NY.gov Portal State Agency Listing Search all of NY.gov
D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

Subpart 360-6:Liquid Storage

(Statutory authority: Environmental Conservation Law, Sections 1-0101, 3-0301, 8-0113,19-0301, 19-0306, 23-2305, 23-2307, 27-0101, 27-0106, 27-0107, 27-0109, 27-0305, 27-0703, 27-0704, 27-0705, 27-0911, 27-1317, 27-1515, 52-0107, 52-0505, and 70-0107)

[Effective Date December 31, 1988]

[Amendment Dates:
Revised Effective March 27, 1990; with promulgation of new Subpart 15: Grants for Comprehensive Solid Waste Management Planning.
Revised Effective May 28, 1991; With repeal of existing Subpart 9 and promulgation of new Subpart 9: State Assistance for Municipal Landfill Closure Projects
Revised Effective January 25, 1992; With repeal of existing Subpart 10 and promulgation of new Subpart10: Regulated Medical Waste Storage, Transfer, and Disposal, and new Subpart 17 Regulated Medical Waste Treatment Facilities.
Revised/Enhanced Effective October 9, 1993; with adoption of amendments to existing Subparts 1 through 17
Revised Effective December 14, 1994; with adoption of amendments to existing Subpart 9: State Assistance for Municipal Landfill Closure Projects
Revised Effective January 14, 1995; With repeal of existing Subpart 14 and promulgation of new Subpart 14: Used Oil.
Revised Effective November 26, 1996; With adoption of amendments to existing Subparts 1, 2, 3, 7, 11, 14, and 17

Revised Effective September 29, 1997; With adoption of amendments to existing Subpart 9
Revised Effective November 21, 1998; With adoption of amendments to existing Subpart 2
Revised Effective November 24, 1999; With adoption of amendments to existing Subparts 2, 3, 4, 5, 9, 11, 14, and 16]

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 4 contents page. A list of sections in this subpart appears below.]

Contents:

Sec.

§360-6.1 Applicability.

All new liquid waste storage tanks and surface impoundments located at solid waste management facilities are subject to regulation under this Part unless the department determines that a facility is exempted by section 360-1.7 of this Part, regulated under Parts 750-757 of this Title, or is subject to regulation under ECL, article 17. Liquid storage facilities for solid waste management facilities regulated under Subparts 360-4, 360-5 and 360-14 of this Part are not subject to regulation under this Subpart.

§360-6.2 General requirements.

In addition to the requirements set forth in section 360-1.9 of this Part, an application for permits to construct and operate a solid waste management facility which includes a tank or surface impoundment must contain the following:

(a) a description of the liquid to be stored;

(b) the estimated volume of liquid generated and a proposed recordkeeping system to record actual quantities stored;

(c) a schedule of liquid removal;

(d) a description of the final treatment and disposal of the liquid stored;

(e) a description of the liquid storage facility design; and

(f) a closure plan prepared in accordance with section 360-6.6 of this Part.

§360-6.3 Aboveground and on-ground tank requirements.

(a) Tanks may be constructed of concrete, steel or other material approved by the department. Tanks must be supported on a well drained stable foundation which prevents movement, rolling, or settling of the tank.

(1) Bottoms of steel tanks that rest on earthen material must be cathodically protected with either sacrificial anodes or an impressed current system which is designed, fabricated, and installed in accordance with the approved engineering report.

(2) Exterior surfaces of all aboveground and on-ground steel storage tanks must be protected by a primer coat, a bond coat, and two or more final coats of paint or have at least an equivalent surface coating system designed to prevent corrosion and deterioration.

(3) The interior of all aboveground and on-ground tanks must consist of a material or must be lined with a material, resistant to the liquid being stored.

(b) All aboveground and on-ground tanks must have a secondary containment system which may consist of dikes, liners, pads, ponds, impoundments, curbs, ditches, sumps or other systems capable of containing the liquid stored.

(1) The design volume for the secondary containment system must be 110 percent of the volume of either the largest tank within the containment system or the total volume of all interconnected tanks, whichever is greater.

(2) The secondary containment system must be constructed of a material compatible with the liquid stored. The containment system must be constructed of either:

(i) a minimum one-foot layer of compacted soil with a maximum coefficient of permeability of 1 x 10-7 cm/s;

(ii) a concrete pad of a sufficient thickness to maintain integrity for the lifetime of the tank with a corrosion resistant coating; or

(iii) a geosynthetic liner of a minimum thickness equal to 60 mils.

(3) A system must be designed to contain and remove storm water from the secondary containment area. Provisions must be included for the removal of any accumulated precipitation (rain, snow or ice) and be initiated within 24 hours or when 10 percent of the storage capacity is reached; whichever occurs first. Disposal must be in compliance with all applicable federal and State regulations.

(c) All aboveground and on-ground tanks must be equipped with an overfill prevention system which may include, but not be limited to: level sensors and gauges, high-level alarms or automatic shutoff controls. Overfill control equipment must be inspected weekly by the facility operator to ensure it is in good working order.

(d) The exposed exterior of all aboveground and on-ground tanks must be inspected weekly by the facility operator for adequacy of the cathodic protection system, leaks, corrosion, and maintenance deficiencies. Interior inspection of tanks must be performed whenever the tank is drained. If the inspection reveals a tank or equipment deficiency, leak, or any other deficiency which could result in failure of the tank to contain the liquid, remedial measures must be taken immediately to eliminate the leak or correct the deficiency. Inspection reports must be maintained and made available to the department upon request for the lifetime of the liquid storage system.

(e) All uncovered tanks must have a minimum two feet of freeboard. Odor and vector control must be practiced when necessary.

§360-6.4 Underground tank requirements.

(a) Underground tanks must be placed a minimum of two feet above the seasonally high groundwater table and a minimum of two feet of vertical separation must be maintained between bedrock and the lowest point of the tank.

(b) Tanks may be constructed of fiberglass reinforced plastic, steel that is cathodically protected, steel that is clad with fiberglass, or any other materials approved by the department.

(c) The secondary containment and a continuous leak detection system must be installed in the form of a double-walled tank, designed as an integral structure so that any release from the inner tank is completely contained by the outer shell.

(1) The interstitial space must be monitored for tightness at least once per week by the facility operator using pressure monitoring, vacuum monitoring, electronic monitoring or an approved equivalent method.

(2) Any tank system vulnerable to corrosion must be protected from both corrosion of the primary tank interior and the external surface of the outer shell.

(i) All resistant coatings applied to the primary tank interior must be chemically compatible with the liquid to be stored.

(ii) Cathodic protection systems, where installed, must be inspected at least weekly by the facility operator. Any deficiency in the cathodic protection system must be corrected when discovered.

(d) All underground tanks must be equipped with an overfill prevention system which may include, but not be limited to: level sensors and gauges, high-level alarms or automatic shutoff controls. Overfill control equipment must be inspected weekly by the facility operator to ensure it is in good working order.

(e) Inspection and leak detection monitoring reports must be maintained and made available upon request for the lifetime of the liquid storage system.

§360-6.5 Surface impoundment requirements.

(a) Any surface impoundment must be constructed a minimum of five feet above the seasonally high groundwater table, and a minimum of five feet of vertical separation must be maintained between the base of the constructed liner and bedrock.

(b) Surface impoundments subject to this Part must be constructed with a liner system consisting of a minimum of two liners and a leak-detection system as follows:

(1) The top liner must be a geosynthetic liner with a minimum thickness equal to 60 mils. Ballast material, such as rounded gravel or sand, that will not cause damage to the geosynthetic liner must be placed on top of the liner to preserve liner integrity.

(2) A leak detection and removal system must be installed between the two synthetic liners.

(3) The lower composite liner must consist of a minimum of two feet of compacted soil with a maximum coefficient of permeability of 1 x 10-7 cm/s overlain by a geosynthetic liner at least 60 mils thick.

(4) Quality assurance and quality control testing must be performed by the project engineer in conformance with the requirements identified in section 360-2.13 of this Part.

(c) A minimum of two feet of freeboard must be maintained in all surface impoundments. Odor and vector control must be practiced when necessary.

(d) A minimum of three groundwater monitoring wells, one upgradient and two downgradient of the surface impoundment must be installed and sampled in accordance with the requirements of section 360-2.11 of this Part.

§360-6.6 Closure of liquid storage facilities.

(a) The owner or operator of the liquid storage facility must prepare a written closure plan for the liquid storage facility and submit the plan with the permit application for the solid waste management facility.

(b) The owner or operator must complete closure activities in accordance with the approved closure plan and within 180 days after liquid collection has ceased.

(c) At closure, all solid waste must be removed from the tank or surface impoundment, connecting lines, and any associated secondary containment systems. All solid waste removed must be properly handled and disposed of according to federal and State requirements. All connecting lines must be disconnected and securely capped or plugged.

(1) Underground tanks must be removed or thoroughly cleaned to remove traces of waste and all accumulated sediments and then filled to capacity with a solid inert material, such as clean sand or concrete slurry. If groundwater surrounding the tank is found to be contaminated, the tank and surrounding contaminated soil must be removed and appropriately disposed. Other corrective actions to remediate the contaminant plume may be required by the department.

(2) Accessways to aboveground and on-ground tanks must be securely fastened in place to prevent unauthorized access. Tanks must either be stenciled with the date of permanent closure or removed. The secondary containment system must be perforated to provide for drainage.

(3) For surface impoundments, all waste residues, contaminated system components (liners, etc.), contaminated subsoils, structures and equipment contaminated with waste must be removed and appropriately disposed. If the groundwater surrounding the impoundment is contaminated, other corrective actions to remediate a contaminant plume may be required by the department. If the groundwater surrounding the impoundment is found not to be contaminated, the liner system may remain in place if drained, cleaned to remove all traces of waste, and both liners punctured so that drainage is allowed. The impoundment is to be backfilled and regraded to the surrounding topography.