N.Y. Environmental Conservation Law 56-0507 – Recovery of state assistance
§ 56-0507. Recovery of state assistance.
Terms Used In N.Y. Environmental Conservation Law 56-0507
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Environmental restoration project: means a project to investigate or to remediate contamination pursuant to title five of this article. See N.Y. Environmental Conservation Law 56-0101
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Municipality: means a local public authority or public benefit corporation, a county, city, town, village, school district, supervisory district, district corporation, improvement district within a county, city, town or village, or Indian nation or tribe recognized by the state or the United States with a reservation wholly or partly within the boundaries of New York state, or any combination thereof. See N.Y. Environmental Conservation Law 56-0101
- Responsible party: means a party responsible under applicable principles of statutory or common law liability to remediate the contamination located at, or emanating from, real property subject to an environmental restoration project. See N.Y. Environmental Conservation Law 56-0101
- Statute: A law passed by a legislature.
1. A municipality receiving state assistance under this title undertakes an environmental restoration project as agent of the state with respect to the incurrence of eligible costs.
2. The state shall make all reasonable efforts to recover the full amount of any state assistance provided under this title through litigation brought under this section or other statute or under the common law, or through cooperative agreements, with responsible parties (other than the municipality to which state assistance was provided under this title; or a successor in title, lender, or lessee who was not otherwise a responsible party prior to the municipality's taking title to such property).
3. Any and all monies recovered or reimbursed pursuant to this § -b of the state finance law.