Section 177-A. Emergency oil spill relocation network  


Latest version.
  • 1.  The commissioner
      shall establish an emergency oil spill relocation network which shall be
      headed by the commissioner of health and comprised  of  the  appropriate
      services from county and state health departments.
        2.  Such network shall be employed to provide an immediate response to
      a discharge in any area of the state where the public health may  be  at
      risk.  Further,  such  network shall be employed in conjunction with the
      cleanup operations of the owner  or  operator,  the  department  or  any
      federal agency.
        3.  The  commissioner  of  health  shall be first notified whenever an
      application is made for emergency oil spill relocation.
        4. The commissioner of health shall have  the  power  to  deploy  such
      resources at his discretion to the state and local health departments to
      make  an  assessment of the possible health risks to persons residing in
      the area of the spill site.
        5. The commissioner of health shall determine the actual and necessary
      costs of the relocation of individuals who, in his opinion, are  exposed
      to  health  risks as a result of the discharge and certify the amount of
      such costs to the administrator. The certification by  the  commissioner
      of health shall be for a period of relocation not exceeding thirty days,
      provided that the commissioner upon a further assessment of the possible
      health  risks  in  the area of the spill site may extend such relocation
      for successive thirty day periods. The certification by the commissioner
      of health shall not be admissible in any civil action in a court of  law
      in  regard  to  the  issue  of  damages to the individuals certified for
      relocation pursuant to this section.
        6.  Notwithstanding  any  provision  of  law  to  the   contrary   the
      certification  of  individuals  for  relocation and its associated costs
      shall be an issue restricted to consideration as cleanup cost and  shall
      not  be  a determination of liability, nor shall it be admissible in any
      civil action in a court of law in regard to the issue of damages to  the
      individuals certified for relocation pursuant to this section.
        7.  The  commissioner of health may request and shall receive from the
      department and any other state agency such assistance and data  as  will
      enable him to carry out his responsibilities pursuant to this section.