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Assembly Bill A3209

2011-2012 Legislative Session

Relates to the clean-up of petroleum discharges occurring during the delivery of home heating oil to a residence

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Archive: Last Bill Status - In Assembly Committee

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2011-A3209 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Navigation Law
Laws Affected:
Amd ยง176, Nav L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2478
2013-2014: A3926
2015-2016: A2314
2017-2018: A1557
2019-2020: A3397
2021-2022: A1800
2023-2024: A4677

2011-A3209 (ACTIVE) - Summary

Relates to the clean-up of petroleum discharges occurring during the delivery of home heating oil to a residence; any petroleum discharges shall be immediately cleaned up by the oil delivery company; if such spill affects soil then clean up shall include replacing affected soil with new soil within 24 hours; provides fines for violation.

2011-A3209 (ACTIVE) - Bill Text download pdf 

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

                                  3209

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Environmental Conservation

AN ACT to amend the navigation  law,  in  relation  to  the  removal  of
  prohibited discharges

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

  Section 1. Section 176 of the navigation law is amended  by  adding  a
new subdivision 9 to read as follows:
  9.  ANY  DISCHARGE OF PETROLEUM OCCURRING AT A RESIDENCE IN THE COURSE
OF THE DELIVERY OF HOME HEATING OIL TO SUCH  RESIDENCE  FOR  RESIDENTIAL
USE  SHALL BE IMMEDIATELY CLEANED UP BY THE OIL DELIVERY COMPANY. IF THE
SPILL AFFECTS SOIL THE CLEAN UP SHALL  INCLUDE  REPLACING  THE  AFFECTED
SOIL  WITH  NEW SOIL, WHICH SHALL BE COMPLETED WITHIN TWENTY-FOUR HOURS.
VIOLATION OF THIS SECTION SHALL RESULT IN A FINE OF FIVE HUNDRED DOLLARS
FOR THE FIRST OFFENSE AND  ONE  THOUSAND  DOLLARS  FOR  EACH  ADDITIONAL
OFFENSE,  NOT TO EXCEED TEN THOUSAND DOLLARS PAYABLE BY THE OIL DELIVERY
COMPANY. SUCH FINE SHALL BE IN ADDITION TO ANY OTHER PENALTY AS PROVIDED
FOR IN THIS ARTICLE. NOTHING CONTAINED  IN  THIS  SUBDIVISION  SHALL  BE
INTERPRETED TO DIMINISH LIABILITY ESTABLISHED IN THIS ARTICLE.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02477-01-1

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