New York Codes, Rules and Regulations
Title 17 - DEPARTMENT OF TRANSPORTATION
Chapter I - Rules Generally
Part 30 - Oil Spill Prevention And Control-licensing Of Major Facilities
Section 30.4 - Application requirements and procedure

Universal Citation: 17 NY Comp Codes Rules and Regs ยง 30.4

Current through Register Vol. 46, No. 12, March 20, 2024

(a) All applications for a license or for the renewal of a license to operate a major facility shall be submitted to the department according to the following schedule:

(1) Applications for major facilities which will be in operation on July 1, 1978 shall be submitted by May 1, 1978.

(2) Applications for major facilities which will commence operation between July 1, 1978 and July 31, 1978 shall be submitted 60 days prior to the expected date of start-up.

(3) Applications for major facilities which will commence operation on or after August 1, 1978 and for renewals of licenses shall be submitted 90 days prior to the expected date of start-up or to the expiration date of the license for which renewal is sought.

(b) All applications for a license or for the renewal of a license to operate a major facility shall be on forms provided by the Department of Transportation and shall be submitted to the department at the following address:

Oil Spill Prevention and Control Bureau

Waterways Maintenance Subdivision

New York State Department of Transportation

1220 Washington Avenue

Building 5, State Campus

Albany, New York 12232

The date of submittal of an application shall be the date of receipt by the department.

(c) The information to be contained in the application is as follows:

(1) the storage capacity of the facility;

(2) the average daily throughput of the facility;

(3) a primary and contingency cleanup and removal plan which includes but is not limited to an inventory of:
(i) the storage and transfer capacity of the facility;

(ii) the containment and removal equipment, including but not limited to vehicles, vessels, pumps, skimmers, booms, chemicals and communication devices, to which the facility has access through direct ownership or by contract or membership in a discharge cleanup organization recognized by the department and the Department of Environmental Conservation as well as the expected time lapse following a discharge which precedes such access;

(iii) the trained personnel which are required and available to operate such containment and removal equipment and the expected time lapse following a discharge which precedes such availability;

(iv) all equipment and trained personnel used or employed at the major facility to prevent discharges of petroleum;

(v) the terms of agreement and the operation plan of any discharge cleanup organization to which the applicant belongs; and

(vi) the type and amount of petroleum transferred, refined, processed or stored at the major facility;

(4) all steps or preventative measures taken to insure prevention of a discharge; and

(5) a statement of the nature of financial responsibility as required in Part 31 of this Title

(d) Any applicant may satisfy the reporting requirements of subdivision (c) of this section by submission of a copy of an SPCC plan, a Coast Guard plan or a plan as described in paragraph (3) of subdivision (a) of section 30.5 of this Part. However, the applicant shall reference the applicable sections of the plan to the requirements of subdivision (c) of this section.

(e) The department shall be the sole judge as to whether an application is complete. Any application deemed incomplete shall be returned within 15 days of receipt by the department with a statement as to what material listed in subdivision (c) of this section or other material or evidence required by this Part is lacking. However, a determination of completeness by the department shall not be a determination that the information submitted demonstrates the applicant's ability to meet the standards and requirements for license issuance.

(f) All applications shall contain the sworn statement of an owner or operator of the major facility for which the license is sought or of an authorized officer or employee of the owner or operator of the major facility for which the license is sought that the facts stated in the application are true to the best of such person's knowledge and belief.

(g) All applicants for a license to operate a major facility, which will commence initial operation on or after September 1, 1978, shall comply with the requirements of article 8 of the Environmental Conservation Law.

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