N.Y. ENV Law § 17-1005

§ 17-1005. Leak detection.\n 1. a. The department shall promulgate rules and regulations to provide\nfor the early detection of leaks or potential leaks by owners and\noperators.\n b. Such rules and regulations shall provide for daily measurements and\ninventory records for petroleum in each facility using a gauge, gauge\nstick or automatic gauging system as well as product receipt and\ndisbursement records. The department may exempt facilities which are not\nengaged in the resale of petroleum from the requirements of this\nparagraph.\n 2. a. The department shall establish minimum standards and schedules\nfor testing and inspection of those portions of facilities which are\nover ten years old. Such schedules shall be based on such factors as\ninventory methods and electronic monitoring systems; facility age,\ncondition and construction type; soil conditions, location of facility\nrelative to water supplies and other environmental factors.\n b. The department shall establish, by rule and regulation, criteria\nwhereby facilities are properly closed and thereby released from testing\nand inspection requirements. The department may require the owner to\nprovide financial assurances to ensure that the facility is properly\nclosed. Any decision by the department with respect to requiring such\nfinancial assurances and the methods or instruments which are to be used\nshall be accompanied by a finding regarding the public interest and\nshall set forth the reasons therefor.\n