Section 174-A. Use of containment booms

1.  The  commissioner,  after
  consultation with appropriate federal, state and local  governments  and
  agencies,  may  promulgate  regulations requiring the use of containment
  booms or prestaging of response equipment around or at major  facilities
  and  vessels involved in the transfer of petroleum. The commissioner may
  consult with interested groups and trade associations in developing such
  regulations.  In  adopting  such  regulations,  the  commissioner  shall
  consider  factors,  including but not limited to applicable federal laws
  and regulations, weather conditions, tides, health and safety of workers
  and product being transferred.
    2. Whenever petroleum is transferred after sunset and before  sunrise,
  lighting  adequate  to  detect  any  petroleum  discharge  shall  be  in
  operation.
    3. The deployment of containment booms pursuant to this part shall  be
  the  responsibility  of  the  owner,  lessee  or operator of the vessels
  involved in a vessel-to-vessel petroleum  transfer.  The  deployment  of
  containment  booms  pursuant to this part shall be the responsibility of
  the owner, lessee or operator  of  the  major  facility  involved  in  a
  petroleum transfer between a vessel and a major facility.
    4.  (a)  Any  local  law  or  ordinance which is inconsistent with any
  provision of this part or any rule or regulation  promulgated  hereunder
  shall  be  preempted,  except  that  any  local  law or ordinance of any
  county, or of any city of a population of one million or more, which  is
  inconsistent   with  the  provisions  of  this  part  or  any  rules  or
  regulations promulgated hereunder shall not be preempted if  such  local
  law  or  ordinance provides environmental protection equal to or greater
  than the provisions of this part of any rules or regulations promulgated
  hereunder, and such county or city files with the department  a  written
  declaration  of  its  intent to administer and enforce such local law or
  ordinance which is approved by  the  commissioner  in  written  findings
  which set forth the terms of such approval.
    (b)  Any  owner,  lessee  or operator violating any provisions of this
  section or any rule promulgated thereunder shall: (i)  if  the  transfer
  involves  and/or  the  vessel contains less than one million gallons, be
  liable for a penalty of not more than twenty-five thousand  dollars  for
  each  offense  in  a  court  of  competent  jurisdiction; or (ii) if the
  transfer involves and/or the vessel  contains  one  million  gallons  or
  more,  be  liable  for a penalty of not more than fifty thousand dollars
  for each offense in a court of competent jurisdiction.  Every  violation
  of  this  section shall be a separate and distinct offense, and, in case
  of a continuing violation, every  day's  continuance  thereof  shall  be
  deemed to be a separate and distinct offense.
    (c)  All  penalties  and  fines  imposed  under  this section shall be
  credited to the New York environmental protection and spill compensation
  fund pursuant to paragraph (a) of subdivision two of section one hundred
  seventy-nine of this chapter.