N.Y. Environmental Conservation Law Section 17-1009


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.


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 § 17-1005 (Leak detection)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 Navigation Law § 179 (New York environmental protection and spill compensation fund)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.


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.

Source: Section 17-1009 — Registration, https://www.­nysenate.­gov/legislation/laws/ENV/17-1009 (updated Sep. 22, 2014; accessed Dec. 2, 2023).

Dec. 2, 2023

Last modified:
Sep. 22, 2014

§ 17-1009’s source at nysenate​.gov

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