N.Y. Comp. Codes R. & Regs. tit. 2 § 402.3

Current through Register Vol. 46, No. 51, December 18, 2024

Section 402.3 - Submission of claims

(a) Any person claiming to have suffered damage to real estate or personal property, natural resources or loss of income or tax revenue, as the result of a discharge of petroleum which takes place on or after April 1, 1978, may submit a claim for any such damage to the administrator.

(b) Claims shall be submitted in such form and contain such information as the administrator may prescribe from time to time. Claim forms shall be provided by the administrator to all persons upon request.

(1) Claims shall be sent by certified mail or hand-delivered to:

New York State Department of Audit and Control

Administrator

New York State Environmental Protection and

Spill Compensation Fund

110 State Street

Albany, New York 12236-0001

(2) The date postmarked or, if hand-delivered, the date of receipt stamp, shall be the date used for establishing compliance with the time limits imposed by section 182 of the Navigation Law.

(c) The claimant may submit information and materials, including the reports of experts, photographs and other demonstrative evidence, in addition to the information and materials required or suggested by the administrator's claim form. The administrator or a board of arbitration may require additional information and material from a claimant at any time prior to payment of a claim to aid it in determining the identity of the discharger, the cause of the discharge, the validity of the damage claim or the amount of the damage. The administrator and the board of arbitration may refuse to process a claim if the claimant refuses to supply the administrator or the board with such information or materials in the claimant's possession or subject to the claimant's control as the administrator or the board finds necessary to process the claim.

(d) all damages shall be stated in their entirety in a single claim application. However, prior to any award of damages from the fund for any claim, or the reimbursement to the fund from the discharger or the responsible party, or the agreement to a settlement by a claimant and discharger or other responsible party, whichever occurs first, such claim may be amended by the claimant as to the nature or extent of the damage, the cause of the damage or the amount of the claim.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 402.3