Sec. 598.2. Preemption and approval of local laws or ordinances

(a) Preemption.

Except where the department has approved a local law or ordinance as provided below, any local law or ordinance which is inconsistent with any provision of this Part or of Part 596, 597 or 599 of this Title is preempted.

(b) Approval of local laws or ordinances.

(1) The department may approve a local law or ordinance for a city with a population over one million or a county, when such city or county law or ordinance provides environmental protection equal to or greater than provisions of the Environmental Conservation Law, article 40, and the requirements of this Part and Parts 596, 597 and 599 of this Title.

(2) The city or county through its chief executive officer must seek approval from the department in writing. The request must:

(i) include a copy of the local law or ordinance;

(ii) explain differences and inconsistencies between the local law and provisions of this Part, and Parts 595, 596, 597 and 599 of this Title;

(iii) identify proposed enforcement procedures, penalties and resources available to implement the local law or ordinance;

(iv) identify local fees which would be levied;

(v) contain a declaration of intent to administer and enforce the local law or ordinance; and

(vi) contain a statement from the city or county attorney that the city or county has adequate legal authority to carry out the proposed local program. This statement should identify any sources of statutory authority other than the local bulk storage law relied upon.

(3) The department will review all requests and supporting documents and will prepare written findings and terms of approval, conditional approval, or disapproval.

(c) Rescission of approved local laws or ordinances.

If the department determines that an approved city or county law or ordinance is not being properly administered or enforced, it will advise the chief executive officer of the county or city of its determination in writing. If appropriate actions are not taken to effectively administer and enforce the local law or ordinance in accordance with the department's determination, the department reserves the right to rescind approval and administer and enforce the program as part of the department's overall responsibility under this Part, and Parts 596, 597 and 599 of this Title.