Senate Bill S5390

2015-2016 Legislative Session

Requires landowners to be notified of a petroleum discharge

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S5390 (ACTIVE) - Details

See Assembly Version of this Bill:
A1811
Current Committee:
Senate Environmental Conservation
Law Section:
Navigation Law
Laws Affected:
Amd ยง175, Nav L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1588
2011-2012: A3885
2013-2014: A4137
2017-2018: S617, A1493
2019-2020: A2439
2021-2022: A4318
2023-2024: A4872

2015-S5390 (ACTIVE) - Summary

Provides that upon notification of a petroleum discharge, the department of environmental conservation shall notify the municipal chief executive and landowners or tenants adjacent to or neighboring the site of the discharge whose property or drinking water supply may be potentially impacted by such discharge.

2015-S5390 (ACTIVE) - Sponsor Memo

2015-S5390 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5390

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the navigation  law,  in  relation  to  notification  of
  petroleum discharge

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 175 of the navigation law, as amended by chapter 35
of the laws of 1985, is amended to read as follows:
  S 175. Notification by  persons  responsible  for  discharge.  1.  Any
person  responsible for causing a discharge shall immediately notify the
department pursuant to rules and regulations established by the  depart-
ment,  but  in no case later than two hours after the discharge. Failure
to so notify shall make persons liable  to  the  penalty  provisions  of
section  [192]  ONE HUNDRED NINETY-TWO of this article.  Notwithstanding
the provisions of any other law, such  notification  to  the  department
shall  be  deemed  to fulfill the notification requirements of any other
state or local law.
  2. UPON NOTIFICATION OF A DISCHARGE, PURSUANT TO  SUBDIVISION  ONE  OF
THIS  SECTION,  THE  DEPARTMENT  SHALL  IMMEDIATELY NOTIFY THE MUNICIPAL
CHIEF EXECUTIVE, ALL LANDOWNERS OR TENANTS ADJACENT TO THE SITE  OF  THE
DISCHARGE  AND/OR  ANY  NEARBY  LANDOWNERS  OR TENANTS WHOSE PROPERTY OR
DRINKING WATER SUPPLY MAY BE POTENTIALLY IMPACTED BY SUCH DISCHARGE.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05829-01-5

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