Effective Date

07/08/1998

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

such report.

(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

lake;

(2) The storage of hazardous substances where such storage

is necessary to operate a wastewater treatment plant approved by the

Department; and

(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.