192 – Enforcement of Article; Penalties.
§ 192. Enforcement of article; penalties. Any person who knowingly gives or causes to be given any false information as a part of, or in response to, any claim made pursuant to this article for cleanup and removal costs, direct or indirect damages resulting from a discharge, or who otherwise violates any of the provisions […]
193 – Availability of Additional Remedies.
§ 193. Availability of additional remedies. Nothing in this article shall be deemed to preclude the pursuit of any other civil or injunctive remedy by any person. The remedies provided in this article are in addition to those provided by existing statutory or common law, but no person who receives compensation for damages or cleanup […]
194 – Severability.
§ 194. Severability. If any section, subdivision, provision, clause or portion of this article is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected thereby.
195 – Construction.
§ 195. Construction. This article, being necessary for the general health, safety, and welfare of the people of this state, shall be liberally construed to effect its purposes.
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.
182 – Claims Against the 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.
§ 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 […]
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) […]