Statute of Limitations for Actions Brought by New York State for Recovery of Costs of Cleanup/Removal of Discharged Petroleum

Question:  What is the statute of limitations for an action brought by New York State against a property owner to recover cleanup and removal costs for a petroleum spill/discharge?

Two cases provide the rule:

• State v. Stewart’s Ice Cream Co., Inc., 64 NY2d 83 (New York Court of Appeals 1984)

“When the State has expended moneys from the New York Environmental Protection and Spill Compensation Fund for the cleanup and removal of discharged petroleum, an action for common-law indemnity lies against any party who caused the discharge. Such an action is governed by a six-year Statute of Limitations and accrues upon any related expenditure by the State.”

From the first expenditure or from each expenditure?

• State of New York v. Speonk Fuel, 307 AD2d 59 (Appellate Division, 3rd Dept., 2003)

From each expenditure.  “Thus, State of New York v Ackley (supra) clearly ruled that plaintiff's cause of action for indemnification accrues—and the six-year limitations period commences—each time the Fund makes a payment for cleanup and removal costs.”

Any costs expended within six years before the action’s commencement date are timely sued; any costs expended more than six years before the recovery action’s commencement date are time-barred.  The SOL is, in effect, sliding from each expenditure of cleanup/removal costs.

Dropping this here so I (and we) can find this SOL rule again.