N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-6.3

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

Section 598-6.3 - Initial abatement measures and site check

(a) Unless directed to do otherwise by the department, the facility must perform the following abatement measures:

(1) immediately empty the tank system or container to prevent further release;

(2) visually inspect any aboveground releases or exposed belowground releases and prevent further hazardous substance migration;

(3) continue to monitor and mitigate any additional fire and safety hazards posed by the hazardous substance that have migrated from the excavation zone and entered into subsurface structures (such as sewers or basements);

(4) remedy hazards posed by contaminated soils that are excavated or exposed as a result of release confirmation, site investigation, abatement, or corrective action activities. If these remedies include treatment or disposal of soils, the facility must comply with applicable State and local requirements;

(5) measure for the presence of a release where contamination is most likely to be present at the facility, unless the presence and source of the release have been confirmed in accordance with the site check required by paragraphs 2.4(e)(2) or 3.4(e)(2) of this Part or the site assessment required by subdivision 2.6(d) of this Part. In selecting sample types, sample locations, and measurement methods, the facility must consider the nature of the hazardous substance stored, the type of backfill, depth to groundwater and other factors as appropriate for identifying the presence and source of the release; and

(6) investigate to determine the possible presence of free product and begin free product removal as soon as practicable and in accordance with section 6.5 of this Subpart.

(b) Within 20 days after release confirmation, the facility must submit:

(1) a report to the department summarizing the initial abatement steps taken under subdivision (a) of this section; and

(2) any resulting information or data.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-6.3

Adopted New York State Register July 19, 2023/Volume XLV, Issue 29, eff. 10/17/2023