Title: Section 128-3.2 - Hazardous substances and hazardous wastes
128-3.2 Hazardous substances and hazardous wastes.
(a) Unless otherwise permitted by these rules and
regulations, a discharge, or storage which is reasonably likely to lead to
a discharge, of hazardous substances or hazardous wastes into the
environment (including into groundwater), and which is reasonably likely to
cause degradation of surface water quality or of the water supply, is
prohibited. It shall be an affirmative defense under this subsection that
such discharge, or storage likely to lead to a discharge, is either
permitted or not prohibited under federal law, and is either permitted or
not prohibited under state law.
(b) New storage facilities or new tanks at an existing
facility for the storage of hazardous substances regulated under 6 NYCRR
Part 596, and new process tanks, as defined in 6 NYCRR section
596.1(c)(35), which would be regulated under 6 NYCRR Part 596 if not for
the exemption of process tanks under 6 NYCRR section 596.1(b)(3)(i), are
prohibited within the limiting distance of 100 feet of a watercourse or
wetland, or within the limiting distance of 500 feet of a reservoir,
reservoir stem, or controlled lake, except as provided in subdivision (d)
of this section.
(c) The owner or operator of a new facility, or a new or
substantially modified tank at an existing facility, for the storage of
hazardous substances which is regulated under 6 NYCRR Part 596 and which is
located between the limiting distance of 100 and 250 feet of a watercourse
or wetland, must comply with the following conditions:
(1) The owner or operator shall submit to the Department a
copy of any registration forms required by 6 NYCRR sections 596.2(d) and
(e) and any notification forms required by 6 NYCRR section 596.2(f) at the
time such forms are submitted to the New York State Department of
Environmental Conservation. When, on an emergency basis, new storage tanks
are installed or existing storage tanks are substantially modified in order
to protect public health, safety or the environment, the owner or operator
shall notify the Department no later than two hours after the decision is
made by the owner or operator to install or substantially modify the tank.
(2) The owner or operator shall submit to the Department a
copy of any spill prevention report required to be prepared or updated by 6
NYCRR section 598.1(k), within thirty (30) days of preparing or updating
(3) Failure to comply with the provisions of 6 NYCRR
section 596.6 (spill response, investigation and corrective action) is a
violation of these rules and regulations.
(4) Failure to comply with 6 NYCRR Part 599 (Standards for
New or Modified Hazardous Substance Storage Facilities) is a violation of
these rules and regulations.
(d) Subdivision (b) of this section shall not apply to:
(1) The storage of any hazardous substance that is a
noncomplying regulated activity, including the replacement in kind of an
existing storage tank provided that the replacement tank is designed and
installed in compliance with Federal, State and local law. To the extent
practicable, the new tank shall be located outside of the limiting
distances of 100 feet of a watercourse or wetland, or outside of the
limiting distance of 500 feet of a reservoir, reservoir stem, or controlled
(2) The storage of hazardous substances where such storage
is necessary to operate a wastewater treatment plant approved by the
(3) The storage of hazardous substances where such storage
is made necessary by construction of a new facility or the alteration or
modification of an existing facility used in connection with the operation
of a public water supply system.
VOLUME B (Title 10)