   21  where individual capacity of such non-stationary tanks, barrels,  drums,
   22  containers,  or  other  holding  vessels  at a facility is less than one
   23  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
    1    b.] flow-through process tanks or other  equipment  wherein  physical,
    2  chemical or biological changes take place as part of a process;
    3    [c.] B. septic tanks, stormwater or wastewater collection systems;
    4    [d.]  C.  capacitors or transformers containing polychlorinated biphe-
    5  nyls;
    6    [e.] D. above ground tanks on an operating farm used solely  to  store
    7  or  contain  hazardous  substances  which  will be used for agricultural
    8  purposes on such farm; or
    9    [f.] E. tanks which have been permanently closed  in  accordance  with
   10  regulations  promulgated  pursuant  to section 40-0113 of this [chapter]
   11  ARTICLE.
   12    S 2. Subdivision 2 of section 40-0109 of the  environmental  conserva-
   13  tion  law,  as  added  by chapter 672 of the laws of 1986, is amended to
   14  read as follows:
   15    2. Any person storing a hazardous substance [may be required to] SHALL
   16  furnish the department with information on the storage facility, repairs
   17  or replacements, hazardous substances stored, storage and handling prac-
   18  tices, or results of tests, monitoring and inspections.
   19    S 3. This act shall take effect on the thirtieth day  after  it  shall
   20  have become a law.