Legislation
SECTION 71-1941
Penalties and liability for spills of bulk liquids
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 19
§ 71-1941. Penalties and liability for spills of bulk liquids.
1. Except where the owner of or a person in actual or constructive
possession or control of more than one thousand one hundred gallons, in
bulk, of any liquid including petroleum which, if released, would or
would be likely to pollute the lands or waters of the state including
the groundwaters thereof can prove that the entry or presence of any
part of such liquid onto such lands or into or in such waters causing or
contributing to a condition therein in contravention of the standards
adopted or deemed adopted by the water pollution control board or any of
its legal successors was caused solely by (A) an act of God, (B) an act
of war, (C) negligence on the part of the United States or New York
State Government or (D) an act or omission of a third party without
regard to whether any such act or omission was or was not negligent, or
any combination of the foregoing clauses, such owner or person shall be
liable for a penalty of not more than three thousand seven hundred fifty
dollars for an initial incident resulting in or contributing to such a
contravention and for an additional penalty not to exceed seven hundred
fifty dollars for each day during which such contravention or
contribution thereto continues, and in addition shall be liable to the
people of the state of New York for the actual costs incurred by or on
behalf of the people of the state for the removal or neutralization of
such liquid and for any and all reasonable measures taken or attempted
to reduce, limit or diminish the extent or effect of such contravention.
2. Such penalty or reimbursement or both due the people of the state
by reason of the liability provided in subdivision one of this section
may be assessed by the commissioner by order after a hearing or hearings
noticed and conducted and reviewable as provided in title nine of
article seventeen, or opportunity to be heard, or be recovered in an
action or actions brought by the attorney general.
3. In assessing the amount of any such penalty the commissioner or
court shall consider:
a. The type, extent and amount of damage which resulted from such
incident.
b. The degree of care taken by or on behalf of the party charged to
prevent the occurrence of the incident.
c. The efforts made by or on behalf of the party charged to reduce or
mitigate the damage which resulted from the incident.
1. Except where the owner of or a person in actual or constructive
possession or control of more than one thousand one hundred gallons, in
bulk, of any liquid including petroleum which, if released, would or
would be likely to pollute the lands or waters of the state including
the groundwaters thereof can prove that the entry or presence of any
part of such liquid onto such lands or into or in such waters causing or
contributing to a condition therein in contravention of the standards
adopted or deemed adopted by the water pollution control board or any of
its legal successors was caused solely by (A) an act of God, (B) an act
of war, (C) negligence on the part of the United States or New York
State Government or (D) an act or omission of a third party without
regard to whether any such act or omission was or was not negligent, or
any combination of the foregoing clauses, such owner or person shall be
liable for a penalty of not more than three thousand seven hundred fifty
dollars for an initial incident resulting in or contributing to such a
contravention and for an additional penalty not to exceed seven hundred
fifty dollars for each day during which such contravention or
contribution thereto continues, and in addition shall be liable to the
people of the state of New York for the actual costs incurred by or on
behalf of the people of the state for the removal or neutralization of
such liquid and for any and all reasonable measures taken or attempted
to reduce, limit or diminish the extent or effect of such contravention.
2. Such penalty or reimbursement or both due the people of the state
by reason of the liability provided in subdivision one of this section
may be assessed by the commissioner by order after a hearing or hearings
noticed and conducted and reviewable as provided in title nine of
article seventeen, or opportunity to be heard, or be recovered in an
action or actions brought by the attorney general.
3. In assessing the amount of any such penalty the commissioner or
court shall consider:
a. The type, extent and amount of damage which resulted from such
incident.
b. The degree of care taken by or on behalf of the party charged to
prevent the occurrence of the incident.
c. The efforts made by or on behalf of the party charged to reduce or
mitigate the damage which resulted from the incident.