§ 4-06 Testing.

Vehicles subject to this chapter shall undergo a pressure vacuum test within one year after the effective date of this chapter, and annually thereafter. These tests shall be performed by the owner or his agent using test methods acceptable to the Commissioner of NYSDEC. [Test method 27 described in appendix A of Part 60 of Title 40 of the Code of Federal Regulations (40 C.F.R. Part 60) is considered to be acceptable]. If the results of the pressure vacuum test do not show compliance with the pressure change standard, the gasoline transport vehicle shall be repaired to make the tank vapor-tight and retested within 15 days.

§ 4-07 Record Keeping.

   (a)   The owner of any gasoline transport vehicle subject to this chapter shall maintain written records of pressure-vacuum testing and repairs. The records include the vehicle identification number of the gasoline transport vehicle, the date of tests, the results of the testing, the nature of necessary repairs and the date of retests.

   (b)   A copy of the most recent pressure-vacuum test results, in a form acceptable to the Commissioner, shall be kept with the gasoline transport vehicle.

   (c)   Written records required by this section shall be maintained by owner and/or operator and shall be retained for two years after the testing occurred. The record must be made available to the Commissioner or his representative upon request at any reasonable time.

§ 4-08 Reciprocity.

Consistent with the decision of NYSDEC the requirements for testing and marking gasoline transport vehicles subject to this chapter may be satisfied if the vehicle undergoes equivalent certification in another state.

§ 4-09 Compliance Schedules for Gasoline Dispensing Sites.

Any owner or operator of a gasoline dispensing site subject to the requirements of this chapter shall submit a proposed schedule to the Commissioner which includes specific steps and dates necessary to comply with the provisions of this part within 10 days of the effective date of this chapter. Owners of gasoline dispensing sites subject to this chapter shall be in compliance with all requirements within 10 days of the effective date of this chapter or shall have submitted an approved compliance schedule.

§ 4-10 Fire Department Regulations.

Nothing in this chapter shall effect or substitute for New York City Fire Department or other regulations of the New York City Administrative Code.

§ 4-11 Variances.

The Commissioner may grant variances from the requirements of this chapter to gasoline dispensing sites or gasoline transport vehicles in accordance with the procedures, standards and time limits provided in § 24-110 of the Administrative Code of the City of New York.

§ 4-12 Penalties and Sanctions.

Any person who is in violation of, or fails to comply with any provision of any section of these regulations or any determination issued pursuant to these regulations shall be subject to issuance of a notice of violation answerable to the Environmental Control Board as provided in § 24-178 of the Administrative Code of the City of New York.