§ 172. Definitions. Unless the context clearly indicates otherwise,\nthe following terms shall have the following meanings:\n 1. "Administrator" means the chief executive, within the department of\naudit and control, of the New York environmental protection and spill\ncompensation fund;\n 2. "Barrel" means forty-two United States gallons, or 159.9 liters, at\nsixty degrees fahrenheit;\n 2-a. "Biological additives" means microbiological cultures, enzymes,\nor nutrient additives that are deliberately introduced into a petroleum\ndischarge for the specific purpose of encouraging biodegradation to\nmitigate the effects of the discharge.\n 3. "Claim" means, for purposes of part three of this article, any\nclaim of the fund or any claim by an injured person, who is not\nresponsible for the discharge, seeking compensation for cleanup and\nremoval costs incurred or damages sustained as a result of a petroleum\ndischarge;\n 3-a. "Burning agents" means additives that, through physical or\nchemical means, improve the combustibility of the materials to which\nthey are applied.\n 3-b. "Chemical agents" means generally those elements, compounds or\nmixtures that coagulate, disperse, dissolve, emulsify, foam, neutralize,\nprecipitate, reduce, solubilize, oxidize, concentrate, congeal, entrap,\nfix, make the pollutant mass more rigid or viscous, or otherwise\nfacilitate the mitigation of deleterious effects or removal of the\npollutant or petroleum from the water.\n 4. "Cleanup and removal" means the (a) containment or attempted\ncontainment of a discharge, (b) removal or attempted removal of a\ndischarge or, (c) taking of reasonable measures to prevent or mitigate\ndamages to the public health, safety, or welfare, including but not\nlimited to, public and private property, shorelines, beaches, surface\nwaters, water columns and bottom sediments, soils and other affected\nproperty, including wildlife and other natural resources;\n 5. "Cleanup and removal costs" means all costs associated with the\ncleanup and removal of a discharge including relocation costs pursuant\nto section one hundred seventy-seven-a of this article incurred by the\nstate or its political subdivisions or their agents or any person with\napproval of the department;\n 6. "Commissioner" means the commissioner of the department of\nenvironmental conservation, unless otherwise indicated;\n 6-a. "Containment boom" means a floating or stationary device composed\nof plastic, natural or synthetic materials which can be mechanically\nextended over water or permanently stationed over water for the purposes\nof containing floating petroleum, solid objects or other pollutants\nwithin or outside a particular area;\n 7. "Department" means the department of environmental conservation,\nunless otherwise indicated;\n 8. "Discharge" means any intentional or unintentional action or\nomission resulting in the releasing, spilling, leaking, pumping,\npouring, emitting, emptying or dumping of petroleum into the waters of\nthe state or onto lands from which it might flow or drain into said\nwaters, or into waters outside the jurisdiction of the state when damage\nmay result to the lands, waters or natural resources within the\njurisdiction of the state;\n 8-a. "Dispersant" means chemical agents that emulsify, disperse, or\nsolubilize petroleum into the water column or promote the surface\nspreading of petroleum slicks to facilitate dispersal of the petroleum\ninto the water column.\n 9. "Fund" means the New York environmental protection and spill\ncompensation fund;\n 10. "License fee period" means every calendar month on the basis of\nwhich the licensee is required to report under this article;\n 11. "Major facility" includes but is not limited to any refinery,\nstorage or transfer terminal, pipeline, deep water port, drilling\nplatform or any appurtenance related to any of the preceding that is\nused or is capable of being used to refine, produce, store, handle,\ntransfer, pro
‹ 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.