A.
Oil
Discharge Reporting Procedure. In the event of any discharge prohibited
by Oil Discharge Prevention and Pollution Control, 38 M.R.S.
§
543, the person,
firm or corporation responsible for the discharge shall immediately undertake
to remove such discharge as required by 38 M.R.S. §
548. Responsibility for removal
remains with the person, firm or corporation responsible for the illegal
discharge. In addition to the regular procedures, the following actions must be
taken:
(1) Telephone Report. An initial
telephone report of any discharge must be made to the Commissioner as soon as
practicable but within two hours. The report must include:
(a) Time of discharge;
(b) Location of discharge;
(c) Type and amount of oil;
(d) Name and telephone number of person
making report;
(e) Actions taken to
correct or mitigate the discharge; and
(f) Other pertinent information.
(2) Written Reports. Once removal
of the discharge has been completed, the person, firm or corporation
responsible for the discharge shall prepare a complete written report of the
occurrence and submit that report to the Commissioner within 10 days. If
circumstances make a complete report impossible, a partial report must be
submitted. This report must include, but not be limited to, the following
information:
(a) Date, time, and place of
discharge;
(b) Name of parties
involved;
(c) Amount and type of
oil discharged;
(d) Complete
description of circumstances causing the discharge;
(e) Actions taken to correct or mitigate the
discharge;
(f) Procedures, methods
and precautions instituted to prevent a similar occurrence from
recurring;
(g) Recommendations to
the Commissioner for changes in rules or operating procedures;
(h) Name and address of any person, firm or
corporation that could be affected by the discharge; and
(i) In the case of any oil discharge from an
intrastate pipeline, oil terminal facility, or vessel going to or coming from a
facility, the person, firm or corporation responsible for the discharge shall
submit a report, in writing, to the Commissioner, setting forth the amount of
oil recovered.
(3) Oil
Discharge Containment and Clean-up.
38 M.R.S.
§548 requires any person discharging
oil, or its by-products in a manner prohibited by
38 M.R.S.
§543, to immediately undertake to remove
the discharge to the Commissioner's satisfaction. Nothing in the rules or
regulations adopted by the Board is intended to relieve any person from this
responsibility. Any person who has discharged or caused to be discharged oil as
prohibited by
38 M.R.S.
§543 shall contain such oil and remove
it as quickly and completely as possible.
(4) Delegation of Supervisory Authority. The
Commissioner or the Commissioner's authorized representative shall receive
reports of oil discharges and shall supervise or undertake the removal of any
oil discharge, where such actions by the Commissioner are authorized under
38 M.R.S.
§548, and upon the completion of removal
of any discharge the Commissioner or the Commissioner's authorized
representative may indicate satisfaction with such removal.
(5) Notification of the Commissioner in no
way should delay the proper notification of other authorities such as local and
federal agencies concerned. Protection of life and property by proper
notification and action is mandatory and should be accomplished in the most
expeditious manner possible.
B.
Vessel Cleanup. Before any
vessel involved in a transfer operation leaves a land based oil terminal
facility, all drip pans, hoses, and other transfer equipment must be cleaned
and any oil spilled on the deck, topside piping or equipment, or the exterior
of the hull must be removed.
