§2735. Equipment and personnel requirements under tank vessel and facility response plans

33 U.S.C. § 2735

(a)

In general— In addition to the requirements for response plans for vessels established by section 1321(j) of this title, a response plan for a tanker loading cargo at a facility permitted under the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.), and a response plan for such a facility, shall provide for—

(1)

prepositioned oil spill containment and removal equipment in communities and other strategic locations within the geographic boundaries of Prince William Sound, including escort vessels with skimming capability; barges to receive recovered oil; heavy duty sea boom, pumping, transferring, and lightering equipment; and other appropriate removal equipment for the protection of the environment, including fish hatcheries;

(2)

the establishment of an oil spill removal organization at appropriate locations in Prince William Sound, consisting of trained personnel in sufficient numbers to immediately remove, to the maximum extent practicable, a worst case discharge or a discharge of 200,000 barrels of oil, whichever is greater;

(3)

training in oil removal techniques for local residents and individuals engaged in the cultivation or production of fish or fish products in Prince William Sound;

(4)

practice exercises not less than 2 times per year which test the capacity of the equipment and personnel required under this paragraph; and

(5)

periodic testing and certification of equipment required under this paragraph, as required by the Secretary.

(b)

Definitions— In this section—

(1)

the term “Prince William Sound” means all State and Federal waters within Prince William Sound, Alaska, including the approach to Hinchenbrook Entrance out to and encompassing Seal Rocks; and

(2)

the term “worst case discharge” means—

(A)

in the case of a vessel, a discharge in adverse weather conditions of its entire cargo; and

(B)

in the case of a facility, the largest foreseeable discharge in adverse weather conditions.

Notes, amendments, and revision history

(Pub. L. 101–380, title V, § 5005, Aug. 18, 1990, 104 Stat. 553; Pub. L. 102–388, title III, § 354, Oct. 6, 1992, 106 Stat. 1555.)

Editorial Notes

References in Text

The Trans-Alaska Pipeline Authorization Act, referred to in subsec. (a), is title II of Pub. L. 93–153, Nov. 16, 1973, 87 Stat. 584, which is classified generally to chapter 34 (§ 1651 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1651 of Title 43 and Tables.

Amendments

1992—Subsec. (a). Pub. L. 102–388 substituted “tanker loading cargo at” for “tank vessel operating on Prince William Sound, or” and directed the insertion of “and a response plan for such a facility,” after “(43 U.S.C. 1651 et seq.).”, which was executed by making the insertion after “(43 U.S.C. 1651 et seq.),” to reflect the probable intent of Congress.