[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR109.5]



[Page 16-17]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 109_CRITERIA FOR STATE, LOCAL AND REGIONAL OIL REMOVAL CONTINGENCY 

PLANS--Table of Contents

 

Sec.  109.5  Development and implementation criteria for State, local 

and regional oil removal contingency plans.



    Criteria for the development and implementation of State, local and 

regional oil removal contingency plans are:

    (a) Definition of the authorities, responsibilities and duties of 

all persons, organizations or agencies which are to be involved or could 

be involved in planning or directing oil removal operations, with 

particular care to clearly define the authorities, responsibilities and 

duties of State and local governmental agencies to avoid unnecessary 

duplication of contingency planning activities and to minimize the 

potential for conflict and confusion that could be generated in an 

emergency situation as a result of such duplications.

    (b) Establishment of notification procedures for the purpose of 

early detection and timely notification of an oil discharge including:

    (1) The identification of critical water use areas to facilitate the 

reporting of and response to oil discharges.

    (2) A current list of names, telephone numbers and addresses of the 

responsible persons and alternates on call to receive notification of an 

oil discharge as well as the names, telephone numbers and addresses of 

the organizations and agencies to be notified when an oil discharge is 

discovered.

    (3) Provisions for access to a reliable communications system for 

timely notification of an oil discharge and incorporation in the 

communications system of the capability for interconnection with the 

communications systems established under related oil removal contingency 

plans, particularly State and National plans.

    (4) An established, prearranged procedure for requesting assistance 

during a major disaster or when the situation exceeds the response 

capability of the State, local or regional authority.

    (c) Provisions to assure that full resource capability is known and 

can be committed during an oil discharge situation including:



[[Page 17]]



    (1) The identification and inventory of applicable equipment, 

materials and supplies which are available locally and regionally.

    (2) An estimate of the equipment, materials and supplies which would 

be required to remove the maximum oil discharge to be anticipated.

    (3) Development of agreements and arrangements in advance of an oil 

discharge for the acquisition of equipment, materials and supplies to be 

used in responding to such a discharge.

    (d) Provisions for well defined and specific actions to be taken 

after discovery and notification of an oil discharge including:

    (1) Specification of an oil discharge response operating team 

consisting of trained, prepared and available operating personnel.

    (2) Predesignation of a properly qualified oil discharge response 

coordinator who is charged with the responsibility and delegated 

commensurate authority for directing and coordinating response 

operations and who knows how to request assistance from Federal 

authorities operating under existing national and regional contingency 

plans.

    (3) A preplanned location for an oil discharge response operations 

center and a reliable communications system for directing the 

coordinated overall response operations.

    (4) Provisions for varying degrees of response effort depending on 

the severity of the oil discharge.

    (5) Specification of the order of priority in which the various 

water uses are to be protected where more than one water use may be 

adversely affected as a result of an oil discharge and where response 

operations may not be adequate to protect all uses.

    (e) Specific and well defined procedures to facilitate recovery of 

damages and enforcement measures as provided for by State and local 

statutes and ordinances.