NY Env Conserv L § 27-0916 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 9 - Industrial Hazardous Waste Management 27-0916 - Department Authority for Cleanups.

§ 27-0916. Department authority for cleanups.1.  The  department  shall have authority to clean up or return to its   original state any area where hazardous wastes were disposed,  possessed   or  dealt in unlawfully in violation of section 27-0914 of this article.   For the purpose of this section "the original state of the  area"  shall   mean  the reasonably ascertainable condition of the property immediately   prior to  the  unlawful  act  or  if  impracticable  to  determine  such   condition,  the  cleanup  or  restoration  shall  be done in a manner to   restore the area to a reasonably sound environmental condition.2. The department shall  have  the  authority  to  contract  with  the   environmental  facilities  corporation  or  any  other person to perform   necessary work in connection with such cleanup or restoration.3. Notwithstanding any other provision of law  to  the  contrary,  the   liability  of any person designing, implementing or otherwise performing   services related to cleanup or restoration work pursuant to  a  contract   with  the  department,  or an order of the department or a court for any   injury to a person or property caused by or related  to  such  services,   shall be limited to acts or omissions of the person during the course of   performing  such  services  which  are  shown to have been the result of   negligence,  gross  negligence  or  reckless,  wanton   or   intentional   misconduct.  Notwithstanding  any  other  provision  of  law, when (i) a   verdict or decision in an action or claim for  injury  to  a  person  or   property caused by or related to such services is determined in favor of   a  claimant in an action involving a person performing such services and   any other person or persons jointly liable, and (ii)  the  liability  of   the person performing such services is found to be fifty percent or less   of  the  total  liability  assigned to all persons liable, and (iii) the   liability of the person performing such  services  is  not  based  on  a   finding  of  reckless disregard for the safety of others, or intentional   misconduct, then the liability of the person performing such services to   the  claimant  for  loss  relating  to  injury  to  property   and   for   non-economic  loss  relating  to injury to a person shall not exceed the   equitable share of the person performing  such  services  determined  in   accordance  with  the  relative  culpability  of  each person causing or   contributing to the total liability for such losses; provided,  however,   that  the culpable conduct of any person not a party to the action shall   not be considered in determining  any  equitable  share  herein  if  the   claimant  proves  that  with  due  diligence  the claimant was unable to   obtain jurisdiction over such person in said action.  As  used  in  this   section,  the  term  "non-economic  loss" includes but is not limited to   pain and suffering, mental anguish, loss of consortium or other  damages   for  non-economic  loss.  However,  nothing in this subdivision shall be   deemed to  alter,  modify  or  abrogate  the  liability  of  any  person   performing  such services for breach of any express warranty, limited or   otherwise,  or  an  express  or  implied  warranty  under  the   uniform   commercial  code,  or  to  an  employee  of  such person pursuant to the   workers' compensation law, or to relieve from any liability  any  person   who  possessed, disposed of or dealt in hazardous wastes in violation of   section 27-0914 of this article.4. Section eight of the court of claims act or any other provisions of   law to the contrary notwithstanding, the  state  shall  be  immune  from   liability  and  action  with  respect to any act or omission done in the   exercise  of  the  department's  authority  pursuant  to  this  section;   provided,  however,  that this subdivision shall not limit any liability   which may otherwise exist for unlawful, willful  or  malicious  acts  or   omissions  on  the part of the state, state agencies, or other officers,   employees or agents. 5. Moneys for actions taken by the department pursuant to this section   including  any  sampling  of  wastes,  soils,  air,  surface  water  and   groundwater   done   by   or   on  behalf  of  the  department  and  any   administrative expenses related  thereto,  shall  be  payable  from  the   hazardous  waste  remedial  fund  directly to the department pursuant to   section ninety-seven-b of the state finance law.