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.
191 – Joint Rules and Regulations.
§ 191. Joint rules and regulations. The commissioner and the state comptroller are authorized to adopt, amend, repeal, and enforce such rules and regulations pursuant to the state administrative procedure act, as they may deem necessary to accomplish the purposes of this article.
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 […]
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.
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 […]