N.Y. Comp. Codes R. & Regs. tit. 17 § 30.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 30.5 - Standards for issuance or renewal of license

(a) The applicant must demonstrate that it has implemented or is in the process of implementing State and Federal plans and regulations for control of petroleum discharges and the containment and removal thereof when a discharge occurs. This showing may be made by submission of the following by the applicant:

(1) an SPCC plan; or

(2) a Coast Guard plan; or

(3) such other information sufficient to show that the applicant has implemented or is in the process of implementing a plan which will effectively provide for the control, containment and removal of petroleum discharges.

(b) Where an applicant for the renewal of a license has not demonstrated full implementation of the SPCC plan or Coast Guard plan, or the plan described in paragraph (3) of subdivision (a) of this section, such applicant must show that substantial progress toward full implementation has been made since the license was issued or last renewed, whichever shall have occurred later.

(c) The applicant must demonstrate to the department that it can provide the necessary equipment to prevent, contain and remove discharges of petroleum. This requirement can be satisfied by showing any of the following:

(1) a fully implemented SPCC plan; or

(2) a fully implemented Coast Guard plan; or

(3) a fully implemented plan as is described in paragraph (3) of subdivision (a) of this section; or

(4) information sufficient for the department to determine that such equipment as is necessary for the prevention of oil spills is in use by applicant and that such equipment as is necessary for the containment and removal of oil spills is available to the applicant on short notice.

(d) No license shall be issued or renewed by the department for an onshore major facility unless the applicant furnishes to the department a certification by the Department of Environmental Conservation that the applicant meets the standards contained in subdivisions 3 and 8 of section 174 of the Navigation Law. Such certification need not be submitted with the application for a license, but is a precondition to the issuance or renewal of a license.

(e) The department may issue guidelines for its review of State and Federal plans for the control of petroleum discharges and the containment and removal thereof when a discharge occurs. Where article 12 of the Navigation Law imposes additional or other mandates beyond those required for compliance with 33 Code of Federal Regulations Part 154.300 or 40 Code of Federal Regulations Part 112 (i.e., groundwater protection), such guidelines may set additional plan requirements in these regards. When such guidelines are issued, each applicant for issuance or renewal of a license must show that its Coast Guard plan or SPCC plan, or plan as is described in paragraph (3) of subdivision (a) of this section, as the case may be, complies with such guidelines or that the applicant is in the process of amending such plan so as to bring it into compliance.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 30.5