New York Laws
Title 10 - Control of the Bulk Storage of Petroleum
17-1007 - Corrective Actions.

(i) The department shall attach a tag to the tank or tanks to identify
those tanks to which delivery is prohibited and provide a written notice
to the owner and operator specifying the reasons for the prohibition of
delivery. The department may consider not prohibiting deliveries of
petroleum for up to one hundred eighty days after a determination is
made that the facility or tank meets the conditions in this subdivision
if such prohibition would jeopardize the availability of, or access to,
fuel in any rural and remote areas unless the department has determined
that the condition at the facility endangers public health, safety or
the environment.
(ii) As promptly as possible thereafter, not to exceed fifteen days,
the commissioner shall provide the owner or operator an opportunity to
be heard and to present proof that such condition or activity does not
violate the provisions of this section or of the rules or regulations
adopted pursuant to this title. The commissioner shall adopt rules and
regulations describing the procedure to be followed in the prohibition
of petroleum deliveries. In adopting such rules and regulations the

department shall allow for the owner or operator at any time to submit
information to the department to demonstrate that the owner or operator
is in compliance with the requirements or has corrected the violation
that prompted the department to prohibit deliveries of petroleum and to
allow the tank or tanks to be, as promptly as possible, brought back
into operation, not to exceed two business days from the department's
determination that a tank is in compliance. The department shall use its
best efforts to timely determine compliance. The commissioner shall
draft such rules and regulations and submit them to the state petroleum
bulk storage advisory council for comments within six months of the
effective date of this subparagraph.
(iii) Unless otherwise authorized by the department, no person shall
tamper with or remove, or cause the tampering with or removal of, a tag
attached to any tank under the provisions of this subdivision.
(iv) No person shall deliver, cause the delivery of, deposit, or
accept petroleum to any tank or tanks to which a tag is affixed pursuant
to this subdivision.