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Intro, Regulations
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Outline Applicable Regulations Proper fueling practices, signage
Initial Response to a spill Reporting Requirements Containment: Equipment Used Cleanup: Osro/Responsible Parties Recylcing: Oil/Oily Waste
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Applicable Regulations
Federal Water Pollution Control Act of (FWPCA) Oil Pollution Act of 1990 (OPA 90)
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Federal Water Pollution Control Act
This is the Coast Guard’s basic authority for investigating marine pollution and hazardous substance discharges Primary law used for response to and enforcement of discharges of oil. Also used when civil penalties are sought for prohibited discharges of oil and hazardous substances
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FWPCA cont. FWPCA 1972 2 Goals Obtain safe water quality Eliminate all water pollution by 1985 Prohibits discharge of oil & designated hazardous substances in a harmful quantity into navigable waters of U.S.
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FWPCA cont. Discharge: spilling, leaking, pumping, pouring, emitting, emptying, or dumping Hazardous Substance: 40 CFR 116.4 Navigable Waters: waters of the United States, including the territorial seas… *Discharge: 40CFR116.3 *Hazardous Substance TABLE 40CFR116.4 *Navigable Waters: definition continues in 40CFR116.3
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Oil Pollution Act of 1990 Amended the FWPCA.
Give the OSC increased enforcement and response authority. It contains the following provisions:
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OPA 90 Gives FOSC ability to designate a responsible party
Increased the liabilities and responsibilities of the responsible party Created Oil Spill Liability Trust Fund, allows states to access Allows 3rd party claims Based on evidence we find we can designate RP if no one accepts responsibility for spill Increased liabilities and responsibilities of RP for cleanup and cost OSLTF used to assist in clean up efforts done by Federal or State If RP does not take proper action, can be charged $40,000/day OR 3 times the cost incurred by OSLTF 3rd party claims for people who’s property may have been damaged by the spill, i.e. boats at marina, etc.
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