N.Y. Comp. Codes R. & Regs. tit. 6 § 610.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 610.1 - Authority, purpose and policy

(a) This Part is adopted pursuant to section 191 of the Navigation Law to implement the responsibilities of the Department of Environmental Conservation under the provisions of article 12 of the Navigation Law, which prohibits the discharge of petroleum, provides for the licensing of major facilities, provides for the cleanup and removal of any petroleum discharge, giving first priority to minimizing environmental damage, and establishes an environmental protection and spill compensation fund.

(b) The provisions of this Part apply to the certification by the Department of Environmental Conservation that an applicant to the Department of Transportation for a license, or the renewal of a license, to operate or cause to be operated an onshore major facility has implemented or is in the process of implementing State and Federal plans and regulations for the control of discharges of petroleum and the containment and removal thereof when such a discharge occurs.

(c) It is the purpose of article 12 of the Navigation Law to ensure a clean environment and healthy economy for the State by preventing the unregulated discharge of petroleum which may result in damage to lands, waters or natural resources of the State, by authorizing the Department of Transportation and the Department of Environmental Conservation to control the transfer and storage of petroleum and to respond quickly to unregulated discharges and effect prompt cleanup and removal of such discharges, giving first priority to minimizing environmental damage, and by providing for the payment of all cleanup and removal costs and all direct and indirect damages resulting from such discharges through the New York environmental protection and spill compensation fund supervised by the State Comptroller.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 610.1