183 – Settlements.
§ 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.
§ 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 […]
179 – New York Environmental Protection and Spill Compensation Fund.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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 […]