N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-1.13

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

Section 613-1.13 - Enforcement

(a) Any person who violates any of the provisions of this Part, any directive by the Department, or any order issued by the Department, shall be liable for the civil, administrative, and criminal penalties set forth in Article 71 of the Environmental Conservation Law (ECL).

(b) Where a spill of petroleum has occurred or is suspected, the Department may order the facility to inspect or test any tank system, location, and/or associated equipment which might be the source of the actual or suspected spill and to test for the tightness and structural soundness. If the facility fails to conduct such inspections and tests within ten days after receipt of the Department's order, the Department may conduct inspections or tests for tightness. The expenses of conducting such tests as ordered by the Department must be paid by the tank system owner.

(c) If the tank system owner or operator fails to comply with these regulations, the facility must, when directed by the Department, conduct a site assessment to determine if there is evidence of a release due to such noncompliance. This assessment must be conducted in accordance with the requirements of subdivision 2.6(c) of this Part and the results submitted to the Department within time frames to be determined by the Department.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-1.13

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