Oil Spill Control Flashcards
What is the OSLTF?
A $1 billion fund to pay removal and damages resulting from oil spills or substantial threats of oil spills to navigable waters.
Used for costs not directly paid by a RP
What is the criteria for using the OSLTF?
Removal: Includes cleanup contractors, testing to identify type and source of oil, disposal or recovered oil, and preparation of associated cost doc
NRD: Costs to restore, rehabilitate, replace, or acquire the equivalent from damages
How can states access the OSLTF?
May opt to access up to $250,000 via the Oil Pollution Act’s State Access provision
States can also submit a claim to try and recoup funds spent on a response
What is a Notice of Federal Assumption?
A letter given to the RP that states that their actions to mitigate or remove the discharge are unsatisfactory and the US Coast Guard will be taking over all or partial control of the response
Under what conditions can a claim be submitted?
Removal costs, personal property damage, loss of profits, subsistence loss, natural resource damage
Who is eligible to submit a claim?
An individual, corporation, the US Government, federal/state/indian tribal trustees
What are the responsibilites of the RP in the claims process?
They must advertise how to submit claims to them. If they deny a claim or does not pay within 90 days, the claimant may submit a claim to the NPFC
What are the time limits for claims?
Claims for damages: Made within 3 years from the date the damage occurred
Claims for removal costs: Made within 6 years after the date of completion of removal
Making insurance claims?
Claimants are not required to have insurance for OPA removal costs or damages. If you do have insurance, you are not required to use it, but must report that you have it
What is the purpose of designation of source?
The FOSC identifies the source and contacts the NPFC. The NPFC issues a Notice of Designation Letter to the RP (their liability and states their responsibility to advertise for claims).
If RP denies letter, NPFC will work with cognizant FOSC to advertise
What are the types and contents of advertisements?
Newspapers, postings, direct mailing, news releases, online publications, etc.
Content (33CFR136.313)
What are some of the State’s responsibilties?
The State OSC should work with the FOSC to determine how to respond. They will advise and coordinate all state agencies. They can take over the response if they deem the RP is not taking enough action.
What are some of the State’s responsibilities?
The State OSC should work with the FOSC to determine how to respond. They will advise and coordinate all state agencies. They can take over the response if they deem the RP is not taking enough action.
What is the criteria for using the CERCLA fund?
Must be a Haz substance, pollutant, or contaminant
Cannot be oil: If oil is contaminated with CERCLA substances, then it is CERCLA funding
Must pose imminent and substantial threat to public health or welfare
What are the differences in opening a FPN and a CPN?
The USCG and EPA can open a FPN, while only the USCG can open a CPN.
FPN can go up to $500K and CPN up to $249,999
What are the steps for a CERCLA response?
- Discovery and notification
- Removal site evaluation
- Removal action
- Remedial site evaluation
- Establishing remedial priorities
- Remedial investigation
- Offsite response actions
- State involvement
Where in the CERCLA response does USCG jurisdiction end and EPA jurisdiction take over?
Step 4: Remedial site evaluation
What is a Basic Ordering Agreement?
An agreement, in writing, between the government and contractor that contains: Terms and clauses between the parties, description of specific equipment and supplies
What is a Pollution Removal Funding Authorization?
Used to obtain services and assistance from other governmental agencies (federal, state, or local)
What is a Military Interdepartmental Procurement Request?
A request for other military personnel, materials, supplies, or services
DD-448
What are the limitations for hiring a BOA contractor?
ATP goes up to $50,000
Must get prior approval from DOL for greater than $50k
What are the limitations for hiring a BOA contractor?
ATP goes up to $25,000
Must get prior approval from DOL for greater than $25k
What are the limitations on hiring a sub-contractor?
FOSC will notify COB1 of any non-BOA sub-contracts
