N.Y. Environmental Conservation Law § 71-1941: Penalties and liability for spills of bulk liquids

§ 71-1941. Penalties and liability for spills of bulk liquids.

1. Except where the owner of or a person in actual or constructive

possession or control of more than one thousand one hundred gallons, in

bulk, of any liquid including petroleum which, if released, would or

would be likely to pollute the lands or waters of the state including

the groundwaters thereof can prove that the entry or presence of any

part of such liquid onto such lands or into or in such waters causing or

contributing to a condition therein in contravention of the standards

adopted or deemed adopted by the water pollution control board or any of

its legal successors was caused solely by (A) an act of God, (B) an act

of war, (C) negligence on the part of the United States or New York

State Government or (D) an act or omission of a third party without

regard to whether any such act or omission was or was not negligent, or

any combination of the foregoing clauses, such owner or person shall be

liable for a penalty of not more than three thousand seven hundred fifty

dollars for an initial incident resulting in or contributing to such a

contravention and for an additional penalty not to exceed seven hundred

fifty dollars for each day during which such contravention or

contribution thereto continues, and in addition shall be liable to the

people of the state of New York for the actual costs incurred by or on

behalf of the people of the state for the removal or neutralization of

such liquid and for any and all reasonable measures taken or attempted

to reduce, limit or diminish the extent or effect of such contravention.

2. Such penalty or reimbursement or both due the people of the state

by reason of the liability provided in subdivision one of this section

may be assessed by the commissioner by order after a hearing or hearings

noticed and conducted and reviewable as provided in title nine of

article seventeen, or opportunity to be heard, or be recovered in an

action or actions brought by the attorney general.

3. In assessing the amount of any such penalty the commissioner or

court shall consider:

a. The type, extent and amount of damage which resulted from such

incident.

b. The degree of care taken by or on behalf of the party charged to

prevent the occurrence of the incident.

c. The efforts made by or on behalf of the party charged to reduce or

mitigate the damage which resulted from the incident.