HomeMy WebLinkAboutOil SpillU
Region 10 Office: New York State Office Building
NEW YORK STATE
DEPAI: ~NT OF TRANSPORTATION//.-77~/~,.
Willi,~m C. Hennessy, Commlssloner
Veterans Highway, Hauppauge, New York 11787
February 8, 1980
Mr. Raymond C. Dean
Superintendent of Highways
Town of Southold
Peconic Lane
Peconic, N. Y. 11958
?OWN OF $OUYHOLD
Dear Mr. Dean:
Groundwater Contam~natlon
Mattituck, New ¥o~k
011 Spill No. 79-0110~---~'----~
As per our telephone conversation of Februaw 4, 1~80, this
letter is to inform you of this Departm~ent's acti~s in the
Mattituck area.
We have received notification from the Suffolk County Health
Department concerning the contamination of privCte drinking ~ater
wells in the Pike Street area of Mattituck.
Initial investigative activities have included the testing of
various existing'storage tanks in the area and the installation Of
observation wells along Main Street, Wickham Street and Pike
Street.
The observation wells shall be used for monitori.ng ~n8 ~ater
q~ality purposes. The wells may remain in place for as long as
six months, pending water quality analyses.
upon removal of these observation ~ells, the area ~ll be
restored to its o~iginal condition.
Thank you for your assistance in this matter and Should you
have further questions, feel free to contact t~is office at 516-
979 5082 or 5030.
Very truly yours,
Oil Spill Engineer
LAWRENCE PETEREC, P,E,
NEW YORK STATE DEPARTMENT OF TRANSpOF~TATION
DARREL KOST
-- VESSEL OR~a~j[L]l T, ~mm~,, .............
PROPRIATE AGENCY OF THE UNITED STATES GOV-
ERNMENT. ANY SUCH pERSON WHO FAILS TO
NOTIFY IMMEDIATELY SUCH AGENCY OF SUCH DIS-
CHARGE SHALL, UPON CONVICTION, BE FINED NOT
MORE THAN $10,000 OR iMPRISONED FOR NOT
MORE THAN ONE YEAR, OR BOTH.
*FEDERAL WATER POLLUTION CONTROL ACT,
SECTION 311(b}(5).
REPORT
OIL OR CHEMICAL SPILL
TO THE COAST GUARD
TOLL FREE NUMBER
~YT!ME
LAWS OF NEW YORK, 1977
CHAPTER 845
AN ACT to amend the navigation law, the highway law, and the state finance
law, in relation to prohibiting the discharge of petroleum, providing for the
clean~:p and removal of any s~ch discharge, establishing an environmental
protsction and spill compensation fund, providing for the raising of revenues
therefor, in order to protect the environment and .conomy of this state
Became a law August 11, 1977, with the approval of the Governor. Passed on
message of necessity pursuant to Article III, section 14 of the Constitution, by a
majority vote, three-fifths being present.
The People of the State of New York~ represented in Senate and Assemblg. do
enact as follows:
Section 1. Article twelve and sections one hundred sixty through one hundred
sixty-four of the navigation law are hereby renumbered*to be article thirteen and
sections two hundred through two hundred four, respectively.
§ 2. Such law is hereby amended by adding thereto a new article, to be article
twelve, to read as follows:
ARTICLE 1~
OIL ,SPILL PRE I'EN TION. CON TROL. . I A'D ('OM PE.V~q. t ?'IOA'
Part On~ General Provision,~.
Two Oil Spill Cleanup and Removal; Licenses.
Thr~e New }~rk Environmental Protection and Spill Compe~vatton Fund;
Liability: Third Party Compensatioo.
Four Miscellaneous.
PART ONE
. Go~'ral provisions
Section 170. Legislati~ intent.
171. Purposes.
17~. Definitions.
§ 170. Legislative intent. The legislature ,find.~ and declares that .Vew }'orL'~
lands and waters constdute a unique and delicately I~donced resm(ree: lhat the
protection and preservation of these lands and u~tees promotes the health, sqfety ami
we(fare of the people of this state; that the tourists and reervation indnslry depe,de~t
on clean waters and beaches is vital ta the economy of this state: that the state ~s the
trustee, for the benefit of its citizens, of all natural resources a,ithio ils .]~tr~'sdicthm:
and that the storage and transfer of petroleum between ressels, between .foc~'lil[es and
vessels, and between facilities, whether onshore or offshore, is o hazardm~s
undertaking and imposes risks of damage to persons and property withgn this state.
The legislature finds and declares that the dischar.qe of petroleum within or onlside
the jurisdiction of this state constitutes a threat to the economy and environment of
this state. The legislature intends by the passage of th ~s article to exercise lh~~ powers af
this state to control the transfer and storage of petroleum and to provide liability for
damage sustained within this state as a result of the discharye of said petrolel~m by
requiring prompt cleanup and removal of such pollution and petroleum, and lo
provide a fund for swift and adequate compensation to resort businesses and other
persons damaged by such discharge.
§ 17l. Purposes. It is the purpose of this arth'le to ensnre a ('lean environment
and healthy economy for the state by preventing the unregulated diseharye ~
petroleum which may result in damage to lands. ~vaters or nataral resources of the
state by authorizing the department of transportation and the deportment of
environmental conservation to respond quickly to snch discharyes and effect prompt
cleanup and removal of such discharges. ~iving first priority to minimizing
[CHAP. 845] 12
The Legislature of the ]
S'rA~r~ or NEw YORK~ ss,.
Par,,!~ant to the authority vested in us by section 70-b of the Public Officers
l,aw, we hereby jointly certify that this slip copy of this session law was printed
under our direction, and, in accordance with such ~ction is entitled to be read
into evidence,
WARREN M. ANDERSON STANLEY STEINGUT
Temporary President of the Senate Speaker of the Assembly
NEW YORK STATE
DEPARTMENTOF TI~NSPORTATION
William C. Hennessy, Commis~ioflet
1220 Washington Avenue, State Campus, AIbeny, New York 12232
RECEIVED
APR 1979
To Major Petroleum Fecilities:
Attached for your information find copy of Chapter 458 of the Laws
of 1978 ~flich repeals the financial responsibility of requirements
of Article 12 of the Navigation Lay. This was signed into law July
3, 1978 and is retroactive to April 1, 1978.
Note that facilities will still be liable for cleanup costs up to a
-~imum of fifty million dollars, but they will no longer have to
file evidence of financial responsibility to obtain a Major' Petroleum
Pacility License.
We urge those major facilities that have not yet filed license ap-
plication, to do so at once in order to comply with the law and
avoid penalty.
Sincerely yours,
~HNP. DUGAN,~irector
OSPA¢ Bureau
STATE OF NEW YORK
Rec. No. 470
· 30034-A
IN ASSEMBLY
· MaY 22, 1978
Senate bill. Pr.' Nb. 7404, Ree, No. 4'/0 by ~en[ .C.'AEMMERER, B. C.
SMITH--resd onc~ ~ ~fe~ m ~he ~mmit~e on Environmental
commit~ with ~dmenm, oMe~ mpfin~ m amend~ ~d ~om-
mit~ to ~id ~mmittm * ,
~a~m of ~1~ aN ~ r~l pm~Ph (~) ~ su~s~ nine and
i ~tion. L Ps~rsph {~) of su~ivision nine of ~tion one hund~
2 fo~ of [he ~vi~tion ~w is hereby ~.
3 S'2. Su~ivbion mn o~ ~tion one h=~ Mventy-~our of ~uch lsw
4 hereby re~. ' ,
5 ' ~ 3, ~tion one hund~ e~hty~ne of such [sw, ~' ~ by ehspcer
6 hund~ fo~y-five, o~ the i&w~ of ni~h hund~ ~venty-Mven, ~ hemb5
10 ~ md }ndi~t d~, no ma~k by whom ms~in~, m defi~ in thi~
12 2. ~e fund s~l{ ~ stH~ly.l~bie, wi~out ~ m fa~t, for all cl~up ~d
13 ~mov~ ~ a~ mil ~t ~d ~di~ d~, no minter by whom
15 (a) The ~t of ~ring, ~pai~ng, or rep{~g tony ~ ~ ~n~ p~p~ty
16 ~ or d~tmy~ by a d~h~e, any in.me lo~ from the time such
18 ~y ~uction in value of ~ch p~rty ~ by tach d~ by ~mp~n
19 with i~ value prior the~;
20 (b) ~e c~ of ~tion mhd ~p~em~t, whe~ ~ible, of any
21 ~ dam~ or d~tmy~ by m d~;
(e) ~ ~ in.me or im~ent of ~g ~p~ity due ~ d~e to r~l
I discharge; provided th~ such Io~ or imp~ent exes ~n ~nt of ~e
2 a~o~ 'wh~h c~m.~t ~riv~; ~ u~n i~me ~ ~ r~ts,
3 'excl~ive~f o~cr ~ of in~m~ from ~vit~ ~la~ ~ the p~i~r ~1
4 or p~t p~y ~ n~u~ ~u~ d~ or d~my~ by ~eh
5 ~ duH~ the w~, mon~ or ye~ fOr wh~h the cl~m ~ fil~l; - ·
'6 (d) ~ o( ~ ~veaue. ~ ~e s~ or I~ go~r~ents for a ~H~ of one
7 y~ due ~ dam~ ~ ~1 or ~1 pm~y pmxi~ly ~ulting from a
8 d~h~e; · ,
9 (e) In~t on l~s ob~n~ or other obli~ti~s incu~ by ~ ~l~m~ for
10 ~he pu~ of ~eli~t~g ~e ~ ~f~ of ~ ~M~ ~ding the
.24 D~ligen~ or wR~ul ~ueg ~ ~e kn~e ~d ~ity ~ ~e owner,
NEW YORK STATE
DEPARTMENTOF TRANSPORTAI'ION
1220 Washington Avenue, State Campus, Albany, New York 12232 ~.~,~
July 18, 1978
To Major Eetroleum Facilities:
Before April 1~ 1978, the notification procedure for reporting oil
spills in New York State was to call the Department o£ Environmental
Conservation, As of April 1 the New 011 Spill Le$islation deslsnated
the 'Department of Transportation as the lead asency [or cleanup of
spills.
The phone number [or notification remains the same, (518-4~7-7362),
but now we ask you to chanse the listin$ in your SPCC Plans, Spill
Instructions and Procedure Manuals to denote said phone number as
N.Y. State Department of Transportation (instead of Encon.). Upon
receipt of repor~ of a spills we in turn notify Department of Environ-
~ental Conservation.
Thank you for your cooperation in this matter.
Sincerely yours~
0il Spill Prevention and Control Bureau
..~r1~3 / ~sa)
311 Spill Prevention led Control RUrlIU
~et~vavs Meintlrmnce Subdivision
:YS Oepmtrnen! Of Tran$1~ortlfion
220 Weahington Avenue
~l~ny, New York 12232
;. Name of Company
3. City
4. Name of Facility
APPLICATION FOR
MAJOR PETROLEUM FACILITY LICENSE
Pursuant to Article 12, Navigation Law
2. Street Address
4. County IState
5. Street Address
6. City Countv
7. Federal Employer ID No.
8. Name of Person to Contact
Coda
State [Zip Code
9. Area Code/Phone No.
10. Legal Agent in .~lew York State for Service of Process as Filed with Secretary of State
Name Street Address
City State Zip Code Date Filed with Secretary of State
11. Type of Major Fecilitv
I. I-I Storaga Terminal c. [] Vessel e. [] Refinery g. I"1 Well
b. [] Drilling Platform d. [] Pipeline f. [] Other - Specify:
12. Petroleum Products Stored and Transferred (Enter this information on back of application )
13. Yes No Does thil facility have a Spill Prevention Control and Count~rmec~ure (SPCC) Plan? If
14. I'1 [] Does this facility have an Operations Plan on file with the Coast Guard? If yes, attach ee~
15. [] I'1 Does this facility have any uncorrected violations cited by the Coast Guard? If yes, attach an
explanation.
16. I'1 [] Does this facility have a plan as described in Part 30.5 (a) (3), Title 17, Official Compilation of
Codes, Rules & Regulations of State of New York? If yes,
17. [] I'1 Il this facility's SPCC Plan, Coast Guard Plan, or other plan fully implemented? If not, when will
implementation be complete? Date
18. I'I [] His NYS Dept. of Environmental Conservation certified that this facility meets the .<tandards
contained in Subdivisions 3 and 8 of Section 174 of the Navigation Law. If so, attach a copy of
certification. If not, forward al soon as certification is received.
19. [] Is thio facility a member of · Discharge Clean-up Organization or Cooperative? If yes, name of
Organization
20. I'1 Does this facility contract for Discharge Clean-up Services? If yes, name of contractor
[]
ri
Ph~a-~al Resp~ctions )
0 I~ca LJ' ;.~ratv Rands..,
[] Self-Insurer
County of
State of New York
SS:
being duly sworn deposes and says that he is the of
name title
, that he has b~ep authorized to sign this application for such
corporation or company
corporation or company and that all information contain)ed in this application is true and correct to the bast
of his/her k~owledge and belief.
Signature
Sworn to before me tt~s day of ~9 .... Notar'v Pub!ic
NUMBER S ORAGECAPACITY
PETROLEUM PRODUCT OF TANKS
GALLOI~ S BARRELS
AVERAGE DAILY
THROUGHPUT-BARRELS
TOTALS
'}-*' ~' DESK MEMO
DATE:
] Review & Comment
] Note & (.ircuiate
] Prepare Reply FOr
] Coordinate With
] Return Attachments
] See Me
$ignatur*!
ME~AGE
DM If (8/75)
~ DESK MEMO
DATE
] Review& Comment [] Coordinate With
[] Note&Circulate [] Return Attachment, [] See Me
] Prepare Reply For Signature
DM If (8/75)
~ign&ture
NEW Y~.,)HK $[A1E
DEPARTME~OF TR~PORT~31ON
1220 Wed,,agtun Avmtue. Slate Cdmpu~, Albelt¥. New York 12232
whic~ e~si~s the pri~,u~y responsibility for the prevention, conte/nment,
·ud cle~up of o11 spills to the New York State Department of Trmlsportation.
av~l~le eq~pm~t fr~ to~ ~d co~y bt~w~ ~pa~nts that c~ be
~ed ~o contra or cle~up ~ o11 spill.
To assist u~ in implementing this requ/rement, please complete the enclosed
fo~m. Equ/pmcpt Inveatory - Local Hi,away Depart~aeat. A lis~ of equipmeat
~/th a correspondin6 group code la encXosed to assist you In comgletlag the
for~. Please return the completed ~or~ ~o:
Oil Spill Preven~loa and C~ntrol Bureau
Waterways Malateaaace
NY~ ~pa~nt of
X220 ~hLn~ &venw
~b~y, MY ~2~
you for you~ cooperation.
Equipment Inventory - Oil Spill Control Network
Group Cotie
Equipment Code Equipment
D32
D73
D83
D65
100
110
Ell
G31
D83
120
121
130
A21
140
G69
150
131
152
160
170
Air Compressors
Backhoes E35
Bulldozers
B29
Cranes Bll
Drums, Open Top A22
F~rchmovers B95
Front End Loaders G27
Generators B87
Graders A32
Hoses, Discharse C31
Hoses, Suction
Hydroblastin8 equipment
Llshcs
Hlnibuaes
Oil/Water Separators
Pumps
Radios, Field
Radios, Portable
Radios, Walkie Talkie
Skip Loaders
Spraying Equipment
Straw Blowers
Trucks, Dump
Trucks, Flatbed
Trucks
Trucks
T~ucks
Trucks
Trucks,
Trucks,
T~ucka,
Forklift
Gang
Hydraulic Li~t
Pick-Up
Suburban
Utility
Vacuum
Truck Tractors
Vehicles, 4-~heel Drive
Water Trailors
~Al£. ' OESK MEMO
FOR DEPARTMENT USE ONLY
Damage Claim No.
State of New York
Department of Audit and Control
APPLICATION FOR DAMAGE COMPENSATION
from
New York State Environmental Protection
and Spill Compensation Fund
All claims must be typewritten or printed legibly in ink. Fach question must be answered or marked
as not applicable. Any question may be answered on a separate sheet showing the number of the question
to which the separate sheet refers, and attached to this application. All documents submitted with this
claim will be retained by the Department of Audit and Control and will be available for public inspection
in accordance with the proviisions of Article 6 of the Public Officers Law (Freedom of Information Law).
1. Name of Claimant(s):
(hereinafter referred to as "claimant" whether one or more).
Claimant is: ( )individual(s) ( )p~rtnership ( )corporation
( ) unit of IocaJ government ( ) unit of State government
Permanent address of claimant:
Number Street Apt. No.
City State
Mai ling address of claimant: (If different from address In Item
Zip Code
Number Stleet Apt. No.
City State Zip Code
If it is requested that notices regarding this claim be sent to a person other than claimant,
please state:
Name of Person
Number Street Apt. No.
City State Zip Code
Relationship to claimant:
If c~aimant is a partners!hip, list the names and addresses of general partners on a separate sheet
and attach hereto. If claimant is a corporation, list names and addresses of directors and princi-
pal officers and plan of incorporation on a separate sheet and attach hereto.
CLAIMANT HEREBY CLAIMS TO HAVE SUFFERED DAMAGES TO REAL ESTATE OR PER -
SONAL PROPERTY OR NATURAL RESOURCES OR LOSS OF INCOME OR LOSS OF TAX
REVENUE OR HAS INCURRED INTEREST COST ON LOANS AS A RESULT OF A DISCHARGE
OF PETROLEUM (AS DEFINED BY ARTICLE 12 OF THE NAVIGATION LAW OF THE STATE
OF NEW YORK), AS SE'r FORTH BELOW:
7. Precise Location of Discharge:
Date of Discharge:
Starting Time of Discharge:
8. Person or entity believed to be responsible for the-discharge (I,dicat* if discharger is unknown):
Name
Number Street
City State Zip Code
Check one: ( ) Individual ( ) Partnership ( ) Corporation
( ) Federal Government ( ) State Government ( ) Local Government
9. Please describe in detail the basis upon which you believe that the person or entity listed above
in item No.8 is responsible for any damage or loss of income you claim to have suffered:
10. Names and addresses of witnesses or other persons having relevant knowledge of the discharge
(attach additional sheet~;, if necessary):
11. Has the person or entity in item No. 8 admitted responsibility for the discharge in connection
with which this claim if filed? ( )Yes ( ) No
If so, please indicate when, where, by whom or if in writing attach a copy.
12. Has the person or entity listed ~in item No. 8 admitted liability for the amount of damages and/or
loss of income for which this claim is filed? ( ) Ye~ ( ) No
If So, please indicate when, where, by whom or if in writing attach a copy.
13. Names of any public agencies (local or state police and other local, state or federal agencies)
who are known to have investigated the discharge:
14. Is claimant covered by any insurance policies which insure or which claimant believes insure
against the damage to real or personal property or Joss of income or tax revenue for which this
claim is filed? ( ) Yes ( ) No
If so, please enter:
a. Name and address of insurance company:
Number Street
City State Zip Code
b. Policy Number(s):
15. Have you made a claim or do you intend to make a claim against anyone other than the Fund for
any of the losses or expenses claimed Jn this application? ( I Yes ( ) No
If so, please enter the names and addresses of all persons and insurance companles against
whom you have made, o,r intend to make, such claims .
-4-
16. Have you received .ar do you expect to receive any reimbursement from anyone for the damages
claimed herein? ( ) Yes ( ) No
If so, please enter the details.
17. Has any of the damage as set forth herein been repaired? ( ) Yes
If so, by whom, where and what was the cost of said repairs?
No
18. Please furnish any other information which you believe to be pertinent to this claim.
Claimant hereby consents to the inspection of the real estate and personal property claimed to have
been damaged in this claim b~ agents or representatives of the State of New York, or a Board of Arbitration,
or the party responsible for the discharge and hereby grants permission to said agents or representatives
to enter the damaged real estate or the location where damaged articles of personal property are located
and to review all records upan which a claim for loss of income or loss of tax revenue is based.
Claimant hereby represents and warrants that all information contained in this claim including
attachments, are true and correct to the best of claimant's knowledge and belief and the person signing on
behalf of claimant, if claimant is other than individual, hereby warrants that (s)he is duly authorized to
make and to fi~e this claim. If any circumstances, as stated in this claim, change, claimant will notify
the ~:und Administrator within forty-eight hours.
Claimant, by his signat~Jre hereon, hereby states that to the best of his knowledge the damage claims
set forth herein represent all damage to claimant arising out of the incident and claimant understands that
pursuant to 2 NYCRR402.4, damages omitted from this claim, upon a settlement or an award of damages
from the /~und based on said claim, are deemed waived.
-5-
Signed at
Municipali~
on the day of
CLAIMANT:
State
(Signature)
(Print Name)
Now personally appeared
before me and made oath that all of the foregoing is true to the best of his(her) information, knowledge
and belief.
(Notary Public or Attorney at Law)
The claimant must complete only the attachments required for the types of damages claimed:
Damage to Personal Property ( ) Check if applicable. (Personal property means tangible
property of all types other than real property and includes any right, title or interest in or to
such tangible proper~ly.) Complete Attachment A.
Damage to Real Estate ( ) Cl~eck if applicable. ("Real Estate" means real property or any
right, title or interest in or to real property and includes easements of all types.) Complete
Attachment B.
C. Loss of Income ( ) Check if applicable. Complete Attachment C.
Do
Damage to Natural Resources ( ) Check if applicable. (Natural Resources include land,
fish, shellfish, wildlife, biota, air, waters and other such resources owned, managed, held in
trust or otherwise controlled by New York State. Therefore, claims for this may only be made by
a State Agency.) Complete Attachment D.
E. Loss of Tax Revenue ( ) Check if applicable. Applies only to State and Local Government
and excludes real property taxes. Complete Attachment 'E.
F. Interest Cost on Loans, or Other Obligations ( ) Check if applicable. Complete Attachment F.
ATTACHMENT A
PERSONAL PROPERTY
Claimant hereby claims to haw~ suffered damages (including destruction or loss of value) to personal
property as follows:
a. Date(s) of discovery of damage:
b. location of personal property at time of damage:
c. Description of personal property which was damaged:
d. Description of damage (if destroyed, so state):
e. Original cost of personal property:
f. Date acquired by claimant:
(attach copy of salesllp, certificate of title, bill of sale, etc., as applicable, evidencing owner-
ship, if available)
g. Value of personal property at time of damage:
h. Estimation of total dc~mage to personal property; its value at time of destruction, if destroyed;
or its loss of value. At least two estimates are required from established and recognized apprais-
ers, suppliers or repair services on their business letterhead. Attach estimates to this applica-
tion. Estimates for multiple items must show detail for each.
Estimate 1
$ from:
Name
Number Street
City State Zip Code
E~stimate 2
$ from:
Name
Number Street
City State
i. Location where personal property may be inspected:
Number Street
City State
Zip Code
Zip Code
ATTACHMENT B
REAL ESTATE
Claimant hereby claims to have suffered damage (including destruction or loss of value) to real estate as
follows:
a. Date of damage:
b~ Precise location of real estate:
Number Street
City State Zip Code
c. Description of the pradominam use of the damaged real estate (residential~ commercial, etc.).
Also, please describe the type of residential, commercial or other use:
d. Description of damage:
e. Estimation of total damage (cost of repairs, vaJue of property before destruction or loss of value)
to real estate. At least two estimates are required from established and recognized appraisers,
suppliers or repair services on their business Jetterhead. Attach estimates to application. EstJ-
mates for multiple items must show detail for each.
Estimate 1
$ from:
Name
Number Street
City State Zip Code
E~stimate 2
$ from:
Name
Number Street
City State Zip Code
If claimant is the sole legal and beneficial owner of the ~eal estate, so indicate and attach a
certified copy of the deed, title opinion, title policy or other document evidencing such owner-
ship. If c~aimant is not the sole legal and beneficial owner of the real estate, so indicate and
describe in detail claimcmt's interest in the real estate and attach a copy of any lease, trust
agreement or other document evidencing such interest.
ATTACHMENT C
LOSS OF INCOME
Claimant hereby claims to have suffered a loss of income or impairment of earning capacity as follows:
( ) As owner of real or personal property damaged or destroyed by a discharge.
) As a claimant suffering loss of earning or impairment of earning capacity due to damage
to real or personal property, inc[uding natural resources, not owned by claimant. Such
loss or impairment must exceed ten percent of amount which claimant derives from
activities related to the particular real or personal property or natural resources destroyed
or damaged.
a. Total amount claimed: $
b. Period of time for which loss of income is claimed:
c. If more than 12 months is involved, please specifically indicate, on an attached schedule, how
much is claimed for each calendar quarter commencing with the date of the discharge.
d. Please describe, on an attached schedule and in as much detail as possible, the precise manner
in which claimant has calculated the total amount of loss of income claimed.
e. Is all income, sales and other accounting or financial information on the basis of which, in part
or in whole, the claimant has claimed loss of income, available for inspection and audit?
( ) Yes ( ) No
If yes, explain where information can be obtained. If no, explain why information is unavailable.
Has any income, sales and other accounting or financial information on the basis of which, in
part or in whole, the claimant has claimed loss of income been audited? ( ) Yes ( ) No
If yes, give name and address of auditor, date of audit and attach copies of relevant audited
statements.
ATTACHMENT D
NATURAL RESOURCES
Natural resources include land, fish, shellfish, wildlife, biota, air, waters and other such resources
owned, managed, held in trust or otherwise controlled by New York State. Therefore, claims for this may
only be made by a State agency.
Claimant hereby claims to have suffered damage to natural resources as follows:
a. Date of damage:
b. Precise location cf natural resources:
c. Describe the natural resources affected by the petroleum spill.
d. Describe the nature of the damage and its effect on the natural resources.
e. Estimation of total damage to natural resources. Attach a detailed list of all natural resources damaged,
their replacement or restoration cost and a plan for the replacement or restoration.
ATTACHMENT E
LOSS OF TAX REVENUE
Claimant hereby claims to haw~- suffered a loss of tax revenue as follows:
a. Total amount c~aimecl: $
b. Period of time for which-loss of tax revenue is claimed:
Please describe in detail on an attached schedule the precise manner in which claimant has
calculated the total c~mount of loss of tax revenue claimed.
d. Is all financial inforn~ation on the basis of which, in part or in whole, the claimant has claimed
loss of tax revenue, available for inspection and audit? ( ) Yes ( ) No
If yes, explain where information can be obtained. If no, explain why information is unavailable.
e. Has any financial information on the basis of which, in part or in whole, the claimant has claimed
~oss of tax revenue been audited? ( ) Yes ( ) No
If yes, give name and address of auditor, date of audit and attach copies of relevant audited
statements.
· ATTACHMENT F
INTEREST COST
Claimant hereby claims to have incurred interest cost on loans, or other obligations, as a result of
damages suffered due to this discharge of petroleum.
a. Time period of loan(s):
b. Bank(s), lending institution(s) or other source(s) of loan:
c. Reason(s) for loan:
d. Total amount of Ioa~(s): $
e. Total cost of interest for loan period (attach evidence of loan which shows principal and in-
terest costs): $
JUDITH T. TERRY -
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
$outhold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
March 21, 1979
Lawrence Peterec, P.E.
Regional Oil Spills Engineer
N.Y.S. Department of Transportation
New York State Office Building
Veterans Highway
Hauppauge, New York 11787
Dear Mr. Peterec:
In accordance with your telephone conversation
today with Mr. Franklin Bear, I am enclosing a resolution
adopted by the Southold Town Board on July 11, 1978
in which Highway Superintendent of the Town of Southold
is designated to work with the N.Y.S.D.O.T. in the
organization of the Emergency Oil Spill Control Network.
Our Highway Superintendent is Raymond C. Dean.
His office telephone number is 765-3140, and his home
telephone number is 477-0335.
Very truly yours,
Judith T. Terry
Town Clerk
Region 10 Office: New York State Office Building
Veterans Highway, Hauppauge, New York 11787
January 19, 1979
Mr. Albert Martocchia, Supervisor
Town of Southold
Town Hall, Main Road
Southold, N.Y. 11971
NEW YORK STATE
DEPARTMI OF TRANSPORTATION
William C. Hennessy, Commissioner
Dear Sir:
Re: 0il Spi~ll Program
Meetiug - Feb. 5, 1979
On February 5, 1979 at 10:00 A.M. there will be a meeting to discuss the
recently enacted Oil Spill Prevention, Control aud Compensation Law, in
the Legislative Auditorium at the Riverhead County Center.
The meeting will involve the six eastern towns of Suffolk County, the
Suffolk County Department of Environmental Control, the N.Y.S. Department
of Environmental Conservation and the N.Y.S. Department of Transportation.
Following are some of the subjects that will be discussed:
1) Notifieation of Oil Spills
2) N.Y.S. Dept. of Transportation Oil Spill Bureau
3) County ~nd Town Oil Spill Response Units
4) Emergency Oil Spill Control Network
5) Reimbursement of Cleauup Expenses
6) Third P~rty Claims
7) Licensing end Inspection of Facilities
8) Enforcement; Penalties
At the time of the meetlug I would appreciate a listiug, with telephone
numbers, of all iudividuals iuvolved in your Oil Spill Program.
If you have any questions, please contact the undersigned.
Very ~truly yours,
LAWRENCE PETEREC, P. E.
Regional Oil Spills Engineer
Telephone: 979-5030
.JUDITH T. TERRY
TOWN CLERK
I~EGISTRAR OF VITAL STATISTICS
K
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-180!
July 12, 1978
Hon. Austin H. Emery
Regional Director
N.Y.S. Department of Transportation
New York State Office Building
Veterans Highway
Hauppauge, New York 11787
Dear Mr. Emery:
Transmitted herewith is resolution adopted by
the Southold Town Board on July 11, 1978 in connection
with oil spills.
Very truly yours,
Judith T. Terry
Town Clerk
RESOLUTION
~aereas. Section 177 o£ the Navigation Law provides £or the creation of
an Emex~ency Oil Spill Control Network to be comprised of available equipment
from to~rn and county highwuy departments and from the New York State Depart-
ment o£ Transportation; and
Whereas, Part 33 o£ 17 New York Code o£ Rules and Regulations provides
that the New York State Department of Transportation shall maintain an inventory
of available town and county equipment which is capable o£ being used to clean
up petroleum discharges, that the New York State Department of Transportation
is authorized to make use of such equipment and operators as are available
for the purpose of petroleum discharge cleanup, and that the State may process
and pay claims £or reimbursement for the costs of the usage o£ such equipment
and operators; and
Whereas, the TOWN OF SOUTHOLD has been requested by
(name of municipality)
the New York State Department of Transportation to participate in the
Emergency 0il Spill Control Network; and
Whereas, it is in the best interests o£ the TO~N OF SOUTHOLD
(name o£ ~,n~cipality)
to insure that all petroleum discharges within the boundaries o£ the
TOWN OF SOUTHOLD or in adjacent areas are promptly cleaned up.
(town or county)
Now therefore, the SOUTHOLD TOWN BOARD thereby Resolves~
(name o£ legislative body)
The SOUTHOLD TOWN SUPERINTENDENT OF HIGHW-AY~s authorized to
(County Superintendent of Highways or
municipal equivalent)
cooperate with the New York State Department o£ Transportation in the
organization o£ the Emergency 0il Spill Control Network and to participate
therein.
-2-
OF HIGHWAYS
TheSOUTHOLE) TOWN SUPERINTENDENT is authorized to provide
(County Superintendent of Highways
or municipal equivalent)
all useful men and equipment, upon the request o£ the New York State
Department of Transportation, for the purposes of petroleum dis-
charge cleanup.
HIGHWAYS
3. TheSOUTHOLD TOWN SUPERINTENDENT OF is authorized to seek f~ll
(County Superintendent of HiEhways
or ~m{cipal equivalent)
reimbursement from the State for all such costs incurred.
HIGHWAYS
4. TheSOUTHOLD TOWN SUPERINTENDENT OF is authorized to perform all
(County Superintendent o£ Highways
or municipal equivalent)
other acts necessary and appropriate for the establishment and function-
lng of the Emergency 011 Spill Control Network and/or £or the purposes
o£ petroleum discharge cleanup.
Dated: July 11, 1978
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
JUDITH T. TERRY
TOWN CLERK
STATE OF NEW YORK
COUNTY OF SUFFOLK
Office of the Clerk of the
TOWN OF SOUTHOLD
(SEAL)
This is to certify that I, Judith T. Terry, Clerk of the Town of Southold, in
the said County of Suffolk, have compared the foregoing copy of resolution
with the original resolution now on file in this office, and which was passed
by the Town Board of the town of Southold in said County of Suffolk, on
the ..... .1..1...t..h... day of ............ ..J.u..1. y. .............. 19...7...8.., and that the same Js
o correct and true transcript of such original resolution and the whole thereof.
In Witness Whereof, I hove hereunto set my hanc~ and affixed the seal
of said Town this 12th day of July 19 78
..<.~.~...(. ................ ...~-~.....~..~
Clerk of the Town Board, Town of Southold, County of Suffoll~, N. Y
Region 10 Office: New York State Office Building
Veterans Highway, Hauppauge, New York 11787
N~O NEW YORK STATE
DEPARTME F TRANSPORTATION
William C. HennesSy, Commissioner
July 5, 1978
Dear Sir:
Laws of New York 1977
Chapter 845
On August 11, 1977 the above noted law became effective in connection
with oil spills. A copy oft he law in transmitted herewith.
You will note that Article 12, Part 2, Section 177, paragraphs 1, 2 and
3 deal with the use of County and Town equipment and personnel as part
of an Emergency Oil Spill Control Network. The municipalities will be
reimbursed in full for any expenditures and we have been assured that such
reimbursement should be made within a month after the submissions of the
costs.
We realize a reso~ion by the ~unicipal Legislative Body would be necessary
to allow the Superintendent of Highways or Commissioner of Public Works to
perform this work, snd transmitted herewith is a sample resolution that can
be utilized for that purpose.
Sometime ago all Counties and Towns received ~ form to list all available
equipment. To date we have not received all the listings. If you have not
yet done so, please complete the forms and forward them to Mr. Lawerence
Peterec of this office and the name of the person he should contact in the
matter of oil spills.
Thank you for your attention to this matter.
Very truly yours,
AUSTIN H. ~2~ERY
Regional Director
Nd%RTIN D. RITZ
Liaison Engineer
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