190 – Claims Against Insurers.
§ 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 be brought directly against the bond, the insurer, or any other person providing evidence of financial responsibility.
190-A – Application of Article.
§ 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 effective date of article twelve of this chapter, all relevant provisions of article twelve of this chapter shall apply.
184 – Settlements When Source of Discharge Is Unknown.
§ 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 claim against the fund. The administrator is authorized to enter and certify payment of such settlement subject to such proof and […]
185 – Hearings for Persons on Claims Filed With the Administrator.
§ 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 claims for cleanup and removal costs presented by injured persons to the fund for payment or when injured persons […]
186 – Disbursement of Moneys From the Fund.
§ 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 the administrator, upon certification by the commissioner, for the purpose of costs incurred under section one hundred seventy-six of this article. (i) […]
187 – Reimbursements of Moneys to Fund.
§ 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 a discharge when the person responsible for causing a discharge has failed to promptly clean up and remove the discharge to the satisfaction […]
188 – Subrogation of Rights.
§ 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 rights of the claimant to recovery of such costs or damages from the discharger or other responsible party. The administrator shall then seek satisfaction from […]
189 – Awards Exceeding Current Balance.
§ 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 a prorated basis, and all claimants paid on a prorated basis shall be paid as determined by the administrator, a pro rata share of […]
181-D – Enforcement of Environmental Lien.
§ 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, as prescribed in article three of the lien law; provided, however, that nothing in this article or in article three of the lien law […]
181-E – Amounts Received to Satisfy Lien.
§ 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 environmental protection and spill compensation fund.