A3885-2011 Actions

• Jan 4, 2012: referred to environmental conservation
• Jan 28, 2011: referred to environmental conservation

A3885-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3885
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 28, 2011
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred 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.
 LBD00155-01-1

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