§ 173. Discharge of petroleum; prohibition. 1. The discharge of petroleum is prohibited. 2. On or after January first, nineteen hundred ninety-four, all new vessels sold in New York that are equipped with fuel tank air vents shall have such fuel tank air vents designed to prevent fuel overflow during refueling. The provisions of this […]
§ 174. Licenses. 1. No person shall operate or cause to be operated a major facility as defined in this article without (a) a license issued by the commissioner, (b) without paying a license fee if such fee is required by the administrator, pursuant to the provisions of paragraph (a) of subdivision four of this […]
§ 174-a. Use of containment booms. 1. The commissioner, after consultation with appropriate federal, state and local governments and agencies, may promulgate regulations requiring the use of containment booms or prestaging of response equipment around or at major facilities and vessels involved in the transfer of petroleum. The commissioner may consult with interested groups and […]
§ 174-b. Use of agents. 1. The commissioner may promulgate regulations governing the use of dispersants, burning agents, biological additives, surface collecting agents or other chemical additives in the cleanup and removal of a petroleum discharge. 2. The commissioner shall pursue an official memorandum of understanding with the United States Coast Guard regarding the planned […]
§ 175. Notification by persons responsible for discharge. Any person responsible for causing a discharge shall immediately notify the department pursuant to rules and regulations established by the department, but in no case later than two hours after the discharge. Failure to so notify shall make persons liable to the penalty provisions of section 192 […]
§ 176. Removal of prohibited discharges. 1. Any person discharging petroleum in the manner prohibited by section one hundred seventy-three of this article shall immediately undertake to contain such discharge. Notwithstanding the above requirement, the department may undertake the removal of such discharge and may retain agents and contractors who shall operate under the direction […]
§ 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, […]
§ 177-a. Emergency oil spill relocation network. 1. 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. 2. Such network shall be employed to provide an immediate response to a discharge in any […]
§ 177-b. Habitat protection plan. The commissioner may require every major facility which engages in the transfer of petroleum to file with the department a habitat protection plan as a condition of issuance of a license pursuant to section one hundred seventy-four of this article. Such plan shall provide protection from the potential adverse impact […]
§ 178. Right to enter and inspect. The department is hereby authorized to enter and inspect any property or premises for the purpose of inspecting facilities and investigating either actual or suspected sources of discharges or violation of this article or any rule or regulation promulgated pursuant to this article. The department is further authorized […]
§ 178-a. Responder immunity. 1. Definitions. For the purposes of this section only, the following terms shall have the following meanings: (a) “response efforts” means rendering care, assistance, or advice in accordance with the national contingency plan, the state oil spill contingency plan, or at the direction of the federal on-scene coordinator or the commissioner […]
