Archive for 2007/01/07

Common Law Recovery of Cleanup Cost for Petroleum Spills

New York’s Oil Spill Act, Article 12 of the New York Navigation Law, provides a natural and attractive starting point for people

N.Y. Navigation Law Sec. 176. Removal of prohibited discharges. Sections 7 - 8

7. (a) Nothing in this section is intended to preclude cleanup and removal by any person threatened by such discharges, who, as soon as is reasonably possible, coordinates and obtains approval for such actions with ongoing state or federal operations and appropriate state and federal authorities. Notwithstanding any other provision of law to the contrary, […]

N.Y. Navigation Law Sec. 176. Removal of prohibited discharges. Sections 4 - 6

4. Cleanup and removal of petroleum and actions to minimize damage from discharges shall be, to the greatest extent possible, in accordance with the National Contingency Plan for removal of oil and hazardous substances established pursuant to section 311 (d) of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended by […]

N.Y. Navigation Law Sec. 176. Removal of prohibited discharges. Sections 1 - 3

1.   Any person discharging petroleum in the manner prohibited by section one hundred seventy-three of this article shall immediately undertake to contain such discharge. Notwithstanding the above requirement, the department may undertake the removal of such discharge and may retain agents and contractors who shall operate under the direction of such department for such purposes.