Current through Reg. 49, No. 38; September 20, 2024
(a) Upon written request, the commissioner
may waive a provision of this chapter if the commissioner determines that the
application of the provision would be inconsistent with the fundamental intent
and purpose of OSPRA. The commissioner may also waive any requirement of this
chapter if the commissioner determines that other existing federal or state
statutory or regulatory provisions provide requirements necessary to implement
OSPRA.
(1) Waiver from requirements of this
chapter. Any person may request a waiver from a requirement of this chapter by
submitting the following information to the commissioner:
(A) the name, address, and telephone number
of the person submitting the requested waiver, and if that person is the agent
of the person requesting the waiver, then the agent must also state the name,
address, and telephone number of the person for whom the waiver is
requested;
(B) a specific reference
to the requirement from which the person is requesting a waiver;
(C) a detailed statement of the reasons which
warrant a waiver;
(D) an analysis
of the waiver's impact on the person's ability to prevent, abate, clean up, and
remove an unauthorized discharge of oil.
(2) Waiver from facility certification
requirements. Any person may request a waiver from the facility certification
requirement of this chapter by submitting the following information to the
commissioner:
(A) the name, address, and
telephone number of the person submitting the requested waiver, and if that
person is the agent of the person requesting the waiver, then the agent must
also state the name, address, and telephone number of the person for whom the
waiver is requested;
(B) the
address and location, including directions from the nearest highway, of the
facility subject to the requirements of this chapter;
(C) a vicinity map;
(D) a brief description of the business
conducted at the facility, including the quantity and types of oil
handled;
(E) a summary of the
prevention and response practices utilized at the facility supporting the
contention that an unauthorized discharge of oil therefrom will not pose an
imminent threat to coastal waters;
(F) a summary of any other reasons that this
chapter should not apply to the facility.
(3) Receipt of a request for waiver from any
facility subject to certification requirements will be deemed to constitute
compliance with all timelines for facility certification. Any person whose
request for waiver is denied will be given a reasonable time to comply with all
the requirements for certification.
(4) Requests for waivers from facility
certification requirements will be evaluated by considering the following
factors:
(A) the physical location of the
facility, including:
(i) proximity to coastal
waters;
(ii) proximity to
environmentally sensitive areas;
(iii) topography;
(iv) site drainage;
(v) flood tide impacts;
(vi) the condition of oil storage areas,
including age and condition of oil storage containers, evidence of past spills,
leak detection abilities, and secondary or passive containment
systems;
(B) the type
and quantity of oil handled;
(C)
the factors listed in this paragraph will be weighted so that subparagraph
(A)(vi) of this paragraph will be considered only in the event that a
determination cannot be made based solely on the other listed
factors.
(D) The GLO's officers,
employees, and agents, under the direction and control of the commissioner,
will conduct a field investigation, if necessary, to determine whether to grant
the request for waiver.
(b) Where adequate precautions are taken to
avoid environmental and property damage and other necessary governmental
agencies have consented, the commissioner may allow the discharge of limited
amounts of oil into or upon coastal waters or adjacent waters, shorelines,
estuaries, tidal flats, beaches, or marshes, as part of a drill, demonstration
of response capability or technology, or other study or project to further
discharge prevention or response capability.
