§ 174-a. Use of containment booms. 1. The commissioner, after
consultation with appropriate federal, state and local governments and
agencies, may promulgate regulations requiring the use of containment
booms or prestaging of response equipment around or at major facilities
and vessels involved in the transfer of petroleum. The commissioner may
consult with interested groups and trade associations in developing such
regulations. In adopting such regulations, the commissioner shall
consider factors, including but not limited to applicable federal laws
and regulations, weather conditions, tides, health and safety of workers
and product being transferred.

2. Whenever petroleum is transferred after sunset and before sunrise,
lighting adequate to detect any petroleum discharge shall be in
operation.

3. The deployment of containment booms pursuant to this part shall be
the responsibility of the owner, lessee or operator of the vessels
involved in a vessel-to-vessel petroleum transfer. The deployment of
containment booms pursuant to this part shall be the responsibility of
the owner, lessee or operator of the major facility involved in a
petroleum transfer between a vessel and a major facility.

4. (a) Any local law or ordinance which is inconsistent with any
provision of this part or any rule or regulation promulgated hereunder
shall be preempted, except that any local law or ordinance of any
county, or of any city of a population of one million or more, which is
inconsistent with the provisions of this part or any rules or
regulations promulgated hereunder shall not be preempted if such local
law or ordinance provides environmental protection equal to or greater
than the provisions of this part of any rules or regulations promulgated
hereunder, and such county or city files with the department a written
declaration of its intent to administer and enforce such local law or
ordinance which is approved by the commissioner in written findings
which set forth the terms of such approval.

(b) Any owner, lessee or operator violating any provisions of this
section or any rule promulgated thereunder shall: (i) if the transfer
involves and/or the vessel contains less than one million gallons, be
liable for a penalty of not more than twenty-five thousand dollars for
each offense in a court of competent jurisdiction; or (ii) if the
transfer involves and/or the vessel contains one million gallons or
more, be liable for a penalty of not more than fifty thousand dollars
for each offense in a court of competent jurisdiction. Every violation
of this section shall be a separate and distinct offense, and, in case
of a continuing violation, every day's continuance thereof shall be
deemed to be a separate and distinct offense.

(c) All penalties and fines imposed under this section shall be
credited to the New York environmental protection and spill compensation
fund pursuant to paragraph (a) of subdivision two of section one hundred
seventy-nine of this chapter.