§ 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 to carry out the purposes of this article. 2. Two separate accounts are hereby established within the fund established by […]
§ 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 environmental protection and spill remediation account. The New York environmental protection and spill remediation account shall consist of license fees received by the state pursuant to section one hundred […]
§ 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 the following powers and duties: 1. To represent the state in meetings with the alleged discharger and claimants concerning liability for the discharge and […]
§ 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 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 […]
§ 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 payment of claims for direct and indirect damages as a result of a discharge upon such real property located within the state: (a) owned by a […]
§ 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 the record owner of the real property on which the environmental lien has attached; 3. The real property subject to the lien, with a […]
§ 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 removal costs and damage costs incurred by the fund in the clerk’s office of the county where the property […]
§ 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. 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.
§ 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 the date of the incident which caused the damage. The administrator shall prescribe appropriate forms and procedures for such claims, which shall include a […]
§ 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 discharge can be determined and liability is conceded, the claimant and the alleged discharger may agree to a settlement which shall be final and binding upon 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 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. 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. 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. 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. 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. 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 […]
§ 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. 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.
