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(a) Applicability. This section applies to any responsible party who:
(1) is obligated to file a facility inventory form in accordance with 15 RCNY § 41-05; and
(2) owns, operates or manages any portable container used to store fewer than 2,200 pounds of any hazardous substance(s).
(3) This section shall not apply to the use or management of portable containers during an extreme weather watch or event by (a) medical facilities, hospitals, or clinics engaged in the preservation and sustainment of human life and (b) government, utility and telecommunications entities and their contractors engaged in the maintenance, operation, repair and recovery of critical infrastructure or conducting other emergency or weather event response activities.
(b) Spillage Prevention. Portable containers storing hazardous substances may not be used during extreme weather watches. Responsible parties must ensure that every portable container is managed in accordance with the following requirements, whenever such container holds a hazardous substance and is not currently in use, and whenever such container holds a hazardous substance during an extreme weather watch.
Measures that must be implemented to prevent spillage include:
(1) To the extent possible, every portable container must be water tight, and must be tightly sealed. If storage in water tight containers is not possible, hazardous substances must be stored using double containment drums or "over packs".
(2) Portable containers holding incompatible substances must not be stored in in close proximity to one another, such that they would likely come in contact with one another in case of a spill.
(3) Facilities where loss of power would increase the likelihood of a hazardous substance spillage must have manual means to safely transfer substances to secure containment vessels.
(4) Every portable container must be stored on drum spill containment pallets or equivalent structures to prevent contact with wet floors.
(c) Facilities in the Special Flood Hazard Area. Portable containers storing hazardous substances may not be used during extreme weather watches. The following additional measures must be implemented at facilities located in Special Flood Hazard Areas to secure portable containers storing hazardous substances during extreme weather watches:
(1) Every portable container must be stored on a shelf or in a cabinet, such as a flammable or chemical storage cabinet, that is:
(i) Located in a facility area that is least susceptible to flooding, including, when possible, areas at higher elevations, in protected areas, or above the ground floor;
(ii) Securely anchored to ensure they do not tip or move if they encounter wave action, flooding, or high winds; and
(iii) Elevated to, at a minimum, three feet above the base flood elevation.
(2) If elevation to a minimum of three feet above the base flood elevation is not possible, a portable container must be stored on drum spill containment pallets or equivalent structures that are securely anchored to ensure they do not tip or move if they encounter wave action, flooding, or high winds.
(3) To the extent possible, every portable container must be stored indoors to avoid exposure to any anticipated rainfall and flooding conditions. If indoor storage is not possible, responsible parties must implement measures to cover, securely anchor or otherwise restrain, elevate, and prevent exposure of the container to water. Such measures must also be sufficient to protect the container from high wind exposure.
(4) Sufficient aisle space must be available to allow for quick access and movement of substances from one facility area to another area that is less susceptible to flooding.
(5) During an extreme weather watch, responsible parties must not permit the delivery of any new hazardous substances until after the extreme weather watch concludes. Scheduled deliveries of hazardous substances must be postponed until after an extreme weather watch concludes.
(6) Operations using hazardous substances must be suspended and all hazardous substances must be returned to watertight containers and storage, as described in subsections (i) through (iv) above no less than 6 hours prior to an anticipated extreme weather event in accordance with the extreme weather watch alerts from NWS and/or DEP.
(d) Enforcement.
(1) The Department may perform inspections of facilities to determine if the storage of hazardous substances is in compliance with the requirements set forth in this section.
(2) Failure to comply with the requirements of this section may be deemed a violation of this section subject to the issuance of a notice of violation returnable to the Office of Administrative Trials and Hearings pursuant to Section 1049-a of the Charter. Any such notice of violation shall be accompanied by an order of the Commissioner directing the responsible party, within thirty days from the date of the order, to correct the condition constituting the violation and to file with the Department a certification that the condition has been corrected.
(Added City Record 10/2/2018, eff. 11/1/2018)
(a) Any person who knowingly or recklessly makes any false statement, representation, or certification on a facility inventory form, risk management plan or any other document filed with the Department pursuant to this Rule shall, upon conviction, be subject to a fine of not more than one thousand dollars, or imprisonment of up to one year, or both.
(b) Any person who fails to file a facility inventory form or risk management plan or who fails to amend a risk management plan, which has been submitted to the Department within the time prescribed by the Commissioner, or who violated the requirements of § 24-711 of the New York City Administrative Code shall be liable for a civil penalty as follows:
(1) for a first violation, in an amount of not less than two hundred fifty nor more than two thousand five hundred dollars
(2) for a second violation, in an amount of not less than one thousand seven hundred fifty nor more than five thousand dollars
(3) for each subsequent violation, in an amount of not less than three thousand seven hundred fifty nor more than ten thousand dollars.
(4) for the purposes of this section, the second and any subsequent violation shall only be issued after notice of the first violation has been properly served and an opportunity to cure, not to exceed thirty days, has been provided.
(Renumbered City Record 10/2/2018, eff. 11/1/2018)
Appendix A:
New York City Right-to-Know Facility Inventory Form, Tier Two
New York City Right-to-Know Facility Inventory Form, Tier Two
(Amended City Record 2/6/2019, eff. 3/8/2019)
Appendix B:
Emergency Response Plan
Emergency Response Plan
Please use the following symbols, if applicable, on all general site facility floor and area maps. If it becomes necessary to use any other symbols on any of the maps you submit, be certain to include a legend (with a definition of the meaning of the symbol) on the appropriate map, or on your site map's cover page. Please include the product name, quantity and appropriate hazard class identification diamond for each storage tank.
