US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§ 177. Emergency  oil spill control network. 1. The commissioner shall
establish  an  emergency  oil  spill  control  network  which  shall  be
comprised of available equipment from appropriate town, county and state
highway  departments.    Such  network  shall  be employed to provide an
immediate response to a discharge on any of the  waters  of  the  state.
Furthermore,  such  network  shall  be  employed in conjunction with the
cleanup operations of the owner or  operator,  the  department  and  any
federal agency.
  2.  The commissioner shall make an inventory of all equipment in town,
county,  and  state  highway  departments  that  would  be  capable   of
participating in discharge cleanup operations.
  3.  The  commissioner shall have the power to deploy such equipment to
participate in a discharge cleanup operation at his  discretion  and  to
reimburse  such  town,  county, and state highway departments for use of
such equipment from the fund.
  4. The commissioner may request and shall receive from any other state
agency such assistance and data as will enable  him  to  carry  out  his
responsibilities pursuant to this section.
  5.  (a)  The commissioner shall issue a catalogue designed to expedite
responses to discharges of petroleum.

(b) The catalogue shall contain the following information, broken down by geographical area:

(i) a listing of state stand-by contractors, their equipment and spill response capabilities;

(ii) a listing of state-owned equipment which could be used in the event of a major discharge of petroleum;

(iii) a listing of companies and organizations that have spill response equipment available for sale, lease or loan; and

(iv) a listing of organizations which are involved in the cleanup and rehabilitation of birds and wildlife.

(c) The catalogue shall be updated as deemed appropriate by the commissioner.

(d) The commissioner shall notify the chief executive officer of all counties which border on any navigable waters of the state or on the marine and coastal district, as defined in section 13-0303 of the environmental conservation law, of the availability of the catalogue. This catalogue shall be distributed upon request at a maximum fee of twenty-five cents per page. Any such fee shall be deposited into the New York environmental protection and spill compensation fund established pursuant to section one hundred seventy-nine of this article. 6. The commissioner may institute a program to educate local officials on procedures to follow in reporting and responding to spill emergencies.