Server: Netscape-FastTrack/2.01 Date: Wed, 31 Dec 1997 20:34:30 GMT Accept-ranges: bytes Last-modified: Mon, 12 May 1997 19:52:56 GMT Content-length: 23173 Content-type: text/html Healy & Baillie: Marine Oil Pollution

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Oil Spill & Pollution Resource Center


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For additional information contact John Koster or Mathew Marion.

 
PART 1
WHAT TO DO IF YOU HAVE A SPILL
IMMEDIATE STEPS

1. IMPLEMENT CONTINGENCY PLAN
In the event of an oil spill or threatened spill, the spilling vesselþs operator and crew must strictly adhere to the vesselþs response plan, absent contrary instructions from the federal on-scene coordinator and state officials. Thus, the spill response team should be familiar with the response plan and should be prepared to implement its requirements promptly after a spill or threatened spill occurs.

2. NOTIFY THE VESSEL'S P. & I. CLUB
Ultimate financial liability may fall to the Club, and it is therefore essential that the Club, or its local representatives, be promptly notified of any spill. If TOVALOP and/or CRISTAL are concerned, their representatives should also be notified.

3. ENGAGE ATTORNEYS
Since complex litigation and the risk of sizeable liabilities may follow a spill, it is well to have a law firm engaged from the outset. If the vessel is entered with a P. & I. Club, this should, of course, be done in consultation with the Club's representatives.

4. NOTIFY THE COAST GUARD
OPA '90 requires that notice of the spill be given to the National Response Center in Washington, D.C., whose telephone number is:

1-800-424-8802

The address is:
U.S. Coast Guard Headquarters
Room 2611
2100 Second Street, S.W.
Washington, D.C. 20593
Attention: NRC
Fax No.: 202-479-7181

Care should be taken that all details of the call, including the time, the names of the individual parties and the substance of the conversation are logged and memorialized. Telephone notice should be followed promptly by written notice, preferably by fax.

A record of all subsequent activities and communications relating to the spill should be maintained.

The appropriate Coast Guard district should also be notified and a list of those telephone numbers is attached.

5. NOTIFY ALL APPROPRIATE STATE AND MUNICIPAL AUTHORITIES
States and municipalities may also have notification requirements and we have appended a significant number of these, although it is virtually impossible to assure accuracy other than at the very time they were obtained. OPA '90 requires that the federal agencies notify appropriate state agencies and in the event locally appointed attorneys cannot immediately notify the appropriate state authorities, assurance should be obtained from the federal agencies that they have been notified.

6. RETAIN CLEAN-UP COMPANY
While the Act contains provisions granting the Federal Government authority over oil spills, in many cases the Government will permit (require) a privately retained contractor to do the clean-up work, assuming it is accomplishing the job. It cannot be emphasized enough that the first order of business -- subject only to matters of safety and the possibility of greater ecological damage -- should be to stop the outflow of oil and commence the clean-up process.

ALMOST IMMEDIATE STEPS

1. ESTABLISH A COMMAND POST WITH RELIABLE LINES OF COMMUNICATION WITH ALL PARTIES IN "NEED-TO-KNOW" NETWORK
In the early stages of the casualty it might not be possible to determine the best composition of, and the best location for (1) the casualty control net, (2) the pollution clean-up net, (3) the fact-gathering operation, and (4) the decision-making channel relating to all facets. There will be different personnel involved in these operations (although some will be common to one or more or all of them). These should, however, be sorted out as soon as possible so that (particularly when there are time zone differences) there will be frequent exchanges among those who must be consulted, if necessary, to interpret the information, and those who need the information to make decisions.

2. CONSIDER POSSIBLE DEFENSES TO CLAIMS
The range of defenses has narrowed by OPA '90, basically to the intervention of outside events: (1) an act of God, (2) an act of war, (3) an act or omission of a third party, and (4) gross negligence or willful misconduct of a particular claimant.

The "responsible party" bears the burden of proof and must report the spill and assist with removal efforts if requested, in order to qualify for the defenses. Assistance may be declined only for sufficient cause -- which is not further defined in the act. Limits of liability (the greater of $1,200 per GT or $10M for a tank vessel over 3,000 gross tons) are similarly conditioned regarding notice and assistance. Gross negligence, willful misconduct and the violation of federal safety regulations negate limitation.

3. CONSIDER THE POSSIBLE NEED FOR SEPARATE REPRESENTATION FOR MASTER OR CREW
Separate legal representation may be required for the master, crew members, or anyone else connected with the owning organization, due to the exposure to fines or penalties such individuals may have under various statutes. This must be balanced against the need to maintain control of the situation. As soon as possible the potential for conflict should be evaluated and resolved.

4. CONSIDER PUBLIC RELATIONS ASPECTS
Depending upon the magnitude of the casualty, the amount of in-house expertise, and the utility of having a positive impact on the publicity surrounding a casualty, it may be advisable to secure the services of a public relations organization so as to divorce this function from the operational and legal activities which will necessarily be in high gear in the early stages following the casualty. Public relations specialists are also useful in attending local area ecology meetings, etc., in order to keep the shipowner up-to-date.

5. PROVIDE FOR QUICK SETTLEMENTS OF SMALL CLAIMS
In highly popular and therefore heavily populated recreational areas during the on-season, considerable advantage may be gained by obtaining the services of adjusters authorized to settle small claims of a minor nature -- for boat cleaning, replacement of soiled bathing suits, towels, etc. -- on an almost immediate basis. This has proved very effective in a number of oil pollution cases.

6. CONSIDER ENGAGING EXPERTS
In the nature of things, the sooner experts are provided with access to the physical evidence involved in a casualty the more accurate their analysis is likely to be. It may be important to appoint experts as soon as the general areas in which their services are required become reasonably clear. Preservation of physical and documentary evidence is especially important. In busy harbors it is advisable to obtain samples of the oil in question periodically, for "fingerprinting," to insure that only casualty related oil is included in the clean-up for which the owner or his P. & I. Club is paying.

7. COAST GUARD HEARINGS
In some cases the U.S. Coast Guard will have conducted an informal on-the-scene investigation before the vessel owner even learns of the incident. In many cases a formal investigation will follow. Necessary preparation should begin immediately.

8. SECURITY
While government entities will look to the security provided them under various statutes, private parties may nonetheless seek to arrest or attach the vessel, even though they are also given protection under the new federal statute. The cargo owner (or charterer) may seek security in any event. Preliminary attention should be given to the mechanics of providing security if this becomes necessary.

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PART 2 OIL SPILL EMERGENCY TELEPHONE LIST

P & I CLUBS
ASSURANCEFORENINGEN GARD-GJENSIDIG
(ARENDAL)
Telephone: 011-47-41-19100
Facsimile: 011-47-41-24810
BRITANNIA STEAMSHIP (Tindall, Riley)
Telephone: 011-44-171-407-3588
Facsimile: 011-44-171-403-3942
LONDON SHIPOWNERS (A. Bilbrough)
Telephone: 011-44-171-772-8000
Facsimile: 011-44-171-772-8200
NEWCASTLE (Newcastle upon Tyne)
Telephone: 011-44-191-232-4591
Facsimile: 011-44-191-232-5361
NORTH OF ENGLAND
Telephone: 011-44-191-232-5221
Facsimile: 011-44-191-261-0540
STANDARD STEAMSHIP (Charles Taylor)
Telephone: 011-44-171-488-3494
Facsimile: 011-44-171-481-99545
STEAMSHIP MUTUAL (Alfred Stockton)
Telephone: 011-44-171-247-5490 or 011-44-171-895-8490
Facsimile: 011-44-171-377-2912 or 011-44-171-895-8484
SKULD
(Emg. Response for all SKULD Offices)
Telephone: 011-47-94-26-80-08
Facsimile: 011-47-22-42-02-18
SWEDISH CLUB (Goteborg)
Telephone: 011-46-031-638-400
Facsimile: 011-46-031-156-711
UNITED KINGDOM (Thomas Miller)
Telephone: 011-44-171-283-4646
Facsimile: 011-44-171-621-9757
U.S. CLUB REPRESENTATIVES
LAMORTE BURNS & CO., INC.
10 Signal Road
Stamford, CT 06902
Telephone: (203) 973-0460
Facsimile: (203) 975-7002
Telex: 3722061
SCANDINAVIAN MARINE CLAIMS OFFICE, INC.
333 Ludlow Street (at Canal Street)
P.O. Box 120020
Stamford, CT 06912-0020
Telephone: (203) 975-7100
Facsimile: (203) 975-7146
Telex: WU23669538 ECNAL
SHIPOWNERS CLAIMS BUREAU, INC.
5 Hanover Square, 20th Floor
New York, NY 10004
Telephone: (212) 269-2350
Facsimile: (212) 825-1391
Telex: 222091
THOMAS MILLER AMERICA
15 Exchange Place
Jersey City, NJ 07302-3912
Telephone: (201) 557-7300
Cellular: (201) 315-1755
Facsimile: (201) 946-0167
Telex: 961250 or 177713
Houston
1980 Postoak Boulevard
Houston, TX 77056
Telephone: (713) 850-1077
Facsimile: (713) 850-8748
QUALIFIED INDIVIDUALS
ABS QUALIFIED INDIVIDUAL SERVICES, INC.
ABS Plaza
Houston, TX 77060-6008
Telephone: (713) 873-0700
Facsimile: (713) 874-9551
ENVIRONMENTAL CRISIS MANAGEMENT INC.
20 Signal Road
Stamford, CT 06902
Telephone: (800) 338-4490
Facsimile: (203) 975-7002
GALLAGHER MARINE SYSTEMS, INC.
1020 N. Fairfax Street, Ste. 200
Alexandria, VA 22314
Telephone: (703) 836-2200
Facsimile: (703) 836-3923
Telex: 4961691 GMS UI
HUDSON QUALIFIED INDIVIDUAL SERVICES, INC.
Hudson Square, 800 Cooper Street
Camden, NJ 08102
Telephone: (609) 342-7500
Facsimile: (609) 342-8722
MARISPOND, INC.
1901 Market Street
Philadelphia, PA
Telephone: (215) 923-9300
Facsimile: (215) 440-7197
O'BRIEN OIL POLLUTION SERVICES, INC.
(OOPS, Inc.)
505 Weyer Street
Gretna, LA 70053
Telephone: (504) 368-9845
Facsimile: (504) 368-0630
OIL SPILL RESPONSE ORGANIZATIONS
MARINE SPILL RESPONSE CORPORATION
8777 N. Gainey Center Drive
Ste. 165
Scottsdale, AZ 85258
Telephone: (602) 991-5500
Facsimile: (602) 991-6085
NATIONAL RESPONSE CORPORATION
446 Edwards Avenue
P.O. Box 609
Calverton, NY 11933
Telephone: (516) 369-8644
Facsimile: (516) 369-4908
VOLUNTARY INDUSTRY ASSOCIATIONS
CRISTAL
Cristal Services Ltd.
Staple Hall
Stonehouse Court
87-90 Houndsditch
London EC3A 7AB, England
Telephone: 011-44-171-621-1322
Facsimile: 011-44-171-626-5913
Telex: (851) 808043 CRISTL
TOVALOP
Staple Hall
Stonehouse Court
87-90 Houndsditch
London EC3A 7AB, England
Telephone: 011-44-171-621-1255
Facsimile: 011-44-171-621-1783
Telex: (851) 887514
MISCELLANEOUS
CRAWFORD & CO.
5620 Glenridge Dr., N.E.
P.O. Box 5047
Atlanta, GA 30302
Telephone: (404) 256-0830
Facsimile: (404) 847-4668
N. DeWEIR & CO.
R.R. #5
Cundys Harbor, ME 04011
Telephone: (207) 725-5090
Facsimile: (207) 725-5090
MARITIME BUREAU, INC.
11 West Bay Street
Savannah, GA 31401
Telephone: (912) 236-6366
Facsimile: (912) 236-1704
Pager: 1-800-209-5738
THE SALVAGE ASSOCIATION
29 Broadway - 21st Floor
New York, NY 10006
Telephone: (212) 785-1720
Facsimile: (212) 785-1732
STATE AGENCIES/TELEPHONE NOS.
Alabama
Dept. of Environmental Mgmt.
Field Operation Div. 205-260-2700
(after hours)
205-242-1375
Alaska
Dept. of Environmental Conserv.
Spill Prev. & Response Office 907-465-2640
California
Dept. of Fish & Game
Oil Spill Response Unit 916-445-3531
(after hours)
916-324-6254
Connecticut
Dept. of Environmental Protection
Oil & Chemical Spill Sec.
203-566-4633
(after hours)
203-566-3338
Delaware
Dept. of Natural Resources
& Environmental Control
Enforcement Officer 302-739-5072
Florida
Dept. of Natural Resources
Div. of Law Enforcement 904-488-5757
(after hours)
305-325-3346
Georgia
Dept. of Natural Resources
Emergency Response Team 404-656-4863
Louisiana
Dept. of Environmental Quality
Surveillance Office
504-295-8976
(after hours)
504-342-1234
Maine
Dept. of Environmental Prot.
Bureau of Hazardous Waste 207-289-7800
(after hours)
207-289-2155
Maryland
Hazardous and Solid Waste
Management Dept.
Emergency Response Program 301-333-2950
(after hours)
301-974-3551
Massachusetts
Dept. of Environmental Prot.
Emergency Response Branch 617-292-5850(after hours)
617-566-4500
Mississippi
Dept. of Environmental Quality
Office of Pollution Control
Emergency Services Section 601-961-5171
(after hours)
601-352-9100
New Hampshire
Dept. of Environmental Services
Oil Compliance Section 603-271-3644
(after hours)
603-271-3636
New Jersey
Dept. of Environmental Prot.
Bureau of Emergency Response 609-292-1075
(after hours)
609-292-7172
New York
Dept. of Environmental Conserv.
Bureau of Spill Prev. & Resp. 518-457-7362
North Carolina
Dept. of Environment,
Health & Natural Resources
Div. of Environmental Mgmt. 919-733-5083
(after hours)
919-733-3867
Oregon
Oregon Emergency Mgmt. 503-378-4124
Pennsylvania
Dept. of Environmental Response.
Emergency Response Office 717-787-4343
Rhode Island
Dept. of Environmental Mgmt.
Div. Ground Water Protection 401-277-2234
(after hours)
401-277-3070
South Carolina
Dept. of Health and Environmental Control
Emergency Response Div. 803-734-5200
Texas
Texas General Land Office
Marine Poll. Issues Group
1-800-832-8224
Virginia
State Water Control Board
Pollution Response Program 804-527-5194
(after hours)
804-527-5200
Washington
Department of Community Dev.
Emergency Management Div. 1-800-258-5990
COAST GUARD
DISTRICT HEADQUARTERS

1st Coast Guard District
Boston, Massachusetts 617-223-8444
2nd Coast Guard District
St. Louis, Missouri
314-539-2655
5th Coast Guard District
Portsmouth, Virginia 804-441-3299
7th Coast Guard District
Miami, Florida 305-536-5611
8th Coast Guard District
New Orleans, Louisiana 504-589-4256
9th Coast Guard District
Cleveland, Ohio 216-522-4405
11th Coast Guard District
Long Beach, California 213-499-5590/day
213-499-5555/nite
13th Coast Guard District
Seattle, Washington
206-286-5540
14th Coast Guard District
Honolulu, Hawaii
808-541-2062
17th Coast Guard District
Juneau, Alaska 907-463-2450

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