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DEE-22: Petroleum Bulk Storage Inspection Enforcement Policy - Order on Consent Template

State of New York
Department of Environmental Conservation

In the Matter of Alleged Violations of
Article 17 of the New York State Environmental
Conservation Law and Title 6, Parts 612-614 of
the New York Codes, Rules and Regulations ORDER ON CONSENT
Case No.:(PBS#)
-by-

,
Respondent

WHEREAS

  1. The New York State Department of Environmental Conservation (the "Department") is a department of the State of New York which, pursuant to Titles 3 and 10 of Article 17 of the Environmental Conservation Law (ECL), is authorized to regulate the storage and handling of petroleum in the State of New York.
  2. ECL 17-1009 and 6 NYCRR 612.2 require that the owner of a petroleum bulk storage facility, as defined in 6 NYCRR 612.1(c)(10), register such facility with the Department.
  3. 6 NYCRR 612.2(e) requires that the operator display a registration certificate which is current and valid on the premises of the facility at all times.
  4. 6 NYCRR 613.9(c) requires that the owner of a tank or facility which is to be permanently closed must notify the Department within thirty (30) days prior to permanent closure of the tank or facility.
  5. 6 NYCRR 613.3(b)(4) requires that each monitoring well must be permanently marked and identified as a "monitoring well."
  6. 6 NYCRR 613.9(b) requires that any tank or facility that is permanently out of service have all liquid and sludge removed from the tank and connecting lines, the tank must be rendered free of vapors, all connecting lines must be disconnected and removed or securely capped or plugged, manways must be securely fastened in place, aboveground tanks must be stenciled with the date of permanent closure, underground tanks must be filled to capacity with a solid inert material or removed and aboveground tanks must be protected from floatation in accordance with good engineering practice.
  7. 6 NYCRR 613.9(a) requires that storage tanks or facilities that are temporarily out of service for thirty (30) days or more must have all products removed from the tank and piping system to the lowest draw-off point, all manways must be locked or bolted securely and fill lines, gauge openings or pump lines must be capped or plugged to prevent unauthorized use or tampering.
  8. 6 NYCRR 613.8 requires that any person with knowledge of a spill, leak or discharge of petroleum must report the incident to the Department within two (2) hours of discovery. The result of any inventory record, test or inspection which shows a facility is leaking must be reported to the Department within two (2) hours of the discovery. Notification must be made by calling the telephone hotline.
  9. 6 NYCRR 613.3(d) requires that the owner or operator keep all gauges, valves and other equipment for spill prevention in good working order.
  10. 6 NYCRR 613.3(b)(1) requires that the owner or operator must permanently mark all fill ports to identify the product inside the tank in accordance with the color and symbol code of the American Petroleum Institute.
  11. 6 NYCRR 613.3(c)(1) requires that all dispensers of motor fuel under pressure from a remote pumping system be equipped with a shear valve (impact valve) which is located in the supply line at the inlet of the dispenser. This valve must be designed to close automatically in the event that the dispenser is accidentally dislodged from the inlet pipe.
  12. 6 NYCRR 614.3 requires that steel underground storage tanks be protected to prevent corrosion.
  13. 6 NYCRR 614.4 requires that all new underground petroleum storage tanks have a secondary containment system which consists of one of the following: a double-walled tank; a vault; cut-off walls; or an impervious underlayment.
  14. 6 NYCRR 614.5(a) requires that all new underground petroleum storage tanks have a leak monitoring system consisting of one of the following: a double-walled tank with monitoring of the interstitial space; an in-tank monitoring system; or, an observation well or wells.
  15. 6 NYCRR 614.14(g)(1) requires that overfill prevention equipment be used on all underground storage tank fill systems.
  16. 6 NYCRR 614.14(a) requires that all new underground piping systems including fittings and connections must be made of steel or iron which is cathodically protected, fiberglass reinforced plastic or other equivalent non-corrodible material.
  17. 6 NYCRR 614.14(g)(3) requires that new underground piping systems employing a remote pumping system for dispensing motor fuel must be equipped with a leak detector capable of detecting pressure loss or product loss on the discharge side of the pump.
  18. 6 NYCRR 614.14(g)(4) requires that new underground piping systems employing a suction pump must not be equipped with more than one check valve.
  19. 6 NYCRR 614.3(a)(2) requires that a label which contains all of the information required under 6 NYCRR 614.3(a)(1) and shows the date of the installation must be conspicuously displayed and permanently affixed at the fill port.
  20. 6 NYCRR 614.7(d) requires that the owner must maintain an accurate drawing or as-built plans which show the size and location of any new underground tank and piping system. These plans must include a statement by the installer that the system has been installed in compliance with the New York State Standards for New and Substantially Modified Petroleum Storage Facilities, found at 6 NYCRR Part 614.
  21. 6 NYCRR 613.5(b)(3) requires that the owner or operator must monitor for traces of petroleum at least once per week. All monitoring systems must be inspected monthly. If at any time the monitoring system fails to function effectively, it must be repaired within thirty (30) days. Any tank or piping system with a non-working monitoring system must be tested for tightness within one (1) year and retested every five (5) years thereafter.
  22. 6 NYCRR 613.5(b)(4) requires that monitoring records for cathodic protection and leak detection systems must be maintained on the premises for a period of a least one (1) year.
  23. 6 NYCRR 614.5(b) requires that the interstitial space of double-walled tanks must be monitored for tightness using pressure monitoring, vacuum monitoring, electronic monitoring, manual sampling once per week or an equivalent method.
  24. 6 NYCRR 613.5(b) requires that the owner or operator of any corrosion-resistant underground tank or pipe which is exempt from tightness testing under 6 NYCRR 613.5(a)(2)(iii) monitor all cathodic protection and leak detection.
  25. 6 NYCRR 613.5(b)(2) requires that the adequacy of a cathodic protection system must be monitored at least annually. If at any time the system fails to provide the necessary electrical current to prevent corrosion, the cathodic protection system must be restored within thirty (30) days. Any tank or pipe with a non-working cathodic protection system will be considered unprotected and must be tested for tightness within one (1) year and retested every five (5) years thereafter.
  26. ECL 17-1005 and 6 NYCRR 613.4 require that the operator of an underground storage tank keep daily inventory records for the purpose of detecting leaks. Records must be kept for each tank and must include measurements of bottom water levels, sales, use, deliveries, inventory on hand and losses or gains. Inventory records must be maintained and made available for Department inspection for a period of not less than five years.
  27. 6 NYCRR 613.4(d) requires that if inventory monitoring shows: an inventory loss; a recurring accumulation of water in the bottom of the tank during any ten-day period; apparent product losses or gains exceed three-quarters (3/4) of one (1) percent of the tank volume; or apparent losses or gains exceed seven and one-half (7.5) gallons per one-thousand gallons delivered, the operator must initiate an investigation into the possible causes. If, within forty-eight (48) hours, the cause cannot be explained by inaccurate record keeping, temperature variations or other factors not related to leakage, the operator must notify the owner and the nearest regional office of the Department and must take the tank out of service in accordance with subdivision 613.9(a) until such time that inspection and/or tightness tests are preformed, the cause is determined and necessary repairs or replacements are made.
  28. 6 NYCRR 613.4(a)(2) requires that the operator of an unmetered tank or a tank that contains petroleum for consumptive use on the premises detect inventory leakage via an annual standpipe analysis or other method acceptable to the Department.
  29. ECL 17-1005 and 6 NYCRR 613.5 require that the owner of a petroleum bulk storage facility test the petroleum storage tanks and connecting piping systems at such facility for tightness and submit the results of that testing to the Department for approval. 6 NYCRR 613.5 sets forth the schedule for conducting tightness tests. A test report must be sent by the owner or technician to the Department no later than thirty (30) days after the performance of the test.
  30. 6 NYCRR 614.9(a) requires that new aboveground petroleum storage tanks must be constructed of welded steel and meet or exceed one of the design and manufacturing standards listed in 6 NYCRR 614.9(a)(i-vi).
  31. 6 NYCRR 614.9(c) requires that the exterior surfaces of all new aboveground storage tanks be protected by a primer coat, a bond coat and two or more final coats of paint or have an equivalent surface coating system designed to prevent corrosion.
  32. 6 NYCRR 614.9(b)(1) requires bottoms of new tanks which rest on or in the ground be cathodically protected with sacrificial anodes or an impressed current system which is designed, fabricated and installed in accordance with recognized engineering practices.
  33. 6 NYCRR 614.10 requires that any new stationary tank which is designed to rest on the ground be constructed with a double bottom or be underlain by an impervious barrier.
  34. 6 NYCRR 614.11 requires that all new aboveground tanks have a method for monitoring between the tank bottom and the impermeable barrier required in 6 NYCRR 614.10.
  35. 6 NYCRR 613.6(a) requires that the owner or operator of an aboveground storage facility inspect the facility at least monthly, in the manner described in 6 NYCRR 613.6(a)(1-3).
  36. 6 NYCRR 613.6(c) requires reports for each monthly inspection and ten-year inspection be maintained and made available to the Department for a period of at least ten (10) years.
  37. 6 NYCRR 613.6(b) requires that the owner or operator of an aboveground storage facility perform a detailed inspection, in the manner described in 6 NYCRR 613.6(b)(3), of any aboveground storage tank with a capacity of ten thousand (10,000) gallons or more, or any tank with a capacity less than ten thousand (10,000) gallons which could reasonably be expected to discharge petroleum to the waters of the state. The initial inspection must be done when the tank is ten years old, and at least every ten years thereafter.
  38. 6 NYCRR 613.3(c)(6) requires that a secondary containment system must be installed around any aboveground petroleum bulk storage tank which could reasonably be expected to discharge petroleum to the waters of the state, or which has a capacity of ten thousand (10,000) gallons or more.
  39. 6 NYCRR 613.3(c)(6)(iii) requires that storm water which collects within the secondary containment system be controlled by a manually operated pump or siphon, or a gravity drain pipe which has one manually controlled dike valve, outside of the dike. All pumps, siphons and valves must be properly maintained and kept in good condition. If gravity drain pipes are used, all dike valves must be locked in a closed position except when the operator is in the process of draining clean water from the diked area.
  40. 6 NYCRR 613.3(c)(3)(i) requires that all aboveground petroleum tanks must be equipped with a gauge which accurately shows the level of product in the tank. The gauge must be accessible to the carrier and be installed so it can be conveniently read.
  41. 6 NYCRR 613.3(c)(3)(ii) requires that the design capacity, working capacity and identification number of any aboveground petroleum tank be clearly marked on the tank and at the gauge.
  42. 6 NYCRR 613.3(c)(2) requires that all tanks which cause a gravity head on a dispenser of motor fuels be equipped with a device such as a solenoid valve which is positioned adjacent to and downstream from the operating valve required in section 613.3(c)(5). The valve must be installed and adjusted so that liquid cannot flow by gravity from the tank in case of piping or dispenser hose failure.
  43. 6 NYCRR 613.3(c)(4) requires that all remote fill pipes leading to a pump-filled petroleum tank be equipped with a properly functioning check valve or equivalent device which provides automatic protection against backflow.
  44. 6 NYCRR 613.3(c)(5) requires that each tank connection through which petroleum can normally flow must be equipped with an operating valve to control the flow.
  45. Navigation Law §173 provides that the discharge of petroleum is prohibited.
  46. ECL 17-0501 states that it shall be unlawful for any person, directly or indirectly, to throw, drain, run or otherwise discharge into such waters organic or inorganic matter that shall cause or contribute to a condition in contravention of the standards adopted by the Department pursuant to ECL 17-0301.
  47. ECL 71-1929 provides for a penalty of up to twenty-five thousand dollars ($25,000) per day for each violation of Titles 1 through 11 inclusive and Title 19 of Article 17, or the rules or regulations promulgated thereto by the Commissioner of the Department.
  48. ECL 71-1941 provides for a penalty of up to two thousand five hundred dollars ($2,500) for each violation resulting in the spill of bulk liquids, and up to five hundred dollars ($500) per day for each day the violation continues. The party responsible for the violation shall in addition be liable to the people of the state of New York for the actual costs incurred by or on behalf of the people of the state for the removal or neutralization of such liquid and for any and all reasonable measures taken or attempted to reduce, limit or diminish the extent or effect of the violations.
  49. Respondent is the owner and/or operator of a petroleum bulk storage facility (the "facility") located at (facility address). According to Department records, petroleum storage capacity at the facility is in excess of 1,100 gallons.
  50. Respondent failed to register its facility as required by 6 NYCRR 612.2. The Department does not have a current registration on file for Respondent's facility. According to Department records, the underground petroleum bulk storage tanks at the facility (have never been registered.) (Registration expired on )(date).
  51. Respondent failed to properly display the facility's petroleum bulk storage registration certificate, as required by 6 NYCRR 612.2(e). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to properly display the facility's petroleum bulk storage registration certificate.
  52. Respondent failed to display a current and valid petroleum bulk storage registration certificate, as required by 6 NYCRR 612.2(e). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to display a current and valid registration certificate.
  53. Respondent failed to notify the Department within thirty days prior to permanent closure of the petroleum bulk storage tanks at the facility, as required by 6 NYCRR 613.9(c). Respondent failed to notify the Department within thirty days prior to the permanent closure of the petroleum storage tanks at the facility on (date of tank removal).
  54. Respondent failed to permanently mark and label the monitoring wells at Respondent's facility, as required by 6 NYCRR 613.3(b)(4). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to permanently mark and label the monitoring wells at Respondent's facility.
  55. Respondent failed to properly permanently close the facility's petroleum bulk storage tanks, as required by 613.9(b). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to properly close tank/s (tank number/s) at the facility.
  56. Respondent failed to properly temporarily close tanks at the facility which have been out of service for thirty (30) or more days, as required by 6 NYCRR 613.9(a). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to properly temporarily close tank(s) (tank#).
  57. Respondent failed to report a discharge of petroleum within two (2) hours of the discovery of discharge, as required by 6 NYCRR 613.8. As a result of an investigation of a discharge which occurred on (spill date), the Department has determined that the Respondent failed to report the discharge within two (2) hours of the discovery.
  58. Respondent failed to keep all gauges, valves and other equipment for spill prevention in good working order, as required by 6 NYCRR 613.3(d). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to properly maintain the top sump(s) and/or fill port catch basin(s) associated with tank(s) (tank#), resulting in liquid accumulation.
  59. Respondent failed to permanently mark all fill ports to identify the product inside the facility's petroleum bulk storage tanks, as required by 6 NYCRR 613.3. An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent did not permanently mark all fill ports to identify the product inside the petroleum bulk storage tanks at the facility.
  60. Respondent failed to equip all dispensers of motor fuel under pressure from a remote pumping system with a shear valve (impact valve) which is located in the supply line at the inlet of the dispenser, as required by 6 NYCRR 613.3(c)(1). An inspection of Respondent's facility by Department staff on revealed that Respondent failed to equip all dispensers of motor fuel under pressure from a remote pumping system with a shear valve (impact valve) which is located in the supply line at the inlet of the dispenser.
  61. Respondent failed to keep all gauges, valves and other equipment for spill prevention in good working order, as required by 6 NYCRR 613.3(d). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to properly maintain the shutoff valves for remote pumping units at the facility.
  62. Respondent failed to have steel underground storage tanks cathodically protected to prevent corrosion, as required by 6 NYCRR 614.3. An inspection of Respondent's facility by Department staff on (inspection date) revealed that the steel underground storage tanks at Respondent's facility were not cathodically protected to prevent corrosion.
  63. Respondent failed to install a secondary containment system for the facility's underground storage tanks, as required by 6 NYCRR 614.4. An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to install a secondary containment system for the facility's underground storage tanks.
  64. Respondent failed to install a leak monitoring systems for underground storage tanks, as required under 6 NYCRR 614.5. An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to install a leak monitoring system for the facility's underground storage tanks.
  65. Respondent failed to provide overfill prevention equipment for the facility's underground storage tank fill systems, as required by 6 NYCRR 614.14(g)(i). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to provide overfill prevention equipment for the underground storage tanks at Respondent's facility.
  66. Respondent installed underground piping that is not constructed of cathodically protected steel or iron, fiberglass reinforced plastic or other equivalent non-corrodible material, in violation of 6 NYCRR 614.14(a). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to install underground piping that is constructed of cathodically protected steel or iron, fiberglass reinforced plastic or other equivalent non-corrodible material.
  67. Respondent failed to equip the facility's underground piping systems that employ a remote pumping system with a leak detector capable of detecting pressure loss or product loss on the discharge side of the pump, as required by 6 NYCRR 614.14(g)(3). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to equip the facility's underground piping systems that employ a remote pumping system with a leak detector capable of detecting pressure loss or product loss on the discharge side of the pump.
  68. Respondent equipped the facility's underground piping systems employing a suction pump with more than one check valve, in violation of 6 NYCRR 614.14(g)(4). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent equipped the facility's underground piping systems employing a suction pump with more than one check valve.
  69. Respondent failed to display and permanently affix a label that contains all of the information required by 6 NYCRR 614.3(a)(1) and shows the date of the installation of the tanks at the fill port. An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to display and permanently affix a label that contains all of the information required by 6 NYCRR 614.3(a)(1) and shows the date of the installation of the tanks at the fill port.
  70. Respondent failed to maintain accurate drawings or as-built plans which show the size and location of the underground tanks and piping at the facility, as required by 6 NYCRR 614.7(d). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to maintain as-built plans or an accurate drawing of the size and location of the underground tanks and piping at Respondent's facility.
  71. Respondent failed to monitor for traces of petroleum at least once per week, as required by 6 NYCRR 613.5(b)(3). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to monitor for traces of petroleum at least once per week.
  72. Respondent failed to keep all gauges, valves and other equipment for spill prevention in good working order, as required by 6 NYCRR 613.3(d). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to properly maintain the facility's leak detection equipment.
  73. Respondent failed to maintain leak monitoring records at Respondent's facility for a period of at least one (1) year, as required by 6 NYCRR 613.5(b)(4). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to maintain leak monitoring records at the facility for a period of at least one (1) year.
  74. Respondent failed to monitor the interstitial space of double-walled tanks for tightness using pressure monitoring, vacuum monitoring, electronic monitoring, manual sampling once per week or an equivalent method, as required by 6 NYCRR 614.5(b). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to monitor the interstitial space of double-walled tanks for tightness using pressure monitoring, vacuum monitoring, electronic monitoring, manual sampling once per week or an equivalent method.
  75. Respondent failed to monitor cathodic protection for corrosion-resistant underground tanks and piping, as required by 6 NYCRR 613.5(b). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to monitor cathodic protection for the facility's underground tanks and piping.
  76. Respondent failed to monitor cathodic protection for corrosion-resistant underground tanks, as required by 6 NYCRR 613.5(b). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to monitor cathodic protection for the facility's underground tanks.
  77. Respondent failed to monitor cathodic protection for corrosion-resistant underground piping, as required by 6 NYCRR 613.5(b). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to monitor cathodic protection for the facility's underground piping.
  78. Respondent failed to maintain cathodic protection monitoring records at Respondent's facility for a period of a least one (1) year, as required by 6 NYCRR 613.5(b)(4). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to maintain cathodic protection monitoring records at Respondent's facility for a period of at least one (1) year.
  79. Respondent failed to keep all gauges, valves and other equipment for spill prevention in good working order, as required by 6 NYCRR 613.3(d). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to properly maintain the facility's cathodic protection system.
  80. Respondent failed to monitor cathodic protection for corrosion-resistant underground tanks and piping, as required by 6 NYCRR 613.5(b). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to monitor cathodic protection for the facility's underground tanks and piping by failing to take at least three readings per tank and one reading per piping system.
  81. Respondent failed to maintain inventory records for underground storage tanks, as required under 6 NYCRR 613.4 and ECL 17-1005. An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to maintain inventory records for the facility's underground storage tanks.
  82. Respondent failed to keep all gauges, valves and other equipment for spill prevention in good working order, as required by 6 NYCRR 613.3(d). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to properly maintain the facility's inventory monitoring equipment.
  83. Respondent failed to properly reconcile the inventory records for the facility's underground storage tanks, as required by 6 NYCRR 613.4(a) and ECL 17-1007. An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to perform ten (10) day inventory reconciliation.
  84. Respondent failed to perform an investigation into the possible causes of an inventory loss; a recurring accumulation of water in the bottom of the tank during any ten-day period; apparent product losses or gains exceed three-quarters (3/4) of one (1) percent of the tank volume; or apparent losses or gains exceed seven and one-half (7.5) gallons per one-thousand gallons delivered, as required by 613.4(d).
  85. Respondent failed to conduct a standpipe analysis or other acceptable method of detecting inventory leakage on the facility's unmetered tank(s), as required by 6 NYCRR 613.4(a)(2). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to conduct a standpipe analysis or other acceptable method of detecting inventory leakage on the facility's unmetered tank(s).
  86. Respondent failed to conduct tightness testing and submit the results of that testing to the Department, as required by 6 NYCRR 613.5, for the following tanks and connecting piping systems:

    Tank No. Capacity(gallons) Testing Due Date

  87. Respondent failed to conduct tightness testing and submit the results of that testing to the Department, as required by 6 NYCRR 613.5, for the following tanks:

    Tank No. Capacity(gallons) Testing Due Date

  88. Respondent failed to conduct tightness testing and submit the results of that testing to the Department, as required by 6 NYCRR 613.5, for the piping connected to the following tanks:

    Tank No. Capacity(gallons) Testing Due Date

  89. Respondent installed aboveground tanks at the facility that are not made of welded steel in violation of 6 NYCRR 614.9(a). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent installed aboveground tanks at the facility that are not made of welded steel.
  90. Respondent failed to protect the exterior surfaces of the facility's aboveground storage tanks with a primer coat, a bond coat and two or more final coats of paint or an equivalent surface coating system, as required by 6 NYCRR 614.9(c). An inspection of Respondent's facility by Department staff on revealed that Respondent failed to protect the exterior surfaces of the facility's aboveground storage tanks with a primer coat, a bond coat and two or more final coats of paint or an equivalent surface coating system.
  91. Respondent failed to provide tank bottoms that rest on or in the ground with cathodic protection, as required by 6 NYCRR 614.9(b)(1). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to provide tank bottoms that rest on or in the ground with cathodic protection.
  92. Respondent installed tanks that do not have a double bottom and are not underlain by an impervious barrier to prevent leaks, in violation of 6 NYCRR 614.10. An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to install tanks which have a double bottom or are underlain by an impervious barrier to prevent leaks at Respondent's facility.
  93. Respondent failed to provide a method for monitoring between the tank bottom and impermeable barrier of the facility's aboveground storage tanks, as required by 6 NYCRR 614.11. An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to provide a method for monitoring between the tank bottom and impermeable barrier of the facility's aboveground storage tanks.
  94. Respondent failed to conduct monthly inspections of the aboveground storage tanks at Respondent's facility, as required by 6 NYCRR 613.6(a). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to conduct monthly inspections of the facility's aboveground storage tanks.
  95. Respondent failed to maintain monthly inspection records for the facility's aboveground tanks, as required by 6 NYCRR 613.6(c). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to maintain monthly inspection records for a period of at least ten (10) years.
  96. Respondent failed to conduct a detailed inspection of its aboveground tanks with a capacity of 10,000 gallons or more, and/or those with a capacity of less than 10,000 gallons which could reasonably be expected to discharge petroleum to the waters of the state, as required by 6 NYCRR 613.6(b). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to conduct the ten-year inspections of the facility's aboveground storage tanks.
  97. Respondent failed to maintain adequate ten-year inspection records for aboveground tank(s) with a capacity in excess of ten thousand (10,000) gallons for a period of at least ten (10) years, as required by 6 NYCRR 613.6(c). An inspection of Respondent's facility by Department staff on (inspection date) revealed that the Respondent failed to maintain adequate ten-year inspection records for a period of ten years.
  98. Respondent failed to provide secondary containment for the facility's aboveground petroleum bulk storage tanks that have a capacity of over ten thousand (10,000) gallons, as required by 6 NYCRR 613.3(c)(6). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to provide secondary containment for the aboveground storage tanks at the facility that have a capacity of over ten thousand (10,000) gallons.
  99. Respondent failed to keep all gauges, valves and other equipment for spill prevention in good working order, as required by 6 NYCRR 613.3(d). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to properly maintain the secondary containment system for the facility's aboveground tanks that have a capacity of over ten thousand (10,000) gallons.
  100. Respondent failed to provide secondary containment for the facility's aboveground petroleum bulk storage tanks that could reasonably be expected to discharge petroleum to the waters of the State, as required by 6 NYCRR 613.3(c)(6). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to provide secondary containment or equipment that meets Department guidance document SPOTS #17 for the aboveground storage tanks at the facility that could reasonably be expected to discharge petroleum to the waters of the State.
  101. Respondent failed to keep all gauges, valves and other equipment for spill prevention in good working order, as required by 6 NYCRR 613.3(d). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to properly maintain the secondary containment system or the equipment that meets Department guidance document SPOTS #17 for the aboveground storage tanks at the facility that could reasonably be expected to discharge petroleum to the waters of the State.
  102. Respondent failed to control storm water which collects within the secondary containment system by a manually operated pump or siphon, or a gravity drain pipe which has one manually controlled dike valve outside of the dike, in accordance with 6 NYCRR 613.3(c)(6)(iii). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to control storm water which collects within the secondary containment system by a manually operated pump or siphon, or a gravity drain pipe which has one manually controlled dike valve outside of the dike.
  103. Respondent failed to maintain dike valves for the facility's gravity drain pipes in a locked and closed position, as required by 6 NYCRR 613.3(c)(6)(iii). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to maintain dike valves for the facility's gravity drain pipes in a locked and closed position.
  104. Respondent failed to equip all aboveground tanks with a gauge which accurately shows the level of product in the tank, as required by 6 NYCRR 613.3(c)(3)(i) and (iii). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to equip all aboveground tanks with a gauge which accurately shows the level of product in the tank or install a high level warning alarm, a high level liquid pump cutoff controller or an equivalent device.
  105. Respondent failed to keep all gauges, valves and other equipment for spill prevention in good working order, as required by 6 NYCRR 613.3(d). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to properly maintain the gauges that provide overfill and spill prevention for the facility's aboveground storage tanks.
  106. Respondent failed to clearly mark the design capacity, working capacity and identification number of the facility's aboveground storage tanks on the tanks and at the gauges at Respondent's facility, as required by 6 NYCRR 613.3(c)(3)(ii). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to mark the design capacity, working capacity and identification number of the facility's aboveground storage tanks on the tanks and at the gauges.
  107. Respondent failed to equip all tanks which cause a gravity head on a dispenser of motor fuels with a device such as a solenoid valve to prevent liquid from flowing by gravity from the tank in case of piping or dispenser hose failure, as required by 6 NYCRR 613.3(c)(2). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to equip all tanks which cause a gravity head on a dispenser of motor fuels with a device such as a solenoid valve to prevent liquid from flowing by gravity from the tank in case of piping or dispenser hose failure.
  108. Respondent failed to keep all gauges, valves and other equipment for spill prevention in good working order, as required by 6 NYCRR 613.3(d). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to properly maintain the shutoff valves for gravity-fed fuel dispensers at the facility.
  109. Respondent failed to equip all remote fill pipes leading to a pump-filled tank with a properly functioning check valve or equivalent device which provides automatic protection against backflow, as required by 6 NYCRR 613.3(c)(4). An inspection of the Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to equip all fill pipes leading to a pump-filled tank with a properly functioning check valve or equivalent device.
  110. Respondent failed to keep all gauges, valves and other equipment for spill prevention in good working order, as required by 6 NYCRR 613.3(d). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to properly maintain the check valves for the facility's pump-filled aboveground tanks.
  111. Respondent failed to equip each tank connection through which petroleum can normally flow with an operating valve to control the flow, as required by 6 NYCRR 613.3(c)(5). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to equip each tank connection through which petroleum can normally flow with an operating valve to control the flow.
  112. Respondent failed to keep all gauges, valves and other equipment for spill prevention in good working order, as required by 6 NYCRR 613.3(d). An inspection of Respondent's facility by Department staff on (inspection date) revealed that Respondent failed to properly maintain operating valves for gravity drained tanks at the facility.
  113. Respondent discharged petroleum into the waters of the State, in violation of ECL 17-0501 and NL §173. As a result of an investigation by the Department, Respondent is considered a responsible party for a petroleum discharge reported on (date spill reported).
  114. In settlement of Respondent's civil liability for the aforesaid violations, Respondent has waived its right to a hearing herein as provided by law and has consented to the issuing and entering of this Order on Consent ("Order") pursuant to the provisions of Articles 17 and 71 of the ECL, and has agreed to be bound by the provisions, terms and conditions herein.

NOW, being duly advised and having considered this matter, THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION HEREBY ORDERS THAT:

I. COMPLIANCE SCHEDULE

  1. Within thirty (30) days of the effective date of this Order, Respondent shall submit to the Department a completed application to register the petroleum bulk storage tanks at the facility, as well as a certified check or money order in the amount of the registration fee(s) required under 6 NYCRR 612.3.
  2. Within thirty (30) days of the effective date of this order, Respondent shall display a current and valid petroleum bulk storage certificate at the facility and submit photo documentation of compliance to the Department, in accordance with 6 NYCRR 612.2(e).
  3. Within thirty (30) days of the effective date of this order, Respondent shall submit an application to correct the inaccurate information currently contained on the facility's petroleum bulk storage registration certificate, in accordance with 6 NYCRR 612.2(e).
  4. Within thirty (30) days of the effective date of this order, Respondent shall permanently mark and identify monitoring wells at the facility and submit photo documentation of compliance to the Department, in accordance with 6 NYCRR 613.3(b)(4).
  5. Respondent shall immediately empty tank (tank#'s), and shall either: (1) submit a plan to permanently close tank (tank#'s) at Respondents's facility within thirty (30) days of the effective date of this order in accordance with the requirements of 6 NYCRR 613.9(b); or (2) bring the facility into compliance with all applicable State, Federal and local regulations within sixty (60) days of the effective date of this order.
  6. Respondent shall immediately empty tank (tank#'s) and within thirty (30) days of the effective date of this order shall permanently close tank (tank#'s) at Respondents's facility in accordance with the requirements of 6 NYCRR 613.9(b).
  7. Within thirty (30) days of the effective date of this order, Respondent shall properly temporarily close tank (tank#'s) at Respondents's facility in accordance with the requirements of 6 NYCRR 613.9(a).
  8. Immediately upon the effective date of this order, Respondent shall report the petroleum discharge at Respondent's facility by calling the telephone hotline at (518) 457-7362, in accordance with 6 NYCRR 613.8.
  9. Within thirty (30) days of the effective date of this order, Respondent shall maintain spill prevention equipment in good working order by emptying and cleaning the top sumps and/or fill port catch basins for tank (tank#) and shall submit photo documentation of compliance, in accordance with 6 NYCRR 613.3(d).
  10. Within thirty (30) days of the effective date of this order, Respondent shall permanently mark all fill ports to identify the product inside the tank in accordance with the color and symbol code of the American Petroleum Institute and submit photo documentation of compliance to the Department, in accordance with 6 NYCRR 613.3(b).
  11. Within thirty (30) days of the effective date of this order, Respondent shall equip all dispensers of motor fuel under pressure from a remote pumping system with a shear valve (impact valve) located at the supply line at the inlet of the dispenser and submit documentation of installation to the Department, in accordance with 6 NYCRR 613.3(c)(1).
  12. Within thirty (30) days of the effective date of this order, Respondent shall maintain the facility's spill prevention equipment in good working order by repairing or replacing the shutoff valves for remote pumping units at the facility and submit documentation that the valves have been repaired or replaced, in accordance with 6 NYCRR613.3(d).
  13. Within thirty (30) days from the effective date of this order, Respondent shall remove the indicated tanks from service in accordance with 6 NYCRR 613.9(a) and submit for Department approval a proposal to install the required secondary containment system. Within thirty (30) days from the date of the installation of the secondary containment system, Respondent shall submit documentation of the installation.
  14. Within thirty (30) days of the effective date of this order, Respondent shall either: (1) install a leak monitoring system for Respondent's underground storage tanks, in accordance with 6 NYCRR 614.5; or (2) remove the indicated tanks from service in accordance with 6 NYCRR 613.9(a) and submit for Department approval a proposal to install the leak detection system. Within thirty (30) days of the installation of the leak monitoring system, Respondent shall submit documentation of the installation.
  15. Within thirty (30) days of the effective date of this order, Respondent shall install overfill prevention equipment for the facility's underground storage tank fill systems and submit documentation of the installation, in accordance with 6 NYCRR 614.14(g)(1).
  16. Within thirty (30) days of the effective date of this order, Respondent shall either: (1) install new underground piping that is made of either fiberglass-reinforced plastic, cathodically protected iron or steel or other equivalent non-corrodible material and submit documentation of installation, in accordance with 6 NYCRR 614.14; or (2) remove the indicated tanks from service in accordance with 6 NYCRR 613.9(a) and submit for Department approval a proposal to install the new underground piping. Within thirty (30) days of the installation of the new underground piping, Respondent shall submit documentation of the installation.
  17. Within thirty (30) days of the effective date of this order, Respondent shall either: (1) install line leak detection for the pressurized piping at the facility and submit documentation of the installation, in accordance with 6 NYCRR 614.14(g)(3); or (2) remove the indicated tanks from service in accordance with 6 NYCRR 613.9(a) and submit for Department approval a proposal to install the required line leak detection.
  18. Within thirty (30) days of the effective date of this order, Respondent shall ensure that the facility's underground piping systems employing a suction pump have only one check valve and provide documentation of such, in accordance with 6 NYCRR 614.14(g)(4).
  19. Within thirty (30) days of the effective date of this order, Respondent shall display and permanently affix a label that contains all information required by 6 NYCRR 614.3(a)(1) and shows the date of the installation of the tanks at the fill port and submit photo documentation of compliance, in accordance with 6 NYCRR 614.3(a)(2).
  20. Within thirty (30) days of the effective date of this order, Respondent shall submit as-built plans which show the size and location of the facility's underground storage tanks and piping systems, in accordance with 6 NYCRR 614.7(d).
  21. Immediately upon the effective date of this order, Respondent shall begin monitoring the facility's leak detection system at least weekly, in accordance with 6 NYCRR 613.5(b)(3). Within thirty (30) days of the effective date of this order, Respondent shall submit the most recent four weekly leak detection monitoring records.
  22. Within thirty (30) days of the effective date of this order, Respondent shall maintain spill prevention equipment in good working order by repairing and maintaining the facility's leak detection system and shall submit documentation that the leak detection system has been repaired, in accordance with 6 NYCRR 613.3(d).
  23. Immediately upon the effective date of this order, Respondent shall begin maintaining leak detection records at the facility, and must maintain these records for a period of at least one (1) year, in accordance with 6 NYCRR 613.5(b)(4). Within thirty (30) days of the effective date of this order, Respondent shall submit the most recent four weekly leak detection monitoring records.
  24. Immediately upon the effective date of this order, Respondent shall begin monitoring the interstitial space of its double-walled tanks for tightness, in accordance with the requirements of 6 NYCRR 614.5. Within thirty (30) days of the effective date of this order, Respondent shall submit the most recent four weekly monitoring records.
  25. Within thirty (30) days of the effective date of this order, Respondent shall conduct a test of the cathodic protection for tank (tank#) and the connecting piping systems, submit the results to the Department and shall thereafter monitor the cathodic protection at least annually, in accordance with 6 NYCRR 613.5(b).
  26. Within thirty (30) days of the effective date of this order, Respondent shall begin maintaining cathodic protection records at the facility, and must maintain these records for a period of at least one (1) year, in accordance with 6 NYCRR 613.5(b)(4). Respondent shall submit the most recent annual monitoring report within thirty (30) days of the effective date of this order.
  27. Within thirty (30) days of the effective date of this order, Respondent shall maintain spill prevention equipment in good working order by repairing and maintaining the facility's cathodic protection system and shall submit documentation that the system has been repaired, in accordance with 6 NYCRR 613.3(d).
  28. Immediately upon the effective date of this order, Respondent shall properly maintain inventory records for the facility's underground storage tanks, in accordance with 6 NYCRR 613.4(a) and ECL 17-1005.
  29. Within thirty (30) days of the effective date of this order, Respondent shall submit proper inventory records utilizing a ten (10) day reconciliation period for the most recent thirty (30) day period for the facility's underground storage tanks, in accordance with 6 NYCRR 613.4(a) and ECL 17-1007.
  30. Within thirty (30) days of this order, Respondent shall maintain spill prevention equipment in good working order by repairing and properly maintaining inventory monitoring equipment at the facility and submit documentation that the equipment has been repaired or replaced, in accordance with 6 NYCRR 613.3(d).
  31. Within thirty (30) days of the effective date of this order, Respondent shall perform an annual standpipe analysis or other acceptable inventory monitoring for the facility's unmetered tank/s, in accordance with 6 NYCRR 613.4(a)(2).
  32. Within thirty (30) days of the effective date of this order, Respondent shall either: (1) conduct tightness testing on each of the indicated tanks and connecting piping systems at the facility in accordance with 6 NYCRR 613.5; or (2) permanently close the indicated tanks and connecting piping systems in accordance with 6 NYCRR 613.9(b), (c), (d) and (e). Respondent shall notify the Department five (5) business days in advance of conducting a tank tightness test. A test report containing the results of such test(s) shall be submitted to the Department within fifteen (15) days of the completion of such test(s). In the event that a tightness test reveals that a tank is not tight, that portion of the facility which failed the test must be promptly repaired, replaced or closed in accordance with 6 NYCRR 613.5(a)(5). Additionally, if such test(s) reveals that a tank is leaking, such leak must be reported to the Department, pursuant to 6 NYCRR 613.8, within two (2) hours of discovery by calling the Spills telephone hotline at (800) 457-7362 or, for out-of-state callers, (518) 457-7362.
  33. Within thirty (30) days of the effective date of this order, Respondent shall either: (1) conduct tightness testing on each of the indicated tanks at the facility in accordance with 6 NYCRR 613.5; or (2) permanently close the indicated tanks in accordance with 6 NYCRR 613.9(b), (c), (d) and (e). Respondent shall notify the Department five (5) business days in advance of conducting a tank tightness test. A test report containing the results of such test(s) shall be submitted to the Department within fifteen (15) days of the completion of such test(s). In the event that a tightness test reveals that a tank is not tight, that portion of the facility which failed the test must be promptly repaired, replaced or closed in accordance with 6 NYCRR 613.5(a)(5). Additionally, if such test(s) reveals that a tank is leaking, such leak must be reported to the Department, pursuant to 6 NYCRR 613.8, within two (2) hours of discovery by calling the Spills telephone hotline at (800) 457-7362 or, for out-of-state callers, (518) 457-7362.
  34. Within thirty (30) days of the effective date of this order, Respondent shall either: (1) conduct tightness testing on each of the indicated piping systems at the facility in accordance with 6 NYCRR 613.5; or (2) permanently close the indicated piping systems in accordance with 6 NYCRR 613.9(b), (c), (d) and (e). Respondent shall notify the Department five (5) business days in advance of conducting a tightness test. A test report containing the results of such test(s) shall be submitted to the Department within fifteen (15) days of the completion of such test(s). In the event that a tightness test reveals that a tank or piping system is not tight, that portion of the facility which failed the test must be promptly repaired, replaced or closed in accordance with 6 NYCRR 613.5(a)(5). Additionally, if such test(s) reveals that a tank or piping system is leaking, such leak must be reported to the Department, pursuant to 6 NYCRR 613.8, within two (2) hours of discovery by calling the Spills telephone hotline at (800) 457-7362 or, for out-of-state callers, (518) 457-7362.
  35. Within thirty (30) days of the effective date of this order, Respondent shall either: (1) protect the exterior surfaces of the facility's aboveground storage tanks with a primer coat, a bond coat and two or more final coats of paint or an equivalent surface coating system and submit documentation of compliance, in accordance with 6 NYCRR 614.9(c); or (2) remove the indicated tanks from service in accordance with 6 NYCRR 613.9(a) and submit for Department approval a proposal to protect the exterior surfaces of the facility's aboveground storage tanks with a primer coat, a bond coat and two or more final coats of paint or an equivalent surface coating system.
  36. Within thirty (30) days of the effective date of this order, Respondent shall submit a plan to install a double bottom or underlay tank (tank#) with an impermeable barrier, in accordance with 6 NYCRR 614.10. Respondent shall submit documentation of the completion of the installation within one hundred and eighty (180) days of the effective date of this order.
  37. Within thirty (30) days of the effective date of this order, Respondent shall provide a method for monitoring between the tank bottom and impermeable barrier of the facility's aboveground storage tanks and submit photo documentation of compliance, in accordance with 6 NYCRR 614.11.
  38. Immediately upon the effective date of this order, Respondent shall begin conducting monthly inspections of the facility's aboveground storage tanks, in accordance with 6 NYCRR 613.6(a). Within thirty (30) days of the effective date of this order, Respondent shall submit a copy of the most recent monthly inspection report.
  39. Immediately upon the effective date of this order, Respondent shall maintain monthly inspection records for the facility's aboveground storage tanks and shall maintain the inspection records for a period of a least ten (10) years, in accordance with 6 NYCRR 613.6(a). Within thirty (30) days of the effective date of this order, Respondent shall submit a copy of the most recent monthly inspection report.
  40. Within thirty (30) days of the effective date of this order, Respondent shall submit a plan to conduct the ten-year inspection of the facility's aboveground storage tank (tank#), in accordance with 6 NYCRR 613.6(b). Respondent shall submit the inspection results indicating that the test/s have been completed to the Department within ninety (90) days of the effective date of this order.
  41. Immediately upon the effective date of this order, Respondent shall maintain ten-year inspection records for the facility's aboveground storage tanks and shall maintain the inspection records for a period of a least ten (10) years, in accordance with 6 NYCRR 613.6(a). Within thirty (30) days of the effective date of this order, Respondent shall submit a copy of the most recent ten-year inspection report.
  42. Within thirty (30) days of the effective date of this order, Respondent shall submit a plan to install secondary containment for the following aboveground storage tanks which have a capacity of ten thousand (10,000) gallons or more, (tank#'s), in accordance with 6 NYCRR 613.3(c)(6). Respondent shall submit documentation that the required secondary containment system has been installed within ninety (90) days of this order.
  43. Within thirty (30) days of the effective date of this order, Respondent shall maintain spill prevention equipment in good working order by repairing or replacing the secondary containment system for the following aboveground storage tanks (tank#'s) and submit documentation that the secondary containment has been repaired or replaced, in accordance with 6 NYCRR 613.3(d).
  44. Within thirty (30) days of the effective date of this order, Respondent shall submit a plan to install secondary containment or the equipment that meets Department guidance document SPOTS #17 for tank/s (tank#'s) which could be reasonably expected to discharge petroleum to the waters of the State, in accordance with 6 NYCRR 613.3(c)(6). Respondent shall submit documentation that the required secondary containment system has been installed within ninety (90) days of the effective date of this order.
  45. Within thirty (30) days of the effective date of this order, Respondent shall maintain spill prevention equipment in good working order by repairing or replacing the secondary containment system or the equipment that meets Department guidance document SPOTS #17 for tank/s (tank#'s) and submit documentation that the secondary containment has been repaired or replaced, in accordance with 6 NYCRR 613.3(d).
  46. Within thirty (30) days of the effective date of this order, Respondent shall control storm water which collects within the secondary containment system by a manually operated pump or siphon, or a gravity drain pipe which has one manually controlled dike valve outside of the dike and shall submit documentation of installation, in accordance with 6 NYCRR 613.3(c)(6)(iii).
  47. Immediately upon the effective date of this order, Respondent shall maintain dike valves for the facility's gravity drain pipes in a locked and closed position and shall submit photo documentation of compliance within thirty (30) days, in accordance with 6 NYCRR 613.3(c)(6)(iii).
  48. Within thirty (30) days of the effective date of this order, Respondent shall either: (1) equip all aboveground tanks at the facility with a gauge that accurately shows the level of product in the tank; or (2) install a high level warning alarm, a high level liquid pump cutoff controller or an equivalent device and submit documentation of installation, in accordance with 6 NYCRR 613.3(c)(3)(i) and (iii).
  49. Within thirty (30) days of the effective date of this order, Respondent shall maintain spill prevention equipment in good working order by repairing or replacing the gauges or equivalent devices that provide overfill and spill prevention for the facility's aboveground storage tanks and submit documentation that the gauges have been repaired or replaced, in accordance with 6 NYCRR 613.3(d).
  50. Within thirty (30) days of the effective date of this order, Respondent shall clearly mark the design capacity, working capacity and identification number of the facility's aboveground storage tanks on the tanks and at the gauges and submit photo documentation of compliance, in accordance with 6 NYCRR 613.3(c)(3)(ii).
  51. Within thirty (30) days of the effective date of this order, Respondent shall equip all tanks that cause a gravity head on a dispenser of motor fuels with a device such as a solenoid valve to prevent liquid from flowing by gravity from the tank in case of piping or dispenser hose failure and submit documentation of installation, in accordance with 6 NYCRR 613.3(c)(2).
  52. Within thirty (30) days of the effective date of this order, Respondent shall maintain spill prevention equipment in good working order by repairing or replacing the shutoff valves for gravity-fed dispensers at the facility and submit documentation that the valves have been repaired or replaced, in accordance with 6 NYCRR 613.3(d).
  53. Within thirty (30) days of the effective date of this order, Respondent shall equip all remote fill pipes leading to a pump-filled tank with a properly functioning check valve or equivalent device which provides automatic protection against backflow and submit documentation of installation, in accordance with 6 NYCRR 613.3(c)(4).
  54. Within thirty (30) days of the effective date of this order, Respondent shall maintain spill prevention equipment in good working order by repairing and properly maintaining check valves for gravity drained tanks at the facility and submit documentation that the valves have been repaired or replaced, in accordance with 6 NYCRR 613.3(d).
  55. Within thirty (30) days of the effective date of this order, Respondent shall equip each tank through which petroleum can normally flow with an operating valve to control the flow and submit documentation of installation, in accordance with 6 NYCRR 613.3(c)(5).
  56. Within thirty (30) days of the effective date of this order, Respondent shall maintain spill prevention equipment in good working order by repairing or replacing operating valves for gravity drained tanks and submit documentation that the equipment has been repaired or replaced, in accordance with 6 NYCRR 613.3(d).
  57. Within sixty (60) days of the effective date of this order, Respondent shall submit a closure report for the closure of tank (tank#'s) at Respondent's facility.


    Spill Investigation and Remediation
  58. Within thirty (30) days of the effective date of this Order, Respondent shall submit to DEC for its review and approval a proposed site investigation plan for Respondent's facility, including any off-site contamination. The Investigation Plan shall provide a schedule specifying the dates that the investigation will be initiated, completed, and the Investigation Report submitted to the DEC.
  59. Once the Investigation Plan is approved by DEC, Respondent shall carry out the investigative activities mandated thereunder according to the timetable contained therein. The facility investigation shall address, but not be limited to, the Facility's history of petroleum storage, its physical and hydrogeological characteristics, the vertical and horizontal extent of soil and groundwater contamination, any impacts to subsurface structures and utilities by the contamination, the concentrations of contamination in the soil and groundwater, vapor migration, analytical procedures to be followed, how remedial options (including any interim remedial actions that should be taken to temporarily or permanently abate the contamination) will be considered and how each site will be evaluated for closure.
  60. Once Respondent has completed their investigation, and has obtained laboratory-certified data, it shall submit to DEC for its review and approval an Investigation Report detailing compliance with and the results of the approved Investigation Plan, and providing recommendations for further actions.
  61. If the Investigation Report indicates the need to conduct a remedial action at the Facility, including for any off-site contamination, then Respondent will submit, concurrent with the Investigation Report, a Remediation Plan and Implementation Schedule detailing the proposed remedial action and the reasons for its selection over other alternatives. The Remediation Plan must also address any interim remedial actions needed to avoid immediate and significant impacts to natural resources or sub-surface structures, as well as interim measures (e.g., soil removal) proposed to rectify contamination without the need to install a permanent remediation system.
  62. Within 45 days of the date DEC approves the Remediation Plan, Respondent shall submit to DEC for review and approval a Monitoring Plan, which shall detail, according to DEC guidance, the following:
    1. an operations and maintenance procedure that assures that the remediation system is properly maintained and kept in working order;
    2. a contingency plan shall be included under the operations and maintenance procedure so that, in the event that the remedial system ceases to function, immediate measures are taken to bring said system back in to working order and DEC is notified in a timely manner of the problem;
    3. an analytical and sampling procedure that will measure both the progress of contamination removal, and the quantity of any regulated point source wastewater discharges from the remediation system.
  63. Any air or water discharges from the remediation systems constructed under this Order must, in order to avoid a separate obligation to obtain other DEC permits, comply with DEC's general Petroleum Spill Stipulation Agreement ("the Agreement"). A copy of this Agreement is attached to this Order as Appendix A. This Consent Order shall act as the Stipulation between the Department and Respondent described in the Agreement, and the pollutant limitations specified under the Agreement shall be the regulatory limits for all remedial system discharges.
  64. The objectives of all remediation projects governed by State law are set forth at 6 NYCRR 611.6. Once Respondent has either taken an interim remedial action, or has successfully constructed and operated a remediation system, it shall measure the results of these actions against the objectives of 6 NYCRR 611.6, the Groundwater Standards specified under 6 NYCRR Part 703, and governing DEC remediation guidance memos (including "Spill Technology And Remediation Series Memo #1 - Petroleum-Contaminated Soil Guidance Policy"("STARS #1")). When Respondent believes that its remediation plan has achieved the applicable remediation goals at the Facility, it can formally petition DEC for closure of the interim remedial action or remediation system by submitting a "Petition For Closure Report," for DEC's review and approval. The Petition For Closure Report must contain a narrative discussion, with analytical data support, of the results of remediation, measures of background pollutant levels, and any other relevant factors, in order to show that Respondent has met the aforementioned remediation goals. The Department may request further information or monitoring be provided by Respondent to support the Petition For Closure Report. The Department may also approve the Petition For Closure Report with amendments to take further action, including, but not limited to, continuation of well sampling, or additional remediation work to provide for closure of the interim remedial action/remediation system.
  65. All remedial or investigative plans or reports which Respondent must submit pursuant to this Order are subject to Department approval. Except as otherwise specifically provided, this approval process shall be as follows:
    1. After the Department's receipt of each of the submissions required pursuant to this Order, the Department shall notify Respondent, in writing, of its approval or disapproval of the submission. If the Department approves the submission, Respondent shall implement it in accordance with its schedule and terms, as approved. If the Department disapproves the submission upon specific written grounds, within 30 days after Respondent receives written notice of disapproval, Respondent shall submit a revision responsive to the Department's objections. After the Department's receipt of Respondent's revision, the Department shall notify Respondent in writing of its approval or disapproval. If the Department approves the revised submission, Respondent shall implement it in accordance with its schedule and terms, as approved. If the Department cannot approve the revised submission as submitted, it may disapprove it or may approve it on condition that Respondent accept such modifications as may be specified by the Department. If the Department reasonably and properly disapproves the revised submission, Respondent shall be in violation of this Order.
    2. Each submission made pursuant to the Compliance Schedule, as approved, shall be deemed incorporated into this Order. The Department agrees that any modifications it specifies will be reasonable and consistent with customary engineering standards.
    3. The Department shall make all reasonable efforts to review any reports or plans submitted to the Department for approval within 45 days of their receipt. Should Respondent not receive notice of completion of the Department's review within that timetable, Respondent may request in writing that the Department complete such review within 30 days. In response, the Department may either forward its review within this 30-day period, or give Respondent written notice that a longer period for review will be required (in either case, Respondent will be entitled to an extension of the affected milestone date for an equal period of time, commencing from the end of the initial 45-day).

II. PENALTIES

Respondent is hereby assessed a civil penalty in the amount of (Penalty Amount) ($(payable penalty).00) DOLLARS for the violations stated herein, (payable amount)($(payable penalty).00) Dollars of which shall be payable upon Respondent's signing and returning this Order to the Department, with (Suspended penalty) (suspended penalty).00) DOLLARS suspended and not payable, provided that Respondent fully complies with the requirements of this Order. If Respondent fails to fully comply with the requirements of this Order, the entire suspended portion of the penalty shall become due and payable immediately upon receipt of written notice to Respondent without prejudicing the Department from seeking further appropriate penalties for violations of this Order by Respondent.

Payment of the above penalty shall not in any way alter Respondent's obligation to complete performance under the terms of this Order.

III. STANDARD PROVISIONS

Respondent shall further comply with the standard provisions which are attached, and which constitute material and integral terms of this Order and are hereby incorporated into this document.

DATED: _______________, New York
_______________, 2003

ERIN M. CROTTY, Commissioner
New York State Department of
Environmental Conservation
By: ____________________________

CONSENT BY RESPONDENT

Respondent hereby consents to the issuing and entering of this Order without further notice, waives its right to a hearing herein, and agrees to be bound by the terms, conditions and provisions contained in this Order.

(RESPONDENT),Respondent

By (Signature): ____________________
Print Name: ____________________
Title: ____________________
Date: ____________________

ACKNOWLEDGEMENT

STATE OF NEW YORK
COUNTY OF

On the _______ day of _____ in the year ____ before me personally came
___________________________, to me known, who, being by me duly sworn,
did depose and said that s/he resides in _____________________________;
that s/he is the __________________________ of ____________________________,
namely, the _____________________ of ________________________________,
the corporation described in and which executed the above instrument; and that
s/he signed his/her name thereto by authority of the board of directors of said corporation.

________________________________________________
Notary Public
Signature and Office of individual taking acknowledgement

STANDARD PROVISIONS

Payment. Any penalty assessed pursuant to the terms and conditions of this Order shall be paid by submitting a certified or cashier's check or money order, payable to the Department of Environmental Conservation, to: Department of Environmental Conservation Region (Region #), Attn: (Regional Attorney), (city), New York (zip). Unpaid penalties imposed by this Order shall bear interest at the rate of 9 percent per annum for each day the penalty, or any portion thereof, remains unpaid. Payments received shall first be applied to accrued interest charges and then to the unpaid balance of the penalty. Any registration fees herein required shall be paid by submitting a certified or cashier's check or money order, payable to the Department of Environmental Conservation, to: NYS DEC Region (Region #), Regional Spill Engineer, Attn: (Regional Spill Engineer), (city), New York (zip).

Communications. Except as otherwise specified in this Order, any reports, submissions, and notices herein required shall be made to: NYS DEC Region (Region #), Regional Spill Engineer, Attn: (Regional Spill Engineer), (city), New York (zip).

Effective Date and Duration. The effective date of this Order is the date that by the Commissioner of Environmental Conservation, or her designee, signs it; and this Order shall expire when Respondent has fully complied with the requirements of this Order.

Access. For the purpose of monitoring or determining compliance with this Order, employees and agents of the Department shall be provided access to any facility, site, or records owned, operated, controlled or maintained by Respondent, in order to inspect and/or perform such tests as the Department may deem appropriate, to copy such records, or to perform any other lawful duty or responsibility.

Force Majeure. If Respondent cannot comply with a deadline or requirement of this Order, because of an act of God, war, strike, riot, catastrophe, or other condition which was not caused by the negligence or willful misconduct of Respondent and which could not have been avoided by Respondent through the exercise of due care, Respondent shall apply in writing to the Department within a reasonable time after obtaining knowledge of such fact and request an extension or modification of the deadline or requirement.

Indemnity. Respondent shall indemnify and hold the Department, the State of New York, and their representatives and employees harmless for all claims, suits, actions, damages and costs resulting from the acts and/or omissions of Respondent, intentional, negligent, or otherwise, of every nature and description, arising out of or resulting from the compliance or attempted compliance with the provisions of this Order by Respondent or its employees, servants, agents, successors or assigns.

Modifications. No change in this Order shall be made or become effective except as specifically set forth by written order of the Commissioner, being made either upon written application of Respondent, or upon the Commissioner's own findings after notice and opportunity to be heard have been given to Respondent. Respondent shall have the burden of proving entitlement to any modification requested pursuant to this Standard Provision or the "Force Majeure" provision, supra. Respondent's requests for modification shall not be unreasonably denied by the Department, which may impose such additional conditions upon Respondent as the Department deems appropriate.

Settlement and Reservation of Rights.

A. Upon completion of all obligations created in this Order, this Order settles only all claims for civil and administrative penalties concerning the violations described in this Order against Respondent and its successors (including successors in title) and assigns.

B. Except as provided in paragraph -.A above, nothing contained in this Order shall be construed as barring, diminishing, adjudicating or in any way affecting any of the civil, administrative, or criminal rights of the Department or of the Commissioner or the Commissioner's designee (including, but not limited to, nor exemplified by, the rights to recover natural resources damages and to exercise any summary abatement powers) or authorities with respect to any party, including Respondent.

Entire Agreement. This Order shall constitute the entire agreement of the Department and Respondent with respect to settlement of those violations specifically referenced herein.

Binding Effect. The provisions, terms, and conditions of this Order shall be deemed to bind Respondent and Respondent's heirs, legal representatives, receivers, trustees in bankruptcy, successors and assigns.

Service. If Respondent is represented by an attorney with respect to the execution of this Order, service of a duly executed copy of this Order upon Respondent's attorney by ordinary mail shall be deemed good and sufficient service.

Multiple Respondents. If more than one Respondent is a signatory to this Order, use of the term "Respondent" in this Order shall be deemed to refer to each Respondent identified in the Order.

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