Loading chat...
NY S05418
Bill
Status
6/16/2011
Primary Sponsor
Mark Grisanti
Click for details
AI Summary
-
Allows persons directed to cleanup a petroleum discharge to present evidence that a third party is solely responsible, requiring the Department to determine within 30 days whether the third party should be deemed the discharger.
-
Establishes "Liability Limitation Agreements" that shield persons who voluntarily remediate petroleum contamination from state statutory or common law liability, except for natural resource damages and future non-compliant discharges.
-
Grants the Department authority to apportion liability among multiple dischargers in settlement meetings and administrative hearings.
-
Extends liability limitation protections to successors in ownership, lessees, and operators of contaminated property who act with due care and good faith.
-
Reserves the Department's rights to pursue further investigation or remediation if fraud, noncompliance, or changes in environmental standards occur after a Liability Limitation Agreement is executed.
Legislative Description
Relates to responsible parties for petroleum contaminated sites and incentives to parties who are willing to remediate such sites; provides that a discharger may present evidence as to third party responsibility for petroleum discharge; provides for apportionment of liability; provides that parties willing to remediate such discharge shall be entitled to liability limitation.
Last Action
referred to environmental conservation
6/21/2012