N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-1.11

Current through Register Vol. 46, No. 51, December 18, 2024

Section 598-1.11 - Enforcement

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

(b) Where a spill of any hazardous substance has occurred or is suspected, the department may order the owner to inspect any tank system, location and/or associated equipment which might be the source of the actual or suspected spill and to test for tightness and structural soundness. If the owner fails to conduct such tests within 10 days of the order, the department may do so. The reasonable expenses of conducting such tests incurred by the department shall be paid by the owner.

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

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-1.11

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