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Assembly Bill A2439

2019-2020 Legislative Session

Requires landowners to be notified of a petroleum discharge

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Archive: Last Bill Status - In Assembly Committee

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2019-A2439 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Navigation Law
Laws Affected:
Amd §175, Nav L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1588
2011-2012: A3885
2013-2014: A4137
2015-2016: A1811
2017-2018: A1493
2021-2022: A4318
2023-2024: A4872

2019-A2439 (ACTIVE) - Summary

Provides that upon notification of a petroleum discharge, the department of environmental conservation shall notify the municipal chief executive and landowners or tenants adjacent to or neighboring the site of the discharge whose property or drinking water supply may be potentially impacted by such discharge.

2019-A2439 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2439
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by  M. of A. ENGLEBRIGHT, D'URSO -- Multi-Sponsored by -- M.
   of A. COLTON, CYMBROWITZ -- 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:
   § 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.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06881-01-9

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