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Oil Spill & Pollution Resource Center
Contents:
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.
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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