[Adopted 10-13-2015 by L.L. No. 8-2015]
This Legislature hereby finds and determines that in order to
provide adequate safety to the people of Albany County and to the
environment, Albany County Emergency Management must receive prompt
notification of crude oil spills.
This Legislature hereby finds and determines that Albany County
Emergency Management would be the first responders to a crude oil
spill and are charged with the task of and has the training to respond
to such spills.
This Legislature hereby finds and determines that without prompt
notification, Albany County Emergency Management cannot effectively
mitigate the devastating impact resulting from an oil spill.
This Legislature hereby finds and determines that response time
is critical in protecting the health, safety and welfare of the people
of Albany County.
This Legislature finds and determines that a drastic increase
of the transportation, storage and transfer of crude oil into Albany
County has occurred.
This Legislature finds and determines that this increase in
the amount of crude oil also increases the probability of a crude
oil spill that could trigger calamitous events inclusive of loss of
life absent prompt notification to Albany County Emergency Management.
This Legislature finds and determines that Bakken Crude Oil,
the primary oil arriving in Albany County, is extremely volatile and
flammable.
This Legislature finds and determines that a significant percentage
of the current transportation methods are antiquated and carry a substantial
risk of facilitating an oil spill.
This Legislature finds and determines that unreported oil spills
can cause significant health and safety hazards to the people of Albany
County and to the environment. This Legislature finds and determines
that some people within Albany County have a heightened exposure to
negative health and safety risks. If an oil spill were to occur, prompt
notification of the oil spill would provide the best method of mitigating
the damage to these people.
This Legislature finds and determines that without local notification
statutes, operators responsible for oil spills are incentivized to
attempt to avoid federal and state sanctions by performing the cleanup
themselves. An operator that performs the cleanup does not likely
have the people of Albany County and the environment as paramount
interests.
This Legislature finds and determines that this article will
provide a strong incentive for operators to disclose the occurrence
or threat of an occurrence of an oil spill to Albany County Emergency
Management.
This Legislature finds and determines that effective deployment
of emergency responders to combat the effects of an oil spill can
occur only if the emergency responders are promptly notified of the
oil spill.
Therefore, the purpose of this article is to permit the effective
deployment of emergency responders to mitigate the damages resulting
from an oil spill.
As used in this article, the following terms shall have the
meanings indicated:
Unrefined petroleum, including, but not limited to, Bakken
light crude oil and bituminous sands oil.
Calling the Albany County Emergency Management at (518) 487-5400
or, if not possible to contact Albany County Emergency Management,
911.
An owner or manager of a container, transfer facility or storage
facility which is or was used for the storage or transfer of crude
oil;
Any person in a contractual relationship with an owner or operator
who inspects, tests or repairs any portion of a container, transfer
facility or storage facility which is or was used for the storage
or transfer of crude oil;
Any person in actual or constructive control or possession of
the crude oil immediately prior to its release; or
A spill of crude oil in excess of five gallons where the
crude oil comes in contact with the ground or a body of water.
The stationary retention of at least 100 gallons of crude
oil in a container.
An abnormal event, unusual circumstances, accident or defect
that substantially increases the risk of a release of crude oil.
The movement of crude oil through any means from one storage
container to another container.
Any operator that knows of a release or threat of a release
of crude oil shall notify or cause to be notified Albany County Emergency
Management within 30 minutes of the release or threat of release,
provided that:
A.
Any owner or manager of a container, transfer facility or storage facility which is or was used for the storage or transfer of crude oil that fails to comply with § 210-16 of this article shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year, or both, for each violation. Each one-hour period that such violation occurs or continues shall be considered a separate violation.
B.
If any owner or manager of a container, transfer facility or storage facility which is or was used for the storage or transfer of crude oil knows of the release or threat of release of crude oil but has an honest, reasonable belief that either: 1) notification was not possible or 2) notification could not be provided without substantially impeding cleanup or other emergency measures, then no liability may be imposed until changed circumstances dictate that the belief has become dishonest, unreasonable, or both, at which point Subsection A applies.
A.
Any operator (with the exception of those persons defined in Subsections C and D of the definition of "operator" in § 210-15 of this article) that fails to comply with § 210-16 of this article shall be punished by a fine up to $20,000 for each violation. With respect to those persons defined in Subsection D of the definition of "operator" in § 210-15 of this article that fail to comply with § 210-16 herein, the employer of such persons shall be punished by a fine up to $20,000 for each violation. Each one-hour period that such violation occurs or continues shall be considered a separate violation.
B.
The Albany County Attorney's Office, on behalf of the County of Albany, shall have the exclusive power to enforce Subsection A. The Albany County Attorney's Office shall issue notification of the conduct that provides for the grounds for the fine in Subsection A and provide the opportunity to be heard prior to the enforcement and imposition of any fine. The County Attorney shall use any lawful means to enforce and to collect the fine imposed pursuant to this section.
A.
Any operator that stores, heats or transfers crude oil in the County
of Albany shall post and maintain a sufficient number of signs at
any storage, heating or transfer facility, stating:
"Any person who is aware of or becomes aware of a release of
crude oil or a threat of release of crude must immediately and without
any delay call Albany County Emergency Management at (518) 487-5400
or, if not possible to contact Albany County Emergency Management,
911."
Any owner or manager of a container, transfer facility or storage facility which is or was used for the storage or transfer of crude oil that fails to comply with § 210-19A of this article shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year, or both, for each violation of § 210-19A of this article. Each sign that is required but not posted or not in compliance shall constitute a separate violation of § 210-19A.
A.
Any operator (with the exception of those persons defined in Subsection D of the definition of "operator" in § 210-15 of this article) that fails to comply with § 210-19A of this article shall be liable for a fine up to $5,000 for each violation. With respect to those persons defined in Subsection D of the definition of "operator" in § 210-15 of this article that fail to comply with § 210-19A herein, the employer of such persons shall be punished by a fine up to $5,000 for each violation. Each sign that is required but not posted or not in compliance shall constitute a separate violation of § 210-19A.
B.
Any operator (with the exception of those persons defined in Subsections C and D of the definition of "operator" in § 210-15 of this article) that intentionally or knowingly fails to comply with § 210-19A shall be punished by a fine of not more than $10,000 for each violation. With respect to those persons defined in Subsection D of the definition of "operator" in § 210-15 of this article that intentionally or knowingly fail to comply with § 210-19A herein, the employer of such persons shall be punished by a fine up to $10,000 for each violation. Each sign that is required but not posted or not in compliance shall constitute a separate violation of § 210-19A.
C.
The Albany County Attorney's Office, on behalf of the County of Albany, shall have the exclusive power to enforce Subsections A and B. The Albany County Attorney's Office shall issue notification of the conduct that provides for the grounds of the fine in Subsections A and B and provide the opportunity to be heard prior to the enforcement and imposition of any fine. The County Attorney shall use any lawful means to enforce and to collect the fine imposed pursuant to this section.
A.
Nothing in this article shall be construed to limit, deny or abridge
in any manner any criminal or civil liability resulting from federal,
state or other local law.
B.
Nothing in this article shall affect any federal, state or other
local law or the authority of the federal government, any state government
or the local government to adopt or enforce any federal, state or
local law.
This article shall become effective 60 days after its filing
with the Secretary of State.
