N.Y. Navigation Law § 174-a: Use of containment booms

§ 174-a. Use of containment booms. 1. The commissioner, after

consultation with appropriate federal, state and local governments and

agencies, may promulgate regulations requiring the use of containment

booms or prestaging of response equipment around or at major facilities

and vessels involved in the transfer of petroleum. The commissioner may

consult with interested groups and trade associations in developing such

regulations. In adopting such regulations, the commissioner shall

consider factors, including but not limited to applicable federal laws

and regulations, weather conditions, tides, health and safety of workers

and product being transferred.

2. Whenever petroleum is transferred after sunset and before sunrise,

lighting adequate to detect any petroleum discharge shall be in

operation.

3. The deployment of containment booms pursuant to this part shall be

the responsibility of the owner, lessee or operator of the vessels

involved in a vessel-to-vessel petroleum transfer. The deployment of

containment booms pursuant to this part shall be the responsibility of

the owner, lessee or operator of the major facility involved in a

petroleum transfer between a vessel and a major facility.

4. (a) Any local law or ordinance which is inconsistent with any

provision of this part or any rule or regulation promulgated hereunder

shall be preempted, except that any local law or ordinance of any

county, or of any city of a population of one million or more, which is

inconsistent with the provisions of this part or any rules or

regulations promulgated hereunder shall not be preempted if such local

law or ordinance provides environmental protection equal to or greater

than the provisions of this part of any rules or regulations promulgated

hereunder, and such county or city files with the department a written

declaration of its intent to administer and enforce such local law or

ordinance which is approved by the commissioner in written findings

which set forth the terms of such approval.

(b) Any owner, lessee or operator violating any provisions of this

section or any rule promulgated thereunder shall: (i) if the transfer

involves and/or the vessel contains less than one million gallons, be

liable for a penalty of not more than twenty-five thousand dollars for

each offense in a court of competent jurisdiction; or (ii) if the

transfer involves and/or the vessel contains one million gallons or

more, be liable for a penalty of not more than fifty thousand dollars

for each offense in a court of competent jurisdiction. Every violation

of this section shall be a separate and distinct offense, and, in case

of a continuing violation, every day's continuance thereof shall be

deemed to be a separate and distinct offense.

(c) All penalties and fines imposed under this section shall be

credited to the New York environmental protection and spill compensation

fund pursuant to paragraph (a) of subdivision two of section one hundred

seventy-nine of this chapter.