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STATE OF NEW YORK
________________________________________________________________________

3885

2011-2012 Regular Sessions

IN 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