New York Navigation Law Part 3 - New York Environmental Protection and Spill Compensation Fund; Liability; Third Party Compensation

• 179 - New York Environmental Protection and Spill Compensation Fund.
  1. The New York environmental protection and spill compensation fund is hereby established as a nonlapsing, revolving fund in the department of audit and control...
• 179-a - New York Environmental Protection and Spill Remediation Account.
  179-a. New York environmental protection and spill remediation account. 1. There is hereby created an account within the miscellaneous capital projects fund, the New York...
• 180 - Administrator of the Fund.
  The state comptroller shall appoint and supervise an administrator of the fund. The administrator shall be the chief executive of the fund and shall have...
• 181 - Liability.
  1. Any person who has discharged petroleum shall be strictly liable, without regard to fault, for all cleanup and removal costs and all direct and...
• 181-a - Environmental Lien.
  1. The fund shall have a lien for the costs incurred by the fund for the cleanup and removal of a discharge and for the...
• 181-b - Environmental Lien Notice; Contents.
  A notice of environmental lien must state: 1. That the lienor is the New York environmental protection and spill compensation fund; 2. The name of...
• 181-c - Filing of Notice of Environmental Lien; Filing of Release.
  1. A notice of environmental lien shall be filed within six years from the time a disbursement is made by the fund for cleanup and...
• 181-d - Enforcement of Environmental Lien.
  An environmental lien may be enforced against the property specified in the notice of environmental lien, and an environmental lien may be vacated or discharged,...
• 181-e - Amounts Received to Satisfy Lien.
  Amounts received by the administrator to satisfy all or part of an environmental lien shall be deposited in the state treasury and credited to the...
• 182 - Claims Against the Fund.
  Claims shall be filed with the administrator not later than three years after the date of discovery of damage nor later than ten years after...
• 183 - Settlements.
  The administrator shall attempt to promote and arrange a settlement between the claimant and the person responsible for the discharge. If the source of the...
• 184 - Settlements When Source of Discharge is Unknown.
  If the source of the discharge is unknown or cannot be determined, the claimant and the administrator shall attempt to arrange a settlement of any...
• 185 - Hearings for Persons on Claims Filed With the Administrator.
  1. The administrator shall grant a hearing when persons alleged to be responsible for the discharge contest the validity or amount of damage claims or...
• 186 - Disbursement of Moneys From the Fund.
  1. (a) Moneys in the account established by paragraph (a) of subdivision two of section one hundred seventy-nine of this part shall be disbursed by...
• 187 - Reimbursements of Moneys to Fund.
  The administrator shall recover to the fund moneys disbursed for the following purposes: 1. Costs incurred by the fund in the cleanup and removal of...
• 188 - Subrogation of Rights.
  Payment of any cleanup costs or damages by the fund arising from a single incident shall be conditioned upon the administrator acquiring by subrogation all...
• 189 - Awards Exceeding Current Balance.
  In the event that the total awards for a specific occurrence exceed the current balance of the fund, the immediate award shall be paid on...
• 190 - Claims Against Insurers.
  Any claims for costs of cleanup and removal, civil penalties or damages by the state and any claim for damages by any injured person, may...
• 190-a - Application of Article.
  For purposes of cleanup and removal of any public or private ground water supply system contaminated by a discharge occurring either before or after the...

Last modified: February 3, 2019