Relates to the clean-up of petroleum discharges occurring during the delivery of home heating oil to a residence; provides any petroleum discharges shall be immediately cleaned up by the oil delivery company; if such spill affects soil then clean-up shall include replacing affected soil with new soil within 24 hours; provides fines for violation.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4677
SPONSOR: Pretlow PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to require oil companies to clean up spil-
lage occurring during a delivery
SUMMARY OF SPECIFIC PROVISIONS:
This bill would provide that any discharge of petroleum occurring at a
residence in the course of the delivery of home heating oil to such
residence for residential use shall be immediately cleaned up by the oil
delivery company. If the spill affects soil the clean up would include
replacing the affected soil with new soil, to be completed within twen-
ty-four hours. A violation would result in a fine of five hundred
dollars for the first offense and one thousand dollars for each addi-
tional offense, not to exceed ten thousand dollars payable by the oil
delivery company.
JUSTIFICATION:
Recently, people have been becoming increasingly aware of all of the
environmental problems that are affecting our area. Environmental disas-
ters are no longer tolerated. All companies, including those who work
with oil must take extra steps to ensure that the environment will not
be haunted. If something happens then the company must be held responsi-
ble for the clean up. Oil is a hazardous substance that can kill trees
and shrubbery when it seeps into the ground. We must do everything
possible to provide a clean and safe environment.
PRIOR LEGISLATIVE HISTORY:
2021-2022 A1800 referred to environmental conservation
2019-2020 A3397 referred to environmental conservation
2017/2018 A1557 referred to environmental conservation
01/29/13 referred to environmental conservation
01/08/14 referred to environmental conservation
01/15/15 referred to environmental conservation
01/06/16 referred to environmental conservation
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
4677
2023-2024 Regular Sessions
IN ASSEMBLY
February 22, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the navigation law, in relation to the removal of
prohibited discharges
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 176 of the navigation law is amended by adding a
2 new subdivision 9 to read as follows:
3 9. Any discharge of petroleum occurring at a residence in the course
4 of the delivery of home heating oil to such residence for residential
5 use shall be immediately cleaned up by the oil delivery company. If the
6 spill affects soil the clean up shall include replacing the affected
7 soil with new soil, which shall be completed within twenty-four hours.
8 Violation of this section shall result in a fine of five hundred dollars
9 for the first offense and one thousand dollars for each additional
10 offense, not to exceed ten thousand dollars payable by the oil delivery
11 company. Such fine shall be in addition to any other penalty as provided
12 for in this article. Nothing contained in this subdivision shall be
13 interpreted to diminish liability established in this article.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09474-01-3
