N.Y. Comp. Codes R. & Regs. tit. 17 § 32.5

Current through Register Vol. 46, No. 25, June 18, 2024

Section 32.5 - Discharge response

(a) Any person responsible for causing a discharge which is prohibited by section 173 of the Navigation Law shall take immediate steps to stop any continuation of the discharge and shall take all reasonable containment measures to the extent he is capable of doing so.

(b) The person responsible for causing a discharge which is prohibited by section 173 of the Navigation Law shall also take those measures or actions necessary for the cleanup and removal of the discharge, except that:

(1) all cleanup and removal activities shall be subject to the supervision and control of the department once a representative of the department has arrived on the scene, or, in the event a Federal on-scene coordinator assumes control of cleanup and removal activities, shall be subject to the supervision and control of such Federal on-scene coordinator; and

(2) in the event that the department determines that the person attempting to clean up and remove a discharge is not capable of, or is not properly and expeditiously, cleaning up and removing such discharge, the department may order such person to cease such cleanup and removal operation.

(c) No person engaged in the cleanup and removal (including containment) of discharged petroleum shall apply any chemicals, including detergents, without the prior approval of the on-scene representative of the department or of the Federal on-scene coordinator. The use of detergents for the cleanup and removal of discharged petroleum shall also require the prior authorization of the Commissioner of Environmental Conservation or his authorized agent. Sorbents shall not be considered chemicals for the purposes of this Part.

(d) In the event the person responsible for causing a discharge, which is prohibited by section 173 of the Navigation Law, does not properly and expeditiously commence and carry out the cleanup and removal of such discharge, the department shall cleanup and remove such discharge. Cleanup and removal by the department may be by the department's own forces, by contractors retained by the department or by any other method determined by the department to be appropriate. The department may supplement the cleanup and removal activities of the person responsible for causing the discharge or of any other person.

(e) All cleanup and removal activities shall, to the greatest extent possible, be carried out in accordance with the National Contingency Plan established by 40 CFR part 1510, as it presently exists or as amended.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 32.5