Title NAV, Navigation

§ 173. Discharge of petroleum; prohibition. 1. The discharge of\npetroleum is prohibited.\n 2. On or after January first, nineteen hundred ninety-four, all new\nvessels sold in New York that are equipped with fuel tank air vents\nshall have such fuel tank air vents designed to p…

§ 174. Licenses. 1. No person shall operate or cause to be operated a\nmajor facility as defined in this article without (a) a license issued\nby the commissioner, (b) without paying a license fee if such fee is\nrequired by the administrator, pursuant to the provisions of parag…

§ 174-a. Use of containment booms. 1. The commissioner, after\nconsultation with appropriate federal, state and local governments and\nagencies, may promulgate regulations requiring the use of containment\nbooms or prestaging of response equipment around or at major facilities\n…

§ 174-b. Use of agents. 1. The commissioner may promulgate regulations\ngoverning the use of dispersants, burning agents, biological additives,\nsurface collecting agents or other chemical additives in the cleanup and\nremoval of a petroleum discharge.\n 2. The commissioner shal…

§ 175. Notification by persons responsible for discharge. Any person\nresponsible for causing a discharge shall immediately notify the\ndepartment pursuant to rules and regulations established by the\ndepartment, but in no case later than two hours after the discharge.\nFailure …

§ 176. Removal of prohibited discharges. 1. Any person discharging\npetroleum in the manner prohibited by section one hundred seventy-three\nof this article shall immediately undertake to contain such discharge.\nNotwithstanding the above requirement, the department may undertak…

§ 177. Emergency oil spill control network. 1. The commissioner shall\nestablish an emergency oil spill control network which shall be\ncomprised of available equipment from appropriate town, county and state\nhighway departments. Such network shall be employed to provide an\nim…

§ 177-a. Emergency oil spill relocation network. 1. The commissioner\nshall establish an emergency oil spill relocation network which shall be\nheaded by the commissioner of health and comprised of the appropriate\nservices from county and state health departments.\n 2. Such net…

§ 177-b. Habitat protection plan. The commissioner may require every\nmajor facility which engages in the transfer of petroleum to file with\nthe department a habitat protection plan as a condition of issuance of a\nlicense pursuant to section one hundred seventy-four of this ar…

§ 178. Right to enter and inspect. The department is hereby authorized\nto enter and inspect any property or premises for the purpose of\ninspecting facilities and investigating either actual or suspected\nsources of discharges or violation of this article or any rule or\nregula…

§ 178-a. Responder immunity. 1. Definitions. For the purposes of this\nsection only, the following terms shall have the following meanings:\n (a) "response efforts" means rendering care, assistance, or advice in\naccordance with the national contingency plan, the state oil spill…

§ 179. New York environmental protection and spill compensation fund.\n1. The New York environmental protection and spill compensation fund is\nhereby established as a nonlapsing, revolving fund in the department of\naudit and control to carry out the purposes of this article.\n…

§ 179-a. New York environmental protection and spill remediation\naccount. 1. There is hereby created an account within the miscellaneous\ncapital projects fund, the New York environmental protection and spill\nremediation account. The New York environmental protection and spill…

§ 18. Special navigation inspectors. The commissioner may, if in his\njudgment conditions so require, appoint members of local boat clubs, or\nother persons found competent, to act as special navigation inspectors\nduring regattas authorized by him. The power and authority in su…

§ 180. Administrator of the fund. The state comptroller shall appoint\nand supervise an administrator of the fund. The administrator shall be\nthe chief executive of the fund and shall have the following powers and\nduties:\n 1. To represent the state in meetings with the allege…

§ 181. Liability. 1. Any person who has discharged petroleum shall be\nstrictly liable, without regard to fault, for all cleanup and removal\ncosts and all direct and indirect damages, no matter by whom sustained,\nas defined in this section. In addition to cleanup and removal c…

§ 181-a. Environmental lien. 1. The fund shall have a lien for the\ncosts incurred by the fund for the cleanup and removal of a discharge\nand for the payment of claims for direct and indirect damages as a\nresult of a discharge upon such real property located within the state:\…

§ 181-b. Environmental lien notice; contents. A notice of\nenvironmental lien must state:\n 1. That the lienor is the New York environmental protection and spill\ncompensation fund;\n 2. The name of the record owner of the real property on which the\nenvironmental lien has attac…

§ 181-c. Filing of notice of environmental lien; filing of release. 1.\nA notice of environmental lien shall be filed within six years from the\ntime a disbursement is made by the fund for cleanup and removal costs\nand damage costs incurred by the fund in the clerk's office of …

§ 181-d. Enforcement of environmental lien. An environmental lien may\nbe enforced against the property specified in the notice of\nenvironmental lien, and an environmental lien may be vacated or\ndischarged, as prescribed in article three of the lien law; provided,\nhowever, th…

§ 181-e. Amounts received to satisfy lien. Amounts received by the\nadministrator to satisfy all or part of an environmental lien shall be\ndeposited in the state treasury and credited to the environmental\nprotection and spill compensation fund.\n

§ 182. Claims against the fund. Claims shall be filed with the\nadministrator not later than three years after the date of discovery of\ndamage nor later than ten years after the date of the incident which\ncaused the damage. The administrator shall prescribe appropriate forms\n…

§ 183. Settlements. The administrator shall attempt to promote and\narrange a settlement between the claimant and the person responsible for\nthe discharge. If the source of the discharge can be determined and\nliability is conceded, the claimant and the alleged discharger may a…

§ 184. Settlements when source of discharge is unknown. If the source\nof the discharge is unknown or cannot be determined, the claimant and\nthe administrator shall attempt to arrange a settlement of any claim\nagainst the fund. The administrator is authorized to enter and cert…

§ 185. Hearings for persons on claims filed with the administrator. 1.\nThe administrator shall grant a hearing when persons alleged to be\nresponsible for the discharge contest the validity or amount of damage\nclaims or claims for cleanup and removal costs presented by injured…

§ 186. Disbursement of moneys from the fund. 1. (a) Moneys in the\naccount established by paragraph (a) of subdivision two of section one\nhundred seventy-nine of this part shall be disbursed by the\nadministrator, upon certification by the commissioner, for the purpose\nof cost…

§ 187. Reimbursements of moneys to fund. The administrator shall\nrecover to the fund moneys disbursed for the following purposes:\n 1. Costs incurred by the fund in the cleanup and removal of a\ndischarge when the person responsible for causing a discharge has failed\nto prompt…

§ 188. Subrogation of rights. Payment of any cleanup costs or damages\nby the fund arising from a single incident shall be conditioned upon the\nadministrator acquiring by subrogation all rights of the claimant to\nrecovery of such costs or damages from the discharger or other\n…

§ 189. Awards exceeding current balance. In the event that the total\nawards for a specific occurrence exceed the current balance of the fund,\nthe immediate award shall be paid on a prorated basis, and all claimants\npaid on a prorated basis shall be paid as determined by the\n…

§ 19. Uniform navigation summons and complaint. 1. The commissioner\nshall be authorized to prescribe the form of summons and/or complaint in\nall cases involving a violation of any provision of this chapter or of\nany ordinance, rule or regulation relating to navigation, or of …

§ 190. Claims against insurers. Any claims for costs of cleanup and\nremoval, civil penalties or damages by the state and any claim for\ndamages by any injured person, may be brought directly against the bond,\nthe insurer, or any other person providing evidence of financial\nre…

§ 190-a. Application of article. For purposes of cleanup and removal\nof any public or private ground water supply system contaminated by a\ndischarge occurring either before or after the effective date of article\ntwelve of this chapter, all relevant provisions of article twelv…

§ 191. Joint rules and regulations. The commissioner and the state\ncomptroller are authorized to adopt, amend, repeal, and enforce such\nrules and regulations pursuant to the state administrative procedure\nact, as they may deem necessary to accomplish the purposes of this\nart…

§ 192. Enforcement of article; penalties. Any person who knowingly\ngives or causes to be given any false information as a part of, or in\nresponse to, any claim made pursuant to this article for cleanup and\nremoval costs, direct or indirect damages resulting from a discharge, …

§ 193. Availability of additional remedies. Nothing in this article\nshall be deemed to preclude the pursuit of any other civil or injunctive\nremedy by any person. The remedies provided in this article are in\naddition to those provided by existing statutory or common law, but …

§ 194. Severability. If any section, subdivision, provision, clause or\nportion of this article is adjudged unconstitutional or invalid by a\ncourt of competent jurisdiction, the remainder of this article shall not\nbe affected thereby.\n

§ 195. Construction. This article, being necessary for the general\nhealth, safety, and welfare of the people of this state, shall be\nliberally construed to effect its purposes.\n

§ 196. Reports. The commissioner and the administrator shall make an\nannual report to the legislature and the governor which shall describe\nthe quality and quantity of spills of petroleum, the costs and damages\npaid by and recovered for the fund, and moneys spent pursuant to\…

§ 197. Effect of federal legislation. If the United States congress\nenacts legislation providing compensation in the event of a discharge of\npetroleum, the commissioner shall determine to what degree that\nlegislation provides the needed protection for our citizens, businesses…

§ 2. Definitions. The following terms when used in this chapter unless\notherwise expressly stated, or unless the context of the language or\nsubject matter indicates a different meaning or application was\nintended, shall be deemed to mean and include: 1. "Office" shall mean\nt…

§ 20. Verification of complaints. Where a navigation summons has been\nserved by a peace officer, acting pursuant to his special duties, police\nofficer, or traveling navigation inspector, in cases of violations of\nany provision of this chapter or of any ordinance, rule or regu…

§ 200. Collection of penalties. 1. An action to recover any penalty\nimposed under the provisions of this chapter, except penalties imposed\nunder article six, may be brought in any court of competent jurisdiction\nin this state on order of the commissioner and in the name of th…

§ 201. Disposition of fees and penalties. 1. On the first day of each\nmonth or within ten days thereafter, all fines and penalties collected\nfor violations of this chapter, except for violations of article six,\nunder judgment of any town or village court or justice or pursuan…

§ 202. Application and saving clause. Any work or proceeding initiated\nunder any existing law which is repealed through the enactment of this\nchapter shall be continued legally to its termination and conclusion\nsubject to the provisions of and in accordance with the procedure…

§ 203. Laws repealed. Chapter forty-two of the laws of nineteen\nhundred nine, entitled "An act relating to navigation, constituting\nchapter thirty-seven of the consolidated laws," and chapter two hundred\nand ninety-two of the laws of nineteen hundred forty, entitled "An act\n…

§ 204. When to take effect. This act shall take effect July first,\nnineteen hundred forty-one, except section seventy-one thereof, which\nsection shall take effect January first, nineteen hundred forty-two.\n

§ 30. Navigation, jurisdiction over. The commissioner shall have\njurisdiction over navigation on the navigable waters of the state and,\nexcept as otherwise provided, shall enforce the provisions of this\nchapter and the regulations established thereunder. As a guide to the\nin…

§ 31. Excavation, fill or other modification of water course. No\nperson or local public corporation shall excavate or place fill in the\nnavigable waters of the state without first obtaining a permit therefor\nin conformity with the provisions of section 15-0505 of the\nenviron…

§ 32. Location of structures in or on navigable waters. 1.\nNotwithstanding the provisions of subdivision two of section forty-six-a\nof this chapter, no wharf, dock, pier, jetty, platform or other\nstructure built on floats, columns, open timber, piles or similar\nopen-work sup…

§ 32-a. Using net or weir unlawfully in Hudson river. A person, who\nuses any net or weir for setting or attaching nets, or a pole or other\nfixture in any part of the Hudson river, except as permitted by statute,\nis guilty of a misdemeanor.\n