ORS 468B.350
Standards for contingency plans

  • oil spill response zones
  • rules

(1)

The Environmental Quality Commission shall adopt rules defining:

(a)

Standards for the preparation of contingency plans for facilities and covered vessels; and

(b)

Oil spill response zones within the navigable waters of the state and the amount of equipment identified in an oil spill contingency plan that is required to be regularly located in those zones.

(2)

The rules adopted under subsection (1) of this section shall be coordinated with rules and regulations adopted by the State of Washington and the United States Coast Guard and shall require contingency plans that at a minimum meet the following standards. The plan shall:

(a)

Include complete details concerning the response to oil spills of various sizes from any covered vessel or facility covered by the contingency plan.

(b)

To the maximum extent practicable, be designed, in terms of personnel, materials and equipment, to:

(A)

Remove oil and minimize any damage to the environment resulting from a maximum probable spill; and

(B)

Remove oil and minimize any damage to the environment resulting from a worst case spill.

(c)

Consider the nature and number of facilities and marine terminals in a geographic area and the resulting ability of a facility to finance a plan and pay for department review.

(d)

Describe how the contingency plan relates to and is coordinated with the response plan developed by the Department of Environmental Quality under ORS 468B.495 (Interagency response plan for oil or hazardous material spills) and 468B.500 (Contents of plan) and any relevant contingency plan prepared by a cooperative, port, regional entity, the state or the federal government in the same area of the state covered by the plan.

(e)

Provide procedures for early detection of an oil spill and timely notification of appropriate federal, state and local authorities about an oil spill in accordance with applicable state and federal law.

(f)

Demonstrate ownership of or access to an emergency response communications network covering all locations of operation or transit by a covered vessel. The emergency response communications network also shall provide for immediate notification and continual emergency communications during cleanup response.

(g)

State the number, training preparedness and fitness of all dedicated, pre-positioned personnel assigned to direct and implement the plan.

(h)

Incorporate periodic training and drill programs to evaluate whether the personnel and equipment provided under the plan are in a state of operational readiness at all times.

(i)

State the means of protecting and mitigating the effects of a spill on the environment, including fish, marine mammals and other wildlife, and insuring that implementation of the plan does not pose unacceptable risks to the public or to the environment.

(j)

Provide a detailed description of equipment, training and procedures to be used by the crew of a vessel, or the crew of a tugboat involved in the operation of a nonself-propelled tank vessel, to minimize vessel damage, stop or reduce spilling from the vessel and only when appropriate and the vessel’s safety is assured, contain and clean up the spilled oil.

(k)

Provide arrangements by contract or other approved means for pre-positioning oil spill containment equipment, cleanup equipment, dedicated response vessels and trained personnel at strategic locations from which the personnel and equipment can be deployed to the spill site to promptly and properly remove the spilled oil.

(L)

Provide arrangements for enlisting the use of qualified and trained cleanup personnel to implement the plan.

(m)

Provide for disposal of recovered oil in accordance with local, state and federal laws.

(n)

State the measures that have been taken to reduce the likelihood a spill will occur, including but not limited to design and operation of a vessel or facility, training of personnel, number of personnel and backup systems designed to prevent a spill.

(o)

State the amount and type of equipment and the dedicated response vessels available by contract or other approved means to respond to a spill, where the equipment and vessels are located and the extent to which other contingency plans rely on the same equipment and vessels.

(p)

If the commission has adopted rules permitting the use of dispersants, describe the circumstances and the manner for the application of dispersants in conformance with the rules of the commission.

(3)

As used in this section:

(a)

“Contract or other approved means” means:

(A)

A written contract between a covered vessel or facility owner or operator and an oil spill removal organization that identifies and ensures the availability of specified personnel and equipment within stipulated response times in specified oil spill response zones;

(B)

Certification by the vessel or facility owner or operator that specified personnel and equipment are owned, operated or under the direct control of the vessel or facility owner or operator and are available within stipulated response times in specified oil spill response zones;

(C)

Active membership in a local or regional oil spill removal organization that has identified specified personnel and equipment that are available to respond to an oil spill within stipulated response times in specified oil spill response zones; or

(D)

A written document that:
(i)
Identifies personnel, equipment and services capable of being provided by the oil spill removal organization within stipulated response times in specified oil spill response zones;
(ii)
Acknowledges that the oil spill removal organization intends to commit the identified resources in the event of an oil spill;
(iii)
Permits the commission to verify the availability of the identified oil spill removal resources through tests, inspections and exercises; and
(iv)
Is referenced in an oil spill contingency plan for the vessel or facility.

(b)

“Dedicated response vessel” means a vessel that limits service exclusively to recovering and transporting spilled oil, tanker escorting, deploying oil spill response equipment, supplies and personnel, spill response related training, testing, exercises and research, or other oil spill removal and related activities. [1991 c.651 §5; 2001 c.688 §2]

Source: Section 468B.350 — Standards for contingency plans; oil spill response zones; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors468B.­html.

468B.005
Definitions for water pollution control laws
468B.010
Authority of commission over water pollution
468B.015
Policy
468B.020
Prevention of pollution
468B.025
Prohibited activities
468B.030
Effluent limitations
468B.032
Alternative enforcement proceeding
468B.035
Implementation of Federal Water Pollution Control Act
468B.037
Federal Water Pollution Control Act
468B.038
Federal Water Pollution Control Act
468B.039
Procedures for developing methodologies for assessment of water quality
468B.040
Certification of hydroelectric power project
468B.045
Certification of change to hydroelectric power project
468B.046
Reauthorization of hydroelectric project not to limit authority of department related to certification of project for water quality purposes
468B.047
Fees for state certification under Federal Water Pollution Control Act
468B.048
Rules for standards of quality and purity
468B.050
Water quality permit
468B.051
Fees for water quality permit
468B.053
Alternatives to obtaining water quality permit
468B.055
Plans and specifications for disposal, treatment and sewerage systems
468B.060
Liability for damage to fish or wildlife or habitat
468B.062
Use attainability analysis of certain waters of state
468B.064
Follow-up assessments of waters of state that exceed numeric temperature criteria
468B.070
Prohibited activities for certain municipalities
468B.075
Definitions for ORS 468B.080
468B.080
Prohibitions relating to garbage or sewage dumping into waters of state
468B.083
When motor vehicle parts may be placed in waters of state
468B.085
Depositing vehicles or manufactured structures into water prohibited
468B.090
Permit authorized for discharge of shrimp and crab processing by-products
468B.093
General permit for discharge of geothermal spring water to surface water
468B.095
Use of sludge on agricultural, horticultural or silvicultural land
468B.100
Definitions for ORS 468B.105 and 468B.110
468B.105
Review of water quality standard affecting forest operations
468B.110
Authority to establish and enforce water quality standards by rule or order
468B.112
Definitions
468B.114
Motorized in-stream placer mining
468B.116
Permit application
468B.118
Fees
468B.120
Definitions for ORS 468B.120 to 468B.135
468B.125
Policy to reduce phosphorous pollution
468B.130
Prohibition on sale or distribution of cleaning agents containing phosphorus
468B.135
Exemptions
468B.138
Definitions for ORS 468B.138 to 468B.144
468B.139
Report
468B.140
Plans to reduce discharges of persistent pollutants
468B.141
Rules
468B.142
Order compelling compliance with rules
468B.143
Persistent Pollutant Control Account
468B.144
Moneys received under ORS 468B.142
468B.150
Definitions for ORS 468B.150 to 468B.190
468B.155
State goal to prevent ground water contamination
468B.160
Ground water management and use policy
468B.162
Coordination of ground water activities
468B.164
Encouragement of federal actions
468B.165
Ground water contaminants
468B.166
Technical advisory committee
468B.167
Ground water resource protection strategy
468B.169
Requests for funding, advice or assistance for ground water projects
468B.171
Awarding grants
468B.175
Declaration of area of ground water concern
468B.177
Actions of department after declaration of area of ground water concern
468B.179
Ground water management committee
468B.180
Declaration of ground water management area
468B.182
Alternative appointment of ground water management committee
468B.183
Duties of ground water management committee after declaration of ground water management area
468B.184
Designation of lead agency for development of action plan
468B.186
Comment on plan
468B.187
Acceptance or rejection of action plan
468B.188
Repeal of declaration of ground water management area
468B.190
Ground water monitoring and assessment
468B.195
Underground injection control program of federal Safe Drinking Water Act
468B.196
Fees
468B.197
Subsurface Injection Fluids Account
468B.200
Legislative findings
468B.203
Applicability of 468B.200 to 468B.230
468B.205
Definition of confined animal feeding operation
468B.210
Maximum number of animals per facility
468B.215
Fees
468B.217
Memorandum of understanding with Department of Agriculture
468B.220
Civil penalty for violation of permit requirement
468B.225
Prerequisite for investigation
468B.230
Department of Agriculture civil penalty authority
468B.300
Definitions for ORS 468B.300 to 468B.500
468B.305
Entry of oil into waters of state prohibited
468B.310
Liability for violation of ORS 468B.305
468B.315
Duty to collect and remove oil
468B.320
Action by state
468B.325
Director’s right of entry in response to spill or release of oil or hazardous material
468B.330
Action to collect costs
468B.335
Effect of federal regulations of oil spillage
468B.337
Liquefied natural gas
468B.340
Legislative findings and intent
468B.345
Oil spill contingency plan required to operate facility or covered vessel in state or state waters
468B.350
Standards for contingency plans
468B.355
Contingency plans
468B.360
Review of contingency plan
468B.365
Plan approval
468B.370
Determination of adequacy of plan
468B.375
Inspection of facilities and vessels
468B.380
Tank vessel inspection program
468B.385
Modification of approval of contingency plan
468B.390
Compliance with federal Oil Pollution Act of 1990
468B.395
Department duties
468B.400
Wildlife rescue training program
468B.405
Fees
468B.410
Oil Spill Prevention Fund
468B.412
Report regarding fees and oil spill prevention activities
468B.415
Oregon coast safety committee
468B.420
Safety committee recommendations
468B.425
Exemption from liability for removal costs or damages
468B.427
Oil spill contingency plan required for high hazard train routes in state
468B.429
Requirements for contingency plans
468B.431
Review of contingency plan
468B.433
Financial responsibility statement
468B.435
High Hazard Train Route Oil Spill Preparedness Fund
468B.437
Rules
468B.450
Willful or negligent discharge of oil
468B.455
Oil Spillage Control Fund
468B.460
Rules
468B.475
Legislative finding
468B.485
Methods of establishing financial assurance
468B.495
Interagency response plan for oil or hazardous material spills
468B.500
Contents of plan
468B.550
Short title
468B.555
Trading program development
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