§ 174-a. Use of containment booms.
1.The commissioner, after\nconsultation with appropriate federal, state and local governments and\nagencies, may promulgate regulations requiring the use of containment\nbooms or prestaging of response equipment around or at major facilities\nand vessels involved in the transfer of petroleum. The commissioner may\nconsult with interested groups and trade associations in developing such\nregulations. In adopting such regulations, the commissioner shall\nconsider factors, including but not limited to applicable federal laws\nand regulations, weather conditions, tides, health and safety of workers\nand product being transferred.\n 2. Whenever petroleum is transferred after sunset and before sunrise,\nlighting adequate to detect any petroleum discharge sh
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§ 174-a. Use of containment booms. 1. The commissioner, after\nconsultation with appropriate federal, state and local governments and\nagencies, may promulgate regulations requiring the use of containment\nbooms or prestaging of response equipment around or at major facilities\nand vessels involved in the transfer of petroleum. The commissioner may\nconsult with interested groups and trade associations in developing such\nregulations. In adopting such regulations, the commissioner shall\nconsider factors, including but not limited to applicable federal laws\nand regulations, weather conditions, tides, health and safety of workers\nand product being transferred.\n 2. Whenever petroleum is transferred after sunset and before sunrise,\nlighting adequate to detect any petroleum discharge shall be in\noperation.\n 3. The deployment of containment booms pursuant to this part shall be\nthe responsibility of the owner, lessee or operator of the vessels\ninvolved in a vessel-to-vessel petroleum transfer. The deployment of\ncontainment booms pursuant to this part shall be the responsibility of\nthe owner, lessee or operator of the major facility involved in a\npetroleum transfer between a vessel and a major facility.\n 4. (a) Any local law or ordinance which is inconsistent with any\nprovision of this part or any rule or regulation promulgated hereunder\nshall be preempted, except that any local law or ordinance of any\ncounty, or of any city of a population of one million or more, which is\ninconsistent with the provisions of this part or any rules or\nregulations promulgated hereunder shall not be preempted if such local\nlaw or ordinance provides environmental protection equal to or greater\nthan the provisions of this part of any rules or regulations promulgated\nhereunder, and such county or city files with the department a written\ndeclaration of its intent to administer and enforce such local law or\nordinance which is approved by the commissioner in written findings\nwhich set forth the terms of such approval.\n (b) Any owner, lessee or operator violating any provisions of this\nsection or any rule promulgated thereunder shall: (i) if the transfer\ninvolves and/or the vessel contains less than one million gallons, be\nliable for a penalty of not more than twenty-five thousand dollars for\neach offense in a court of competent jurisdiction; or (ii) if the\ntransfer involves and/or the vessel contains one million gallons or\nmore, be liable for a penalty of not more than fifty thousand dollars\nfor each offense in a court of competent jurisdiction. Every violation\nof this section shall be a separate and distinct offense, and, in case\nof a continuing violation, every day's continuance thereof shall be\ndeemed to be a separate and distinct offense.\n (c) All penalties and fines imposed under this section shall be\ncredited to the New York environmental protection and spill compensation\nfund pursuant to paragraph (a) of subdivision two of section one hundred\nseventy-nine of this chapter.\n