Authority & Jurisdiction Flashcards
What is the purpose of the NCP?
To provide organizational structure and procedures for preparing for and responding to discharges of oil and releases of hazardous substances, pollutants, and contaminants
What are the four general priorities under the NCP?
1) Safety of human life
2) Stabilize the situation
3) Use all necessary containment and removal tactics to ensure a timely effective response
4) Minimize further adverse environmental impacts from additional discharges
What authority does the FOSCR have under the NCP?
CERCLA and FWPCA authorities comes from 33CFR1.01
What are the primary responsibilities of the OSC?
Directs response efforts and coordinate all other efforts at the scene.
Coordinate, direct, and review the work of other agencies and contractors to ensure compliance with the NCP
Where will you find the notification procedures for oil and hazardous substances?
33CFR153 and 40CFR302.6, respectively
When will the CG provide an OSC?
Oil discharges from facilities and vessels under federal jurisdiction in the Coastal Zone.
Release of hazardous substances, pollutants, or contaminates into or threatening the Coastal Zone
When will the EPA provide an OSC?
Discharges or releases into or threatening the inland zone.
Will assume all remedial actions at NPL sites in the Coastal Zone, even when removals are initiated by the CG
What jurisdiction does the DOD/DOE have?
Shall take all action necessary for releases on or the sole source is from any facility or vessel under the jurisdiction, custody, or control of the DOD/DOE
Identify the sources of FOSC authority
FWPCA and CERCLA
40CFR300 and 33CFR
Identify the source of COTP authority
33CFR6.04-5 “super 6”
How can the COTP and FOSC prevent access of personnel to vessels or facilities?
COTP can take possession of any vessel
FOSC may obtain an Admin Order
How can the COTP and FOSC control vessel and facility operations?
COTP, under 33CFR160 (ports and waterways safety act) can stop any transfer that poses a threat to the environment, doesn’t comply with regulations, etc
FOSC, under NCP, can requisition private property or destroy the facility or vessel which is the source
How can the COTP and FOSC control vessel movement?
COTP, under 33CFR6.04-8, may control the movement of any vessel
FOSC, under NCP, can requisition private property or destroy the facility or vessel which is the source
How can the COTP and FOSC enlist aid from other agencies?
COTP, under 33CFR6.04-11, can enlist federal, state, county, municipal, and private agencies to assist in the enforcement of regulations under 33CFR
FOSC, under NCP
How can a Safety Zone be used to manage a pollution incident?
A safety zone will protect what is outside from what is inside.
Can be requested through the COTP
What are the procedures for obtaining Flight Restriction Zone?
This would be made through the Federal Aviation Administration
