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Lawyer & Attorney ReferralsN.Y. Navigation Law Sec. 172. Definitions Sections 15 – 18
Posted By James J. Periconi, Esq. on December 3, 2006
Environmental Statutes, Codes, Regulations and Related Materials
N.Y. Navigation Law, Sec. 172. Definitions, Sections 15 – 18
Unless the context clearly indicates otherwise, the following terms shall have the following meanings:
15. “Petroleum” means oil or petroleum of any kind and in any form including, but not limited to, oil, petroleum, fuel oil, oil sludge, oil refuse, oil mixed with other wastes and crude oils, gasoline and kerosene;
15-a. “Petroleum-bearing vessel” means any vessel transporting petroleum in commercial quantities as cargo or any vessel constructed or adapted for the carriage of petroleum in bulk;
15-b. “Sinking agents” means additives applied to petroleum discharges to sink floating pollutants below the water surface.
15-c. “Surface collecting agents” means chemical agents that form a surface film to control the layer thickness of petroleum.
15-d. “Tank vessel” means a vessel that is constructed or adapted to carry, or that carries, petroleum in bulk as cargo or cargo residue, and that:
(a) is a vessel of the United States;
(b) operates on the waters of the state of New York; or
(c) transfers petroleum in a place subject to the jurisdiction of the state of New York.
16. “Transfer” means onloading or offloading between major facilities and vessels or vessels and major facilities, and from vessel to vessel or major facility to major facility;
17. “Vessel” means every description, of watercraft or other contrivance that is practically capable of being used as a means of commercial transportation of petroleum upon the water, whether or not self-propelled; and
18. “Waters” means the ocean and its estuaries to the seaward limit of the state’s jurisdiction, and all lakes, springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of this state. Provided, however, that for purposes of this definition, waters of the state adjacent to Long Island Sound are to be strictly construed to effectuate only the provisions of this article.
About the author
James J. Periconi, Esq.
James Periconi’s practice focuses almost equally on commercial property transaction counseling, on environmental regulatory matters in the U.S. Environmental Protection Agency and the New York State Department of Environmental Conservation (DEC), and on environmental litigation in the federal and state courts. A former Chief of Solid and Hazardous Waste Enforcement for the State DEC and an Assistant New York Attorney General prosecuting civil and criminal environmental cases, he has in private practice since 1989 had substantial experience representing defendants in governmental actions brought for remediation of Superfund and other contaminated sites, and for prosecution and defense of private cost recovery actions for such sites.
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