CHAPTER 146-A OIL DISCHARGE OR SPILLAGE IN SURFACE WATER OR GROUNDWATER
Section 146-A:3-f
146-A:3-f Spill Response Plan. –
I. Oil pipeline facility owners shall submit a spill response plan to the department that provides spill protection equivalent to or greater than a facility response plan under 49 C.F.R. section 194.101. A person who has contracted with an oil pipeline facility to provide containment and cleanup services may submit the spill response plan, on behalf of the owner, for any oil pipeline facility for which the person is contractually obligated to provide services.
II. Response plans shall, at a minimum, include the following:
(a) The number, training preparedness, and fitness of all dedicated personnel assigned to direct and implement the plan;
(b) Arrangements for the positioning of oil spill containment, cleanup equipment, and trained personnel at strategic locations from which they can be deployed to the spill site to promptly and properly remove the spilled oil; and
(c) The amount and type of equipment available to respond to a spill, where the equipment is located, and the extent to which other contingency plans rely on the same equipment.
III. Spill response plans for oil pipeline facilities shall be submitted to the department within 6 months after the department has adopted rules under this section.
IV. The department shall approve a spill response plan for an oil pipeline facility only if it determines that the plan meets the requirements set forth in this section and rules adopted by the department.
V. Upon approval of a spill response plan for an oil pipeline facility, the department shall provide to the person submitting the plan a statement indicating that the plan has been approved, the oil pipeline facilities covered by the plan, and any other information the department determines should be included.
VI. An owner or operator of an oil pipeline facility shall notify the department in writing immediately of any significant change of which it is aware affecting its spill response plan, including changes in any factor set forth in this section or in rules adopted by the department. The department may require the owner or operator to update a spill response plan as a result of such changes.
VII. The department by rule shall require spill response plans to be reviewed, updated, if necessary, and resubmitted to the department at least once every 5 years.
VIII. Approval of a spill response plan by the department shall not constitute an express assurance regarding the adequacy of the plan nor constitute a defense to liability imposed under this chapter or any other state law.
Source. 2014, 137:4, eff. June 16, 2014; 303:6, eff. June 16, 2014 at 12:01 a.m.