HomeMy WebLinkAbout20220202 31-33 Marion Area Variance Petroleum Compliance
November 9, 2021
Honorable Meg Kelly, Mayor
City of Saratoga Springs
474 Broadway
Saratoga Springs, New York 12866
Mayor Kelly and Members of the Saratoga Springs City Council,
While I have not attended any of the previous meetings between Stewart’s and the City of Saratoga
Springs regarding the redevelopment of our store, I have been made aware of some of the questions and
concerns. This letter seeks to provide the regulatory references for some of these elements and is offered
as a supplement to the Petroleum Storage Equipment – Design, Installation & Maintenance (attached).
As a point of reference, I am the Class A Operator for the entire Stewart’s Shops Petroleum Bulk Storage
program and a Licensed Geologist in the State of New York.
It is our understanding that the City of Saratoga Springs does not have special zoning or building code
requirements for petroleum bulk storage outside the New York State Department of Environmental
Conservation regulation of Petroleum Bulk Storage (PBS) through 6 NYCRR Part 613, many of the
references are below are subparts to this section. Further, it is our understanding that the Loughberry
Lake Critical Environmental Area was established after historic petroleum use at this location and neither
section NYCRR 617.14 nor 617.7 preclude this activity.
Operator Training:
613-2.5 (a) General requirements for all UST systems. Not later than October 11, 2016, every facility
must ensure that it has designated Class A, Class B, and Class C Operators who meet the requirements of
this section.
(b) Designation of operators. Every facility must designate:
(1) one Class A and one Class B Operator for each UST system or group of UST systems (the same
individual may be designated as both); and
(2) one or more Class C Operators for each UST system or group of UST systems.
Stewart’s Position: all shop level partners are trained to the Class C Operator level while only one
required per store. Employees are trained to stop, contain, clean, and report all surface spills to a
Corporate Spill Responder and involve emergency responders as needed.
Tanks Located in Areas Prone to Flooding:
613-2.2(e): Tank systems in locations subject to flooding. For Category 1 and 2 UST systems located in
an area where the UST may become buoyant because of a rise in the water table, flooding, or
accumulation of water,
Where, 613-1.3 Definitions:
(e) Category 1 tank system means any tank system whose tank was installed before December 27, 1986.
(f) Category 2 tank system means any tank system whose tank was installed from December 27, 1986
through October 11, 2015.
(g) Category 3 tank system means any tank system whose tank was installed after October 11, 2015.
Stewart’s Position: Because of their installation date, Stewart’s tanks would be “Category 3” and exempt
from this regulation.
Petroleum Bulk Storage Near Sensitive Receptor (Loughberry Lake)
613-4.1(b)(1)(v)(b): applies only to above ground storage, Stewart’s tanks are proposed to be
underground.
The concluding sentence in the Petroleum Storage Equipment – Design, Installation & Maintenance
states “We simply cannot overstate our commitment to operate safe, compliant, well-maintained
underground storage tank systems for the protection of our neighborhoods and local environment” and
this can be exemplified by our record of handling 640,000,000 gallons of gasoline with only reportable
spill incidents of 68 gallons or 0.00001%.
Should you have any questions, please don’t hesitate to reach me at (518) 581-1201 ext. 4259.
Respectfully submitted,
Timothy Johncox, P.G., Manager
Environmental Compliance and Remediation
Stewart’s Shops Corp.