§ 27-1327. Recovery of response costs and natural resource damages.\n 1. Each responsible person shall be strictly liable, jointly and\nseverally, for all response costs and for all natural resource damages\nresulting from the disposal of hazardous waste at an inactive hazardous\nwaste disposal site. The commissioner may request the attorney general\ncommence an action in a court of competent jurisdiction to recover the\nresponse costs and/or natural resource damages. The commissioner shall\nprioritize recovering response costs and natural resource damages at\nsites placed in classification 1 or 2, as described in clauses (i) and\n(ii) of subparagraph one of paragraph b of subdivision two of section\n27-1305 of this title, that are located in disadvantaged communities.\n 2. A determination or assessment of natural resource damages for the\npurposes of this section made or adopted by the commissioner in\naccordance with any applicable regulations promulgated under section\n27-1315 of this title or under section 9651(c) of title 42 of the United\nStates Code shall have the force and effect of a rebuttable presumption\non behalf of the commissioner in any judicial proceeding.\n 3. In an action to recover response costs and/or natural resource\ndamages, the commissioner may also seek civil penalties under section\n71-2705 of this chapter.\n 4. All amounts received to satisfy liability for natural resource\ndamages shall be credited to the department's natural resource damages\nfund to be used exclusively to reimburse the reasonable costs of\nassessing injury, destruction, and/or loss resulting from the disposal\nof hazardous waste at the site for which the natural resource damages\nwere recovered and for the restoration, rehabilitation, replacement,\nand/or acquisition of equivalent natural resources. Provided that any\nsuch restoration, rehabilitation, replacement and/or acquisition shall\nprioritize, to the maximum extent practicable, the natural resources of\nthe site for which the damages were recovered.\n 5. The state shall have an environmental lien for all response costs\nincurred by the state and for all natural resource damages for which a\njudicial determination of liability has been made upon such real\nproperty located within the state:\n (a) owned by a person liable to the state for such response costs\nand/or natural resource damages under this title at the time a notice of\nenvironmental lien is filed; and\n (b) upon which the disposal of hazardous wastes occurred.\n 6. An environmental lien shall attach when:\n (a) response costs are incurred by the state and/or a judicial\njudgment of liability for natural resource damages is entered;\n (b) the responsible person fails to pay such costs within ninety days\nafter a written demand therefor by the department is mailed by certified\nor registered mail, return receipt requested, and/or fails to pay such\nnatural resource damages within ninety days after entry of judgment; and\n (c) a notice of environmental lien is filed by the department as\nprovided in paragraph (a) of subdivision ten of this section; provided,\nhowever, that a copy of the notice of environmental lien is served upon\nthe owner of the real property subject to the environmental lien within\nthirty days of such filing in accordance with the provisions of section\neleven of the lien law.\n 7. (a) An environmental lien shall continue against the real property\nuntil:\n (i) the claim or judgment against the person referred to in\nsubdivision one of this section for response costs and/or natural\nresource damages is satisfied or becomes unenforceable;\n (ii) the lien is released by the commissioner pursuant to this\nsubdivision;\n (iii) the lien is discharged by payment of monies into court; or\n (iv) the lien is otherwise vacated by court order.\n (b) Upon the occurrence of any event under subparagraphs (i) through\n(iv) of paragraph (a) of this subdivision, except where the lien is\nvacat
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.