ยง 189. Awards exceeding current balance. In the event that the total
awards for a specific occurrence exceed the current balance of the fund,
the immediate award shall be paid on a prorated basis, and all claimants
paid on a prorated basis shall be paid as determined by the
administrator, a pro rata share of all moneys received by the fund until
the total amount of the proven damages is paid to the claimant or
claimants. The administrator may also provide through regulation to fix
the priority for the payment of claims based on extreme hardship.
Structure New York Laws
Article 12 - Oil Spill Prevention, Control, and Compensation
179 - New York Environmental Protection and Spill Compensation Fund.
179-A - New York Environmental Protection and Spill Remediation Account.
180 - Administrator of the Fund.
181-B - Environmental Lien Notice; Contents.
181-C - Filing of Notice of Environmental Lien; Filing of Release.
181-D - Enforcement of Environmental Lien.
181-E - Amounts Received to Satisfy Lien.
182 - Claims Against the Fund.
184 - Settlements When Source of Discharge Is Unknown.
185 - Hearings for Persons on Claims Filed With the Administrator.
186 - Disbursement of Moneys From the Fund.
187 - Reimbursements of Moneys to Fund.
189 - Awards Exceeding Current Balance.