New York Codes, Rules and Regulations
Title 2 - DEPARTMENT OF AUDIT AND CONTROL
Chapter VII - New York Environmental Protection And Spill Compensation Fund
Part 402 - Claims Against The Fund For Damages
Section 402.5 - Initial processing of a claim for damages
Universal Citation: 2 NY Comp Codes Rules and Regs ยง 402.5
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Where a claim for damages involves a known discharger or alleged discharger, the rules on notice to the person alleged to have caused the discharge are as follows:
(1) Upon receipt of a claim, the
administrator shall notify the person alleged by the claimant to have caused
the discharge, by mailing a notice of claim, a copy of the claim and, where
appropriate, a copy of any supporting documents or materials, by registered or
certified mail, return receipt requested.
(2) If the administrator has reason to
believe that someone other than the person alleged by the claimant caused the
discharge, the administrator shall mail a notice of claim, a copy of the claim
and, where appropriate, a copy of any supporting documents or materials, by
registered or certified mail, return receipt requested, to such
person.
(3) Notice pursuant to this
section shall be in such form as the administrator may prescribe from time to
time, and shall inform the person alleged to have caused the discharge that he
may, within 15 business days of having received notice of the claim, file an
answer, including supporting documents if any, with the administrator:
admitting the discharge, denying the discharge or taking no position with
respect to the cause of the discharge and agreeing with the amount of the
claim, disagreeing with the amount of the claim or taking no position regarding
the amount of the claim.
(4) Not
less than seven days after the receipt of an answer or, if no answer is filed,
not less than seven days after the expiration of the time for answering, the
administrator shall make a determination, if possible, based upon the
information set forth in the claim, the answer and other information which may
be submitted to the administrator, of the identity of the person who discharged
the petroleum. The administrator shall immediately notify the claimant, the
alleged discharger and any other affected parties of his
determination.
(b) Where a claimant has not set forth the name of a person alleged to have caused the discharge and the administrator cannot determine the source of the discharge, the administrator shall attempt to arrange a settlement of the claim against the fund. The administrator may enter into a settlement with the claimant in accordance with the applicable provisions of section 402.6 of this Part concerning the settlement of claims before the fund.
(1) If the administrator arranges a
settlement of the claim, the administrator shall certify the amount of the
claim and the name of the claimant to the State Comptroller, and the State
Comptroller shall pay the same from the fund.
(2) If the administrator does not arrange a
settlement of the claim, the administrator shall convene a board of arbitration
pursuant to section 185 of the Navigation Law.
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