N.Y. CPLR § 214-H

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 214-H Certain actions by public water suppliers to recover damagesfor injury to property. 1 § 214-h. Certain actions by public water suppliers to recover damagesfor injury to property. 1. In this section:(a) "Contaminant" means any physical, chemical, biological orradiological substance or matter in water and includes but is notlimited to an emerging contaminant listed pursuant to section elevenhundred twelve of the public health law.(b) "Person" means an individual, corporation, public corporation,company, association, partnership, or entity of the state or federalgovernment.(c) "Public water supplier" means a person that owns, manages oroperates a community, noncommunity or nontransient noncommunity watersystem that provides water to the public for human consumption throughpipes or other constructed conveyances, if such system has at least fiveservice connections or regularly serves an average of at leasttwenty-five individuals daily at least sixty days out of the year.(d) "Wholesale water supplier" means a person that owns, manages oroperates a public water system that treats a source of water supply asnecessary to produce finished water and then delivers some or all ofthat finished water to a public water supplier.(e) "Source of water supply" means any groundwater aquifer or othersource from which water is taken either periodically or continuously fordrinking, kitchen, cooking or food-processing purposes, or which hasbeen designated for present or future use as a source of water supplyfor domestic or municipal purposes.(f) "Plant intake" means the works or structures at the head of aconduit through which water is diverted from a source of water supplyinto the treatment plant by a public water supplier.(g) "Well" means any excavation used for obt ctures at the head of aconduit through which water is diverted from a source of water supplyinto the treatment plant by a public water supplier.(g) "Well" means any excavation used for obtaining water by a publicwater supplier.(h) "Raw water" means water immediately before the first or only pointof disinfection or other treatment.(i) "Emerging contaminant" shall mean any physical, chemical,microbiological or radiological substance that has ever been or everwill be identified or listed pursuant to paragraph a or b of subdivisionthree of section eleven hundred twelve of the public health law or thathas ever been or ever will be required to be identified or listed as anemerging contaminant pursuant to paragraph c of subdivision three ofsection eleven hundred twelve of the public health law or that isidentified or listed as an emerging contaminant pursuant to any otherlaw.2. Notwithstanding any other law that provides for a shorterlimitations period, any civil claim or cause of action brought by apublic water supplier or wholesale water supplier against any person torecover damages for injury to property owned, managed or operated by apublic water supplier or a wholesale water supplier resulting from thepresence of a contaminant in a source of water supply shall be commencedwithin three years of the latest of any of the following:(a) the detection of a contaminant in the raw water of each well orplant intake sampling point in excess of any notification level, actionlevel, maximum contaminant level, or maximum contaminant level goalestablished by the commissioner of health, the department of health orthe United States Environmental Protection Agency for that contaminant;(b) the last wrongful act by any person whose conduct contributed tothe presence of a contaminant in a source of water supply or the rawwater of each well or plant intake sampling point; or(c) the date the cont l act by any person whose conduct contributed tothe presence of a contaminant in a source of water supply or the rawwater of each well or plant intake sampling point; or(c) the date the contaminant is last detected in the raw water of eachwell or plant intake sampling point in excess of any notification level,action level, maximum contaminant level, or maximum contaminant levelgoal established by the commissioner of health, the department of healthor the United States Environmental Protection Agency for thatcontaminant.3. This three-year period shall apply to each well and each plantintake for each contaminant separately, and the expiration of thethree-year period at one well or plant intake shall not affect thethree-year period for another well or plant intake.4. Nothing in this section shall abridge or limit a public watersupplier's or a wholesale water supplier's right to bring an action toabate an imminent threat of contamination of any well or plant intake orto recover as damages the costs of such abatement.5. Any action, civil claim, or cause of action involving an emergingcontaminant that is barred as of the effective date of this subdivisionbecause the applicable period of limitation has expired is herebyrevived, and such action, civil claim, or cause of action thereon may becommenced and prosecuted provided such action, civil claim, or cause --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only ofaction is commenced either before or within one year and six monthsfollowing the effective date of this subdivision. CPLR § 214-H Page 2