N.Y. Laws » CHAPTER Navigation / ARTICLE Oil Spill Prevention, Control, and Compensation / PART Oil Spill Cleanup and Removal; Licenses
New York Consolidated Laws

N.Y. Navigation Law § 173 (2026)

Discharge of petroleum; prohibition

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 173. Discharge of petroleum; prohibition. 1. The discharge of
petroleum is prohibited.
  2. On or after January first, nineteen hundred ninety-four, all new
vessels sold in New York that are equipped with fuel tank air vents
shall have such fuel tank air vents designed to prevent fuel overflow
during refueling. The provisions of this subdivision shall not apply to
those fuel systems in vessels which are required to meet the standards
provided for in the Federal Boat Safety Act of 1971.
  3. This section shall not apply to discharges of petroleum pursuant to
and in compliance with the conditions of a federal or state permit.
Notes of Decisions
Cited in 12 cases, 1990–2018 · leading case: Snyder v. Jessie, 164 A.D.2d 405 (N.Y. App. Div. 4th Dep't 1990).
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Snyder v. Jessie, 164 A.D.2d 405 (N.Y. App. Div. 4th Dep't 1990). “Navigation Law § 173 states, "the discharge of petroleum is prohibited” except where done in compliance with a Federal or State permit.”
Sunrise Harbor Realty, LLC v. 35th Sunrise Corp., 86 A.D.3d 562 (N.Y. App. Div. 2d Dep't 2011). “The plaintiff commenced this action against, among others, the appellant, seeking, inter alia, to recover damages for negligence and based upon strict liability pursuant to Navigation Law article 12 (see Navigation Law § 173 et seq.). In its bill of particulars, the plaintiff…”
Howard v. Cahill, 290 A.D.2d 712 (N.Y. App. Div. 3d Dep't 2002). “DEC thereafter commenced an enforcement proceeding— seeking an order without hearing — asserting that petitioner had violated the 1993 consent order, exceeded the water quality standards required by 6 NYCRR part 703, violated the provisions of the Navigation Law prohibiting the…”
Emerson Enter., LLC v. Kenneth Crosby New York, LLC, 781 F. Supp. 2d 166 (W.D.N.Y. 2011). “NAVIGATION LAW Navigation Law § 173(1) provides that “[t]he discharge of petroleum is prohibited.”
Al Tech Specialty Steel Corp. v. Allegheny Int'l, Inc. (In Re Allegheny Int'l, Inc.), 158 B.R. 361 (Bankr. W.D. Pa. 1993). “” N.Y.Nav.Law § 173. “Discharge” is defined to mean “.”
Matter of Exxon Mobil Corp. v. State of New York Tax Appeals Tribunal, 126 A.D.3d 1059 (N.Y. App. Div. 3d Dep't 2015). “Petroleum discharges are prohibited in New York and, when a spill occurs, petitioner is obliged to notify the Department of Environmental Conservation and may coordinate with that Department to remediate the spill (see Navigation Law §§ 173, 175, 176 [7]). Petitioner is required…”
Giambrone v. Grannis, 88 A.D.3d 1272 (N.Y. App. Div. 4th Dep't 2011). “g seeking to annul the determination of respondent New York State Department of Environmental Conservation (DEC) dated March 17, 2010 that, inter alia, imposed a civil penalty of $109,500 for the violation of 12 DEC regulations involving the generation and storage of hazardous…”
Huntington & Kildare, Inc. v. Grannis, 89 A.D.3d 1195 (N.Y. App. Div. 3d Dep't 2011). “In 2005, the Department of Environmental Conservation (hereinafter DEC) commenced an administrative enforcement proceeding against petitioners, charging them with, among other things, discharging petroleum at the site (see Navigation Law § 173), failing to immediately contain a…”
Mt. Hope Asphalt Corp. v. Zagata, 248 A.D.2d 540 (N.Y. App. Div. 2d Dep't 1998). “7, and Navigation Law §§ 173 and 175, and imposed penalties and fines against them, denied the application of the petitioner Mt.”
State of New York v. Ronney, 2018 NY Slip Op 5389 (N.Y. App. Div. 3d Dep't 2018). “The Navigation Law prohibits the discharge of petroleum and requires a discharger to immediately notify the Department of Environmental Conservation (hereinafter DEC) of the discharge and "undertake to contain such discharge" (Navigation Law § 176 [1]; see Navigation Law §§ 173…”
Giambrone, Douglas J. v. Grannis, Alexander B., No. TP 11-00377 (N.Y. App. Div. 4th Dep't Oct. 7, 2011). “g seeking to annul the determination of respondent New York State Department of Environmental Conservation (DEC) dated March 17, 2010 that, inter alia, imposed a civil penalty of $109,500 for the violation of 12 DEC regulations involving the generation and storage of hazardous…”
Gendron v. State, 161 A.D.2d 936 (N.Y. App. Div. 3d Dep't 1990). “Navigation Law § 173 prohibits the discharge of petroleum.”
N.Y. Navigation Law § 173(1): 1 case
Emerson Enter., LLC v. Kenneth Crosby New York, LLC, 781 F. Supp. 2d 166 (W.D.N.Y. 2011). “NAVIGATION LAW Navigation Law § 173(1) provides that “[t]he discharge of petroleum is prohibited.”
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