Requires the department of environmental conservation to require, as a condition precedent to the issuance or renewal of a major facility license, the submission of satisfactory evidence that the applicant has implemented, or is in the process of implementing, state and federal plans and regulations for the prompt detection of petroleum discharges; requires applicants for a major facility license to submit information, in form satisfactory to the commissioner, describing the equipment used at the facility to promptly detect petroleum discharges; requires major facilities to install equipment to promptly detect discharges of petroleum from a tank and any connected petroleum pipelines within one year of effective date; defines "prompt detection".
STATE OF NEW YORK
________________________________________________________________________
8473
IN SENATE
August 20, 2010
___________
Introduced by Sens. PARKER, SQUADRON -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules
AN ACT to amend the navigation law, in relation to the detection of
petroleum discharges
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 174 of the navigation law, as
2 amended by chapter 35 of the laws of 1985, is amended to read as
3 follows:
4 3. As a condition precedent to the issuance or [renewel] renewal of a
5 license, the department of environmental conservation shall require
6 satisfactory evidence that the applicant has implemented or is in the
7 process of implementing state and federal plans and regulations for
8 control and prompt detection of discharges of petroleum, and the
9 containment and removal thereof when a discharge occurs.
10 § 2. Subdivision 9 of section 174 of the navigation law is amended by
11 adding a new paragraph (e) to read as follows:
12 (e) The equipment used at the facility to promptly detect discharges
13 of petroleum.
14 § 3. Section 174 of the navigation law is amended by adding two new
15 subdivisions 12 and 13 to read as follows:
16 12. Within one year of the effective date of this subdivision, major
17 facilities must install equipment to promptly detect discharges of
18 petroleum from a tank and any connected pipelines that routinely contain
19 petroleum.
20 13. As used in this section, the term "prompt detection" means the
21 detection of a discharge within twenty-four hours, or sooner as
22 prescribed by the department of environmental conservation, from the
23 onset of such discharge.
24 § 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05877-01-9
