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What is NYC FC § 5704.2.10?

Quick Answer

This section mandates that areas surrounding tanks must have drainage control or diking to prevent accidental liquid discharge that could endanger adjacent tanks, property, or waterways. Compliance with New York State Department of Environmental Conservation regulations is required. Applies to property operators managing liquid storage tanks.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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5704.2.10 Drainage and diking.

FC § 5704.2.10

The area surrounding a tank or group of tanks shall be provided with drainage control or shall be diked to prevent accidental discharge of liquid from endangering adjacent tanks, adjoining property or reaching waterways. The area shall be in compliance with the requirements of the New York State Department of Environmental Conservation regulations, as set forth in 6 NYCRR Part 613. Exceptions: 1. For tanks having a capacity of less than 10,000 gallons (37 850 L), the commissioner may modify these requirements based on an approved technical report which demonstrates that such tank or group of tanks does not constitute a hazard to other tanks, waterways or adjoining property, after consideration of special features such as topographical conditions, nature of occupancy and proximity to buildings or structures on the same or adjacent property, capacity, and construction of proposed tanks and character of liquids to be stored, and nature and quantity of private and public fire protection provided.

2.Drainage control and diking is not required for listed secondary containment tanks.

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