(a) This Part is adopted pursuant to section 191 of the Navigation Law to implement the responsibilities of the Department of Environmental Conservation under the provisions of article 12 of the Navigation Law, which prohibits the discharge of petroleum, provides for the licensing of major facilities, provides for the cleanup and removal of any petroleum discharge, giving first priority to minimizing environmental damage, and establishes an environmental protection and spill compensation fund.

(b) The provisions of this Part apply to the establishment by the Department of Environmental Conservation of priorities and procedures necessary to ensure prompt and environmentally correct cleanup and removal when a discharge occurs.

(c) It is the purpose of article 12 of the Navigation Law to ensure a clean environment and healthy economy for the State by preventing the unregulated discharge of petroleum which may result in damage to lands, waters or natural resources of the State by authorizing the Department of Transportation and the Department of Environmental Conservation to respond quickly to such discharge and effect prompt cleanup and removal of such discharges, giving first priority to minimizing environmental damage, and by providing for the payment of all cleanup and removal costs and all direct and indirect damages resulting from such discharges through the New York environmental protection and spill compensation fund supervised by the State Comptroller.

(d) Any provision of this Part may be waived by the department representative, or in the absence of the department representative by the on-scene coordinator of the Department of Transportation, upon a determination that the application of this Part substantially endangers human life, health or safety.