§ 41-14 Siting and Storage of Portable Containers.
RCNY § 41-14
(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.
(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.
(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.
