§ 177-a. Emergency oil spill relocation network.
1.The commissioner\nshall establish an emergency oil spill relocation network which shall be\nheaded by the commissioner of health and comprised of the appropriate\nservices from county and state health departments.\n 2. Such network shall be employed to provide an immediate response to\na discharge in any area of the state where the public health may be at\nrisk. Further, such network shall be employed in conjunction with the\ncleanup operations of the owner or operator, the department or any\nfederal agency.\n 3. The commissioner of health shall be first notified whenever an\napplication is made for emergency oil spill relocation.\n 4. The commissioner of health shall have the power to deploy such\nresources at his discretion to the
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§ 177-a. Emergency oil spill relocation network. 1. The commissioner\nshall establish an emergency oil spill relocation network which shall be\nheaded by the commissioner of health and comprised of the appropriate\nservices from county and state health departments.\n 2. Such network shall be employed to provide an immediate response to\na discharge in any area of the state where the public health may be at\nrisk. Further, such network shall be employed in conjunction with the\ncleanup operations of the owner or operator, the department or any\nfederal agency.\n 3. The commissioner of health shall be first notified whenever an\napplication is made for emergency oil spill relocation.\n 4. The commissioner of health shall have the power to deploy such\nresources at his discretion to the state and local health departments to\nmake an assessment of the possible health risks to persons residing in\nthe area of the spill site.\n 5. The commissioner of health shall determine the actual and necessary\ncosts of the relocation of individuals who, in his opinion, are exposed\nto health risks as a result of the discharge and certify the amount of\nsuch costs to the administrator. The certification by the commissioner\nof health shall be for a period of relocation not exceeding thirty days,\nprovided that the commissioner upon a further assessment of the possible\nhealth risks in the area of the spill site may extend such relocation\nfor successive thirty day periods. The certification by the commissioner\nof health shall not be admissible in any civil action in a court of law\nin regard to the issue of damages to the individuals certified for\nrelocation pursuant to this section.\n 6. Notwithstanding any provision of law to the contrary the\ncertification of individuals for relocation and its associated costs\nshall be an issue restricted to consideration as cleanup cost and shall\nnot be a determination of liability, nor shall it be admissible in any\ncivil action in a court of law in regard to the issue of damages to the\nindividuals certified for relocation pursuant to this section.\n 7. The commissioner of health may request and shall receive from the\ndepartment and any other state agency such assistance and data as will\nenable him to carry out his responsibilities pursuant to this section.\n