2006 New York Code - Recovery Of Emergency Response Costs.

 
    §  24-604  Recovery  of  emergency response costs. a. Each responsible
  person shall be jointly and severally liable without  regard  to  fault,
  except  as  otherwise  provided  in  this  chapter,  for  the total cost
  incurred by the city for response  measures  implemented  in  connection
  with  any  emergency  involving  a  release  or  substantial threat of a
  release of a hazardous substance into the environment.
    b. In any action brought by the city to recover its cost for  response
  measures  implemented  in  connection  with  any  emergency  involving a
  release or substantial threat of a release of a hazardous substance into
  the environment, it shall be an affirmative defense that the release  or
  threat  of  release  of  a  hazardous substance into the environment was
  caused solely by,
    (1) an act of God;
    (2) an act of war;
    (3) an act or omission of a third party, other  than  an  employee  or
  agent  of  the  defendant  or  a  party  whose act or omission occurs in
  connection with a direct or indirect contractual relationship  with  the
  defendant,  if  the  defendant  establishes  by  a  preponderance of the
  evidence that (A) he exercised due care with respect  to  the  hazardous
  substance  concerned,  taking  into consideration the characteristics of
  such  hazardous  substance,  in  light  of  all   relevant   facts   and
  circumstances,  and  (B) he took precautions against foreseeable acts or
  omissions of any such  third  party  and  the  consequences  that  could
  foreseeably result from such acts or omissions; or
    (4) any combination of paragraphs one, two or three.
    c.  Nothing  in  this  chapter shall be construed to impair any remedy
  that a responsible person, or a guarantor of a responsible  person,  has
  or  would  have, by reason of indemnification, contribution, subrogation
  or any other lawful basis against any person, including  any  action  to
  recover costs incurred for response measures.
    d. Recovery by the city for response measures resulting from a release
  expressly  authorized or permitted by applicable federal, state or local
  law shall be pursuant to existing law in lieu of this  section.  Nothing
  in  this  subdivision  shall be construed to affect or modify in any way
  the obligations or liability of any person under  any  other  applicable
  federal,  state or local law, including common law, for damages, injury,
  or  loss  resulting  from,  or  for  response  measures  implemented  in
  connection  with,  any  emergency  involving  a release or a substantial
  threat of a release of a hazardous substance into the environment.