06-096-600 Me. Code R. § 4

Current through 2024-51, December 18, 2024
Section 096-600-4 - Oil Discharges
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.

06-096 C.M.R. ch. 600, § 4