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What is NYC FC § 5706.4.13.3?

Quick Answer

This section allows the commissioner to approve the use of an oil spill clean-up service as a backup mitigation measure, reducing required material quantities under certain conditions. It mandates a sworn affidavit from the responsible officer and notification to the department regarding service cancellation. Applies to operators of bulk plants and terminals.

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

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5706.4.13.3 Use of clean-up service.

FC § 5706.4.13.3

The commissioner may approve the utilization of an oil spill clean-up service as a "back-up" spill mitigation measure, authorizing the material quantities to be reduced by 2/3 of those specified in FC Table 5706.4.13.1, but to a quantity not less than 3,000 gallons (11 356 L) of absorbent material and 300 feet (91 440 mm) of boom, and subject to the following conditions: 1. A responsible officer of the bulk plant and terminal or pipeline operation shall submit a sworn affidavit identifying the oil spill clean-up service with which it has contracted to perform such services, averring that such oil spill clean-up service meets the standards set forth in FC 5706.4.13.4 and setting forth the nature of the services to be rendered.

2.The department shall be notified, in writing, within 10 business days of the date when the utilization of the clean-up service is cancelled or the service goes out of business.

3.Such approval may be rescinded by the commissioner for good cause for failure of the spill clean-up service to timely respond to an oil spill, to have adequate equipment, materials or personnel, or to obey or cooperate with the department representatives in charge of the scene of the oil spill.

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