Bill Text: NY S05011 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to responsible parties for petroleum contaminated sites and incentives to parties who are willing to remediate such sites; provides that a discharger may present evidence as to third party responsibility for petroleum discharge; provides for apportionment of liability; provides that parties willing to remediate such discharge shall be entitled to liability limitation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-10 - RECOMMIT, ENACTING CLAUSE STRICKEN [S05011 Detail]
Download: New_York-2011-S05011-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5011
2011-2012 Regular Sessions
I N S E N A T E
May 2, 2011
___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the navigation law, in relation to responsible parties
for petroleum contaminated sites and incentives to parties who are
willing to remediate petroleum contaminated sites
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) of subdivision 2 of section 176 of the navi-
2 gation law, as amended by chapter 584 of the laws of 1992, is amended to
3 read as follows:
4 (a) Upon the occurrence of a discharge of petroleum, the department
5 shall respond promptly and proceed to cleanup and remove the discharge
6 in accordance with environmental priorities or may, at its discretion,
7 direct the discharger to promptly cleanup and remove the discharge. IF
8 A PERSON THE DEPARTMENT DEEMS A DISCHARGER, AND THUS DIRECTS TO CLEANUP
9 AND REMOVE THE DISCHARGE PURSUANT TO THIS SECTION PRESENTS THE DEPART-
10 MENT WITH EVIDENCE THAT A THIRD PARTY IS SOLELY RESPONSIBLE FOR THE
11 DISCHARGE AND REQUESTS THE DEPARTMENT TO DETERMINE WHETHER THE EVIDENCE
12 ESTABLISHES THE THIRD PARTY IS IN FACT SOLELY RESPONSIBLE, THE DEPART-
13 MENT SHALL, WITHIN THIRTY DAYS OF RECEIPT OF SUCH REQUEST, DETERMINE IN
14 WRITING EITHER THAT THE THIRD PARTY: (I) SHALL BE DEEMED A DISCHARGER BY
15 THE DEPARTMENT, AND SHALL BE DIRECTED TO UNDERTAKE THE CLEANUP AND
16 REMOVAL OF THE DISCHARGE; OR (II) WILL NOT BE DEEMED A DISCHARGER BY THE
17 DEPARTMENT BECAUSE THE INFORMATION PRESENTED DOES NOT ESTABLISH THE
18 RESPONSIBILITY OF THE THIRD PARTY BY A PREPONDERANCE OF THE EVIDENCE.
19 The department shall be responsible for cleanup and removal or as the
20 case may be, for retaining agents and contractors who shall operate
21 under the direction of that department for such purposes. Implementation
22 of cleanup and removal procedures after each discharge shall be
23 conducted in accordance with environmental priorities and procedures
24 established by the department.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11209-01-1
S. 5011 2
1 S 2. Subdivisions 1 and 2 of section 180 of the navigation law, subdi-
2 vision 1 as added by chapter 845 of the laws of 1977 and subdivision 2
3 as amended by chapter 672 of the laws of 1991, are amended to read as
4 follows:
5 1. To represent the state in meetings with the alleged discharger OR
6 DISCHARGERS and claimants concerning liability for the discharge and
7 amount of the claims, AND, IF THERE IS MORE THAN ONE DISCHARGER IN A
8 MEETING, TO APPORTION LIABILITY FOR THE DISCHARGE;
9 2. To determine if hearings are needed to settle particular claims
10 filed by injured persons AND TO APPORTION LIABILITY BETWEEN AND AMONG
11 DISCHARGERS;
12 S 3. Subdivision 1 of section 181 of the navigation law, as amended by
13 chapter 712 of the laws of 1989, is amended to read as follows:
14 1. Any person who has discharged petroleum shall be strictly liable,
15 without regard to fault, for all cleanup and removal costs and all
16 direct and indirect damages, no matter by whom sustained, as defined in
17 this section. In addition to cleanup and removal costs and damages, any
18 such person who is notified of such release and who did not undertake
19 relocation of persons residing in the area of the discharge in accord-
20 ance with paragraph (c) of subdivision seven of section one hundred
21 seventy-six of this article, shall be liable to the fund for an amount
22 equal to two times the actual and necessary expense incurred by the fund
23 for such relocation pursuant to section one hundred seventy-seven-a of
24 this article. HOWEVER, ANY PERSON WHO AGREES TO REMEDIATE THE DISCHARGE
25 TO THE SATISFACTION OF THE DEPARTMENT, AND IN CONFORMANCE WITH ARTICLE
26 TWELVE OF THE NAVIGATION LAW, SHALL BE ENTITLED TO RECEIVE THE LIABILITY
27 LIMITATION AFFORDED TO PARTIES IN THE BROWNFIELD CLEANUP PROGRAM PURSU-
28 ANT TO SECTION 27-1421 OF THE ENVIRONMENTAL CONSERVATION LAW.
29 S 4. Section 183 of the navigation law, as added by chapter 845 of the
30 laws of 1977, is amended to read as follows:
31 S 183. Settlements. The administrator shall attempt to promote and
32 arrange a settlement between the claimant and the person OR PERSONS
33 responsible for the discharge. If the source of the discharge can be
34 determined and liability is conceded, the claimant and the alleged
35 discharger OR DISCHARGERS may agree to a settlement which shall be final
36 and binding upon the parties and which will waive all recourse against
37 the fund. TO THE EXTENT AN ALLEGED DISCHARGER PRESENTS EVIDENCE TO THE
38 ADMINISTRATOR THAT ANOTHER PARTY IS WHOLLY OR PARTIALLY RESPONSIBLE FOR
39 THE CLAIM, AND REQUESTS THE ADMINISTRATOR TO CONSIDER WHETHER SUCH
40 INFORMATION PRESENTED ESTABLISHES BY A PREPONDERANCE OF THE EVIDENCE
41 THAT THE THIRD PARTY IS IN FACT WHOLLY OR PARTIALLY RESPONSIBLE, THE
42 ADMINISTRATOR WITHIN THIRTY DAYS OF RECEIPT OF SUCH REQUEST SHALL EITHER
43 DETERMINE: (1) IN WRITING, IF THE THIRD PARTY SHALL BE DEEMED AN ADDI-
44 TIONAL DISCHARGER TO ANY PENDING OR ANTICIPATED CLAIM OR (2) IF AN
45 ADMINISTRATIVE HEARING AS TO LIABILITY IS NECESSARY.
46 S 5. This act shall take effect immediately.
