N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-1.7

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

Section 613-1.7 - Approval of local laws or ordinances

(a) The Department may approve a local law or ordinance that establishes a local petroleum bulk storage program (local program) for a city with a population over one million or a county when such local law or ordinance provides environmental protection equal to or greater than:

(1) the requirements of ECL article 17, title 10;

(2) the applicable requirements of ECL article 71; and

(3) the requirements of this Part, excluding Subpart 7 of this Part.

(b) The city or county must seek approval from the Department in writing. At a minimum, the application must:

(1) include a copy of the local law or ordinance that establishes the local program;

(2) explain differences and inconsistencies between the provisions of the local law or ordinance and the provisions of this Part and include a line-by-line comparison of the provisions of the local law or ordinance with the provisions of this Part;

(3) identify enforcement procedures, penalties, and resources available to implement the local law or ordinance;

(4) contain a declaration of intent to administer and enforce the local law or ordinance; and

(5) contain a statement from the city or county attorney confirming that the city or county has adequate legal authority to carry out the local program. This statement should identify all sources of statutory authority that form the basis for the local program.

(c)Conditions for Department approval. In order to receive Department approval, a local law or ordinance that establishes a local program must, at a minimum, require that:

(1) every facility be inspected by the city or county at no less than three-year intervals; and

(2) inspection results, compliance determinations, and information regarding any enforcement action be made available to the Department.

(d) The Department will review every application and consult with the city or county and allow revisions to the initial application. The Department will issue a final written decision within 180 days after the initial application is submitted that either approves or disapproves the local law or ordinance. As part of the final written decision, the Department may approve the local law or ordinance and mandate adherence to conditions of approval that are additional to those set forth in subdivision (c) of this section. The finally approved version of the local law or ordinance along with any attendant conditions of approval will serve as the basis for the establishment of the local program to be implemented.

(e) Any modification to a previously approved local law or ordinance that establishes a local program that has not been newly approved by the Department under subdivision (d) of this section is without force or effect. Any attempt by a city or county to implement a modification to an approved local law or ordinance in the absence of Department approval of the modification is a ground for rescission of the Department's approval in accordance with subdivision (k) of this section.

(f) Every city or county administering an approved local program on October 17, 2023 may, within 180 days after October 17, 2023, request approval of a new or revised local law or ordinance that would establish a new or revised local program.

(g) The duration of the Department's approval of any local law or ordinance will not exceed five years.

(h) Every city or county administering an approved local program must, at least 180 days prior to the expiration of local program approval in accordance with subdivision (g) of this section:

(1) apply to the Department for renewal of the Department's approval of the existing local law or ordinance; or

(2) request approval of a new or revised local law or ordinance that would establish a new or revised local program.

(i) The Department's prior approval of a local program will remain in effect until the Department takes action under subdivision (d) or (k) of this section.

(j)Department's continuing jurisdiction. To the extent that the provisions of this Part are not inconsistent with the provisions of the approved local law or ordinance, the Department maintains its jurisdiction over every facility in any city or county having an approved local program. Every facility located in a city or county with an approved local program must be registered only with such city or county.

(k)Rescission of approval of a local law or ordinance.

(1) If a city or county administering an approved local program on October 17, 2023 does not apply for approval of a new or revised local law or ordinance in accordance with subdivision (f) of this section, the Department's approval is deemed rescinded.

(2) If the Department determines that an approved local law or ordinance is not being properly administered or enforced, it will advise the chief executive officer of the city or county of its determination in writing. If appropriate actions, as determined by the Department, are not taken by the city or county to effectively and properly administer and enforce the local law or ordinance within 60 days after receipt of the Department's written determination, the Department will rescind approval.

(3) The Department's decision to rescind approval of a local law or ordinance will take effect when it is published in the Environmental Notice Bulletin.

(4) The Department will solely administer the provisions of this Part for every facility located in a city or county for which approval of the local law or ordinance has been rescinded.

(5) Within 30 days after the Department's approval of the local law or ordinance has been rescinded, every facility located in the relevant city or county must submit to the Department an application to initially register the facility in accordance with paragraph 1.9(c)(1) of this Subpart. The registration application must include the applicable per-facility registration fee.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 613-1.7

Adopted, New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff. 10/11/2015

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