NYS Navigation Law - 1989 Amendments Related to Emergency Oil Spill Relocation Network
Unless the context clearly indicates otherwise, the following terms shall have the following meanings:
5. "Cleanup and removal costs" means all costs associated with the cleanup and removal of a discharge including relocation costs pursuant to section one hundred seventy-seven-a of this article incurred by the state or its political subdivisions or their agents or any person with approval of the department;
§176. Removal of prohibited discharges
Subdivision 7(c). A person may, without admission of responsibility for the discharge of petroleum and with the consent of the commissioner, commence clean up and removal of the discharge and upon the recommendation of the commissioner of health and with the consent of the fund undertake the relocation of persons affected by the discharge of petroleum. Upon determination by the fund that the person is not responsible for the discharge, the person shall be reimbursed by the fund for the actual and necessary expenses incurred.
Subdivision 8. Notwithstanding any other provision of law to the contrary, including but not limited to section 15-108 of the general obligations law, every person providing cleanup, removal of discharge of petroleum or relocation of persons pursuant to this section shall be entitled to contribution from any other responsible party.
§177-a. Emergency oil spill relocation network
- The commissioner shall establish an emergency oil spill relocation network which shall be headed by the commissioner of health and comprised of the appropriate services from county and state health departments.
- Such network shall be employed to provide an immediate response to a discharge in any area of the state where the public health may be at risk. Further, such network shall be employed in conjunction with the cleanup operations of the owner or operator, the department or any federal agency.
- The commissioner of health shall be first notified whenever an application is made for emergency oil spill relocation.
- The commissioner of health shall have the power to deploy such resources at his discretion to the state and local health departments to make an assessment of the possible health risks to persons residing in the area of the spill site.
- The commissioner of health shall determine the actual and necessary costs of the relocation of individuals who, in his opinion, are exposed to health risks as a result of the discharge and certify the amount of such costs to the administrator. The certification by the commissioner of health shall be for a period of relocation not exceeding thirty days, provided that the commissioner upon a further assessment of the possible health risks in the area of the spill site may extend such relocation for successive thirty day periods. The certification by the commissioner of health shall not be admissible in any civil action in a court of law in regard to the issue of damages to the individuals certified for relocation pursuant to this section.
- Notwithstanding any provision of law to the contrary the certification of individuals for relocation and its associated costs shall be an issue restricted to consideration as cleanup cost and shall not be a determination of liability, nor shall it be admissible in any civil action in a court of law in regard to the issue of damages to the individuals certified for relocation pursuant to this section.
- The commissioner of health may request and shall receive from the department and any other state agency such assistance and data as will enable him to carry out his responsibilities pursuant to this section.
- Any person who has discharged petroleum shall be strictly liable, without regard to fault, for all cleanup and removal costs and all direct and indirect damages, no matter by whom sustained, as defined in this section. In addition to cleanup and removal costs and damages, any such person who is notified of such release and who did not undertake relocation of persons residing in the area of the discharge in accordance with paragraph (c) of subdivision seven of section one hundred seventy-six of this article, shall be liable to the fund for an amount equal to two times the actual and necessary expense incurred by the fund for such relocation pursuant to section one hundred seventy-seven-a of this article.