§3404-01 Out-Of-Service Storage Systems

   (b)   Definitions. The following terms shall, for purposes of this section and as used elsewhere in the rules, have the meanings shown herein:

Permanently out-of-service storage systems. Storage systems that are no longer to be used for storing gasoline, diesel, fuel oil or other flammable or combustible liquids or that have not been used for one (1) year or more. The Department may deem a storage system permanently out of service and require that it be closed accordingly where it has not been closed and maintained as a temporarily out-of-service storage system and the circumstances of an actual or anticipated change in use or occupancy of the premises at which the storage system is located indicate that any further use of such storage system cannot be reasonably anticipated.

Temporarily out-of-service storage systems. Storage systems for gasoline, diesel, fuel oil or other flammable or combustible liquids that have not been used for 30 days or more, but less than one (1) year.

   (c)   Temporarily Out-of-Service Storage Systems.

      (1)   Supervision.

            (A)   For motor fuel or other flammable or combustible liquid storage systems, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate.

            (B)   For fuel oil storage systems with a total capacity exceeding 330 gallons, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate, or a person holding an oil-burning equipment installer license issued by the Department of Buildings or by a person who is employed by and under the direct supervision of a person holding such license.

            (C)   For fuel oil storage systems with a total capacity of 330 gallons or less, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate, by a person holding an oil-burning equipment installer license issued by the Department of Buildings or by a person who is employed by and under the direct supervision of a person holding such license, or a plumber licensed by the Department of Buildings.

      (2)   Affidavit of compliance. The owner or operator of a temporarily out-of-service storage system or the permit holder for such system shall file with the Department an affidavit certifying that such system has been safeguarded in compliance with the requirements of FC Chapter 34 and this section. Such affidavit shall be executed by a person with the requisite qualifications to supervise the closure of such tanks.

      (3)   Permits and testing.

            (A)   All storage systems which have been rendered temporarily out of service shall continue to be subject to the Department's permit and testing requirements and the registration, reporting, inspection and testing regulations of the New York State Department of Environmental Conservation.

            (B)   Before a temporarily out-of-service storage system may be restored to service, an affidavit of compliance shall be filed with the Department in accordance with R3404-01(c)(2), certifying the integrity of the tank and piping, and the proper functioning of any leak detection and cathodic protection systems.

   (d)   Permanently Out-of-Service Storage Systems.

      (1)   Supervision.

            (A)   For motor fuel or other flammable or combustible liquid storage systems, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate.

            (B)   For fuel oil storage systems with a total capacity exceeding 330 gallons, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate, or a person holding an oil-burning equipment installer license issued by the Department of Buildings or by a person who is employed by and under the direct supervision of a person holding such license.

            (C)   For fuel oil storage systems with a total capacity of 330 gallons or less, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate, by a person holding an oil-burning equipment installer license issued by the Department of Buildings or by a person who is employed by and under the direct supervision of a person holding such license, or a plumber licensed by the Department of Buildings.

      (2)   Affidavit of compliance. The owner or operator of a permanently out-of-service storage system or the permit holder for such system shall file with the Department an affidavit certifying that such system was removed and disposed of, or abandoned in place, in compliance with the requirements of FC Chapter 34 and this section. Such affidavit shall be executed by a person with the requisite qualifications to supervise the closure of such tanks.

      (3)   Environmental site assessment. If an environmental site assessment is required by federal or state law or regulations, the owner or operator of the storage system, the permit holder for such system, or the person filing the affidavit of compliance for such system, shall submit to the Department a written statement that such environmental site assessment has been performed in accordance with such law and regulations.