S T A T E O F N E W Y O R K
________________________________________________________________________
8287
2013-2014 Regular Sessions
I N A S S E M B L Y
November 20, 2013
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the navigation law, in relation to notification of
discharge by the department of environmental conservation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of section 175 of the navigation law
is designated subdivision 1 and a new subdivision 2 is added to read as
follows:
2. UPON NOTIFICATION OF A DISCHARGE PURSUANT TO SUBDIVISION ONE OF
THIS SECTION OR SUBDIVISION EIGHT OF SECTION 17-0303 OF THE ENVIRON-
MENTAL CONSERVATION LAW, THE DEPARTMENT SHALL NOTIFY BY REGISTERED MAIL
WITHIN FIVE DAYS: (A) THE CHIEF EXECUTIVE OFFICER OF ANY COUNTY, CITY,
TOWN OR VILLAGE IMPACTED BY THE SPILL, AND (B) ALL LANDOWNERS OR TENANTS
ADJACENT TO AND NEARBY THE SITE WHOSE PROPERTY OR DRINKING WATER SUPPLY
MAY BE POTENTIALLY ADVERSELY IMPACTED BY SUCH DISCHARGE. FOR THE
PURPOSES OF THIS SECTION, ADJACENT AND NEARBY LANDOWNERS AND TENANTS
SHALL MEAN THOSE WITHIN TWO THOUSAND SIX HUNDRED FORTY FEET OF THE SPILL
OR DISCHARGE. THE COST TO THE DEPARTMENT TO PROVIDE THE COMMUNITY
NOTIFICATION UNDER THIS SUBDIVISION SHALL BE BORNE BY THE PARTY RESPON-
SIBLE FOR THE DISCHARGE OR SPILL.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06240-01-3