In State of New York v. Green, (96 NY2d 403) the Court of Appeals determined that a faultless landowner (i.e. one who has neither caused nor contributed to a discharge) on whose property petroleum has spilled is not per se a "discharger" liable for the cleanup cost under Article 12 of the Navigation Law. By comparison, the Court determined that "where...a landowner can control activities occuring on its property and has reason to believe that petroleum products will be stored there, the landowner is liable as a discharger for the cleanup costs" (Id at p. 405).