from the discharge. The state Attorney General may recover these by bringing an action in tort. C.21 § 27 (10). One who negligently pumps, discharges or deposits crude petroleum or any of its products so as to damage the property of another is liable in tort to that person for double the damages caused thereby. C.91 § 59A. No limitation of liability. Liability of "Third Parties" Who Cause a Spill from Another's Vessel § 11(g): The "responsible" party or parties are jointly and severally liable for all costs of investigation and removal. Good Samaritan provision. C.21 § 27(10). Evidence of Financial Responsibility § 11 (p) (1): Any vessel using state waters to carry an oil cargo must post a bond of $25,000 or other evidence of financial responsibility for liabilities and fines incurred from oil discharges. Failure to bond or to evidence responsibility subjects the vessel owner or operator to a fine of up to $5,000. C.21 § 50B. Other: A permit is required for the collection or disposal of waste oil. C.21 §252. Terminals handling oil must be licensed and inspected. Failure to have a license punishable by a fine of $100 per day. C.21 § 50. CONNECTICUT, TITLE 25 $25-54BB-25-54HH (1969) Discharges Prohibited § 11 (b) (2) (3) : No direct prohibition. Administrative Powers, § 11 (b) (5), § 11 (d), § 11 (e), § 11(n): No provision. Liability for Removal Costs (and Exceptions) §§ 11(f) (1): One who directly or indirectly causes pollution through the discharge of "oil or any petroleum or chemical liquid or product” is liable for the costs of containing the spill and removing it. No exceptions stated. § 25-54ee. Limitation of Liability for Removal Costs § 11(f) (1): No limitation of liability. § 25-54ee. Liability for damages to Third Parties § 11 (o) (1): No provision. Liability of "Third Parties" Who Cause a Spill from Another's Vessel § 11(g) : A third party who causes a spill, discharge, or the like is liable to the state whether or not he was negligent (§ 25-54ee) or to the discharging party if he was negligent (§ 25-54ff) for cost of containment and removal. Jointly negligent parties are liable pro rata. § 25-54ff. Good Samaritan provision. $25-54ff (b). Evidence of Financial Responsibility § 11 (p) (1): No provision. Other: A permit is required for any disposal or collection of waste oil or petroleum or chemical liquids or products. § 25-54hh. State Commissions to license all terminals that handle oil and the like. § 25-54cc (b). MARYLAND, ARTICLE 96A § 29-29D (1970) Discharges Prohibited § 11 (b) (2) (3) : Any discharge of oil into waters from any vessel, ship, boat, or the like except in the event of an emergency imperiling life or property or an unavoidable accident. § 29(a). Penalty for Discharge § 11(b) (5): The discharging person is guilty of a misdemeanor to be punished by a fine of up to $10,000 and/or imprisonment for up to one year. The discharging vessel is subject to the same pecuniary liability which will constitute a lien on the vessel. § 29 (b). Administrative Powers, § 11(b) (5), § 11(d), § 11(e), § 11(n): Vessel may be detained until its penalty is paid. § 29 (b). State enforcement officers have express authority to arrest any person who violates this statute and to do so without process if the offense is committed in their presence. § 29 (c). Notice of Discharge § 11(b) (4): No provision. Procedures for Removal of Discharged Oil § 11 (c) (d), § 11(j): State Department of Natural Resources and Maryland Port Authority to develop a state emergency plan to respond to oil spillages. § 29A. No direct authority to remove oil absent such a plan. Statute assumes that the state, and not the discharging vessel, will "eliminate the residue." § 29B. Liability for Removal Costs (and Exceptions) §§ 11 (f) (1) Person responsible for a spillage is liable for the cost of eliminating the residue of the spillage. No exceptions stated. § 29B. Limitation of Liability for Removal Costs § 11(f) (1): No limitation of liability. § 29B. Liability for Damages to Third Parties §11(o) (1): If the state Department of Natural Resource finds damage to wildlife, it can repair that damage, restore water resources, and recover costs from the party causing the damage-with no limitation of liability. §29D. Liability of "Third Parties" Who Cause a Spill from Another's Vessel §11(g): No provision. Evidence of Financial Responsibility §11 (p) (1): No provision. VIRGINIA, STATE WATER LAWS (1968, 1970) Dicharges Prohibited § 11(b) (2) (3): 2 separate provisions: Any discharge of oil from a vessel prohibited except in cases of emergency imperiling life or property or of unavoidable accident. State agency may regulate discharge of oil from vessels. § 62.1-195. No owner or operator of a vessel may cause or permit the discharge of any petroleum product sufficient to damage aquatic life or beaches. § 62.1-44.34. Penalty for Discharge § 11(b(5): Violation of § 62.1-195 is a misdemeanor punishable by a fine of $500-$2,000 and/or imprisonment for 30 days to 1 year. § 62.1-195. Violation of § 62.1-44.34 punishable by a fine of $100-$5,000. Each day of violation is a separate offense. § 62.1-44.32. Administrative Powers § 11(b) (5), § 11(d), § 11(e), § 11(n): State may order one permitting or causing pollution of state waters to cease and desist, which order may be enforced by the state courts. §§ 62.1-44.15 (8), 62.1-44.29, 62.144.34. Notice of Discharge § 11 (b) (4): No provision. Procedures for Removal of Discharged Oil § 11 (c) (d), § 11 (j): State Water Control Board may order the person responsible for a spill illegal under § 62.144.34 to take necessary action to abate any pollution caused thereby. If the Board cannot determine immediately who is responsible for the discharge, it may take necessary action to abate any pollution with the consent of the Governor. § 62.1-44.34. Liability for Removal Costs (and Exceptions) §§ 11(f) (1): The cost of abatement undertaken by the state is recoverable from the person causing or permitting the discharge. No exceptions stated. § 62.1-44.34. Limited of Liability for Removal Costs § 11(f) (1): No limitation of liability in § 62.1-44.34. See, however, description in next block, infra. Liability for Damages to Third Parties § 11(o) (1): One who discharges oil in violation of § 62.1-195 is liable to the city or county in which the oil is discharged for $1 per gallon spilled in liquidated damages, such amount collectible by an action in admiralty. This liability is limited to $15,000. The statute is unclear as to whether this limit applies to removal liability under § 62.1-44.34 or whether the liquidated damages are to compensate for costs of removal or for third party damages or both. § 62.1-195. Liability of "Third Parties" Who Cause a Spill from Another's Vessel § 11 (g): No provision. Evidence of Financial Responsibility § 11 (p) (1): No provision. FLORIDA, OIL SPILL PREVENTION AND POLLUTION CONTROL ACT OF 1970, CHAPTER 70-244. Discharges Prohibited § 11(b) (2) (3): Any discharge of oil, petroleum product, petroleum by-products, or other pollutants (including non-oil matter) into or upon coastal waters, estuaries, tidal flats, beaches and lands adjoining the seacoast. § 4. Penalty for Discharge § 11(b) (5): Civil penalty for any violation of statute of up to $50,000, with each day of violation a separate offense. If the discharge is reported to the state immediately, there is no penalty. §§ 10, 16. Administrative Powers § 11 (b) (5), § 11(d), § 11(e), § 11(n): Port manager may board a vessel prior to its entry into port to ascertain its seaworthiness and the presence of required containment gear. §7(c). State Department of Natural Resources to establish rules that would deny a vessel entry into port under less than minimum weather and sea conditions. § 7(g). Prior to being granted entry to a port, the master of a vessel must report any discharges since he left his last port, any mechanical problem which creates the possibility of a spill, or any denial of entry to port during the current cruise of the vessel. Statute unclear as to port manager's authority to refuse entry on the basis of this information. § 7(h). Notice of Discharge § 11(b) (4): Pilot and master of a vessel to report a discharge immediately to port manager and U.S. Coast Guard. § 7(b). Failure to give this notice is a felony punishable by a fine up to $10,000 or imprisonment for up to 2 years. § 12. Procedures for Removal of Discharged Oil § 11(c) (d), § 11 (j) : The discharging party must remove the discharge to the satisfaction of the state Department of Natural Resources. The Department itself may also undertake the removal. § 8(i). The Department will establish regulations for removal and the port manager can order the discharging vessel to take removal measures deemed necessary. § 7(c), (d). The Department is to require containment gear on vessels. 7(a). Governor has special powers to respond to an emergency. § 13. State to cooperate with U.S. under § 11 of 1970 federal act. § 8(2). Containment gear required for facilities. § 6. Liability for Removal Costs (and Exceptions) §§ 11 (f) (1): Discharging party liable without regard to fault for all costs of abatement and clean-up performed by a state or local agency. State (apparently in its discretion) “may” waive liability if the discharge was caused by an act of God, war, government, or third party. § 11. Limitation of Liability for Removal Costs § 11(f), (1) : No límitation on liability. § 11. Liability for Damages to Third Parties § 11(o)(1): Discharging party liable without regard to fault for all costs of rehabilitation of wildlife performed by the state. State (apparently in its discretion) "may" waive liability if the discharge was caused by an act of God, war, government, or third party. No limitation on this liability. § 11. Liability, of "Third Parties" Who Cause a Spill from Another's Vessel § 11(g): The right of the discharging party to proceed against responsible third parties is preserved. § 8(5). Good Samaritan provision. § 8(4). Evidence of Financial Responsibility § 11 (p) (1): Vessels and terminal facilities must provide evidence of financial responsibility based on capacity, cargo carried, and other factors established by regulation. Any claims may be brought against the person providing evidence of financial responsibility. The amount for which evidence of responsibility is required is not specified. $14. Other: Terminal facilities must be licensed. This requirement includes vessels of the facilities used to transfer oil to vessels lying offshore. § 6. MICHIGAN, WATERCRAFT POLLUTION CONTROL ACT OF 1970, ACT 167, 1970 Discharges Prohibited § 11(b) (2) (3) : Discharge or causing the discharge of any oil, litter or the like which "render the water unsightly, noxious or otherwise unwholesome so as to be detrimental to the public health or welfare or to the enjoyment of the water for recreational purpose." § 3–533 (203) (1). Discharge of garbage, sewage, litter, or oil from watercraft. § 3–533 (203) (2). Discharge of oil or oily wastes from watercraft that threaten to pollute waters or beaches § 3-533 (211). Penalty for Discharge § 11 (b) (5): Violation of the statute is a misdemeanor punishable by a fine of up to $500. One who maintains maritime safety requirements and complies with federal marine and navigation laws and regulations is not subject to this fine. § 3-533 (211). Administrative Powers, § 11(b) (5), § 11(d), § 11(e), § 11(n): No provision. Notice of Discharge § 11 (b) (4): No provision. Procedures for Removal of Discharged Oil § 11 (c) (d), § 11(j): The owner or operator of any watercraft which discharges or causes or contributes to a discharge must remove that discharge immediately from waters and shoreline. By implication, the state may remove the discharge. § 3-533 (207) (2), General power to promulgate rules. Statute unclear whether this would permit rules on matters not specifically mentioned therein such as requirements of containment gear or the like or authority to board and inspect vessels. § 3-533 (209), (210). Liability for Removal Costs (and Exceptions) §§ 11(f) (1): If the state removes the discharge, the watercraft and its owner or operator are liable for all costs of removal. No exceptions stated. § 3-533 (207) (2). Limitation of Liability for Removal Costs § 11(f) (1): No limitation of liability. § 3-533 (207) (2). Liability for Damages to Third Parties § 11(o) (1): No provision. Liability of "Third Parties" Who Cause a Spill from Another's Vessel § 11(g): No provision. Evidence of Financial Responsibility § 11(p) (1): No provision. CALIFORNIA (1968, 1970) Discharges Prohibited § 11 (b) (2) (3) : Any intentional or negligent discharge of oil except for discharges of sewage and industrial waste permitted by Water Code Chapter 4, Division 7, Harbors and Navigation Code § 151. Penalty for Discharge § 11 (b) (5): Civil penalty up to $6,000. Harbors and Navigation Code § 151. Administrative Powers, § 11(b) (5), §11(d), § 11(e), §11(n): No provision. Notice of Discharge § 11(b) (4): No provision. Procedures for Removal of Discharged Oil § 11(e) (d), § 11(j): State Fish and Game Department authorized to clean up the effects of a discharge of petroleum or petroleum products. Fish and Game Code § 5655. Liability for Removal Costs (and Exceptions) §§ 11(f) (1): Fish and Game Department to recover reasonable costs of clean-up or abatement from one who has discharged oil intentionally or negligently. Fish and Game Code § 5655; Harbors and Navigation Code § 151. Limitation of Liability for Removal Costs § 11 (f) (1): No limitation of liability. Harbors and Navigation Code § 151. Liability for Damages to Third Parties § 11 (o) (1): In addition to liability for costs of clean-up or abatement, one who discharges oil intentionally or negligently is liable to the Fish and Game Department, for all "actual damages," without limit. "Actual damages" is not defined and the statute is unclear whether this applies damages to private parties. Harbors and Navigation Code § 151. Liability of "Third Parties" Who Cause a Spill from Another's Vessel § 11 (g): No provision. Evidence of Financial Responsibility § 11 (p) (1): No provision. WASHINGTON, BCW 90.48.315 ET SEQ. (1969, 1970) Discharges Prohibited § 11(b) (2) (3) : Any discharge of oil not otherwise permitted by state law except discharges caused by an act of God or war or by a negligent act of the state or the United States. § 90.48.320. Penalty for Discharge § 11(b) (5): If the discharge is intentional or negligent, the discharging party is liable for a penalty of up to $20,000 per violation. § 90.48.350. Administrative Powers, § 11(b) (5), § 11(d), § 11(e), § 11(n): State Water Pollution Control Commission may board vessels to investigate violations of the statute. § 90.48.355. Notice of Discharge § 11(b)(4): The person discharging must notify the state Water Pollution Control Commission immediately. § 90.48.360. Procedures for Removal of Discharged Oil § 11(c) (d), § 11(j): The discharging party must remove the oil. If removal is not possible, he must contain, treat, or dispose of it. The state can prohibit or restrict the use of chemical or other dispersants if it appears that their use would be detrimental to the public interest. § 90.48.325. The state is given express authority to investigate a discharge and to remove and contain it. § 90.48.330. Liability for Removal Costs (and Exceptions) §§ 11(f) (1): If the Water Pollution Control Commission removes a prohibited discharge because the "responsible" party failed to do so, that party is liable for the State's expenses in removal or containment. § 90.48.335, 340. Limitation of Liability for Removal Costs § 11(f) (1): No limitation of liability. § 90.48.335, 340. Liability for Damages to Third Parties § 11 (o) (1): Liability without regard to fault for damages to public or private persons or property resulting from any discharge not caused by an act of God or war or a negligent act of the state or United States. No limitation of liability. § 90.48-(§ 6 of 1970 Act). Liability of "Third Parties" Who Cause a Spill from Another's Vessel § 11(g): Any person not an owner or operator responsible for a prohibited discharge is liable for clean-up expenses undertaken by the state or any other party. No limitation of liability. § 90.48-(§ 7 of 1970 Act). Evidence of Financial Responsibility § 11 (p) (1): No provision. Other: Permits required prior to any discharge of oil. § 90.48-(§ 8 of 1970 Act). ALASKA, STATUTES TITLE 46, CHAPTER 05 (1968, 1970) Discharges Prohibited § 11(b) (2) (3) : Any discharge of petroleum or its residuary products, coal tar, asphalt, and the like, which violates state water standards is expressly prohibited, unless caused by an act of God or by circumstances beyond the control of the discharging party. § 46.05.170(b). Any discharge of ballast water, tank-cleaning waste water, or other waste containing oil in excess of 100 parts per million of oily residue by vessels over 300 tons. § 46.05.173 (a). Penalty for Discharge § 11(b) (5): Fine of up to $25,000 and/or imprisonment for 30 days to 1 year. § 46.05.210(a). Administrative Powers, § 11(b) (5), § 11(d), §11(e), §11(n): State Attorney General may bring injunctive action to prevent a violation of these statutes. $ 46.05.200. Vessel may be detained as security for damages for non-ballast discharges. § 46.05.215. A vessel having discharged ballast at sea in violation of § 46.05.173 may not take on oil, petroleum products, or their by-products as cargo in Alaska. § 46.05.173(b). State Department of Health and Welfare may order the immediate discontinuance of pollution of waters if it finds that an emergency exists. § 46.05.190. Notice of Discharge § 11 (b)(4): Person in charge of vessel to notify State Department of Health and Welfare of any ballast discharge. § 46.05.173(d). Procedures for Removal of Discharged Oil § 11 (c) (d), § 11(j): No explicit provision. However, damage provision § 46.05.210 (c), infra, assumes that state may have removed a discharge and restored the environment to its former state. Liability for Removal Costs (and Exceptions) § 11(f) (1): One who violates either § 46.05.170 or § 46.05.173 is liable to the state for "liquidated damages," which term is not defined, at $5,000-$100,000. § 46.05.210(b). Limitation of Liability for Removal Costs § 11(f) (1): One who violates § 46.05.173 (discharge of ballast) is also liable for damages of $100 per ton of vessel or per $500 evaluation of facility or $14 million, whichever is less. If the violation was the result of willful negligence or willful misconduct, “damages" means cost of abatement, containment, and removal and of reasonable restoration of the environment to its former state. When violation not willful. "damages" is not defined. No limitation of liability if violation the result of willful negligence or willful misconduct. § 46.05.210 (c). Liability for Damages to Third Parties § 11 (0) (1): See immediately above. Liability of "Third Parties" Who Cause a Spill from Another's Vessel § 11(g): No provision. Evidence of Financial Responsibility § 11(p) (1): No provision. The scheme of regulation of section 11 is comprehensive in scope. It is also a carefully balanced scheme. Liability for the costs of oil clean-up is not absolute: a vessel owner is excused if a discharge from his vessel is caused, not by his act. but by an act of God, an act of war, negligence of the United States, or the act of a third party-and if a third party is the cause, that third party must pay clean-up costs. Congress carefully considered alternative standards of liability. including a standard that recognized no exception from liability in the case of an oil spill caused entirely by a third party. See S. 7 as reported to the Senate Public Works Committee by the Air and Water Pollution Subcommittee, 91st Cong., 1st Sess., Comm. Print No. 3, pp. 28-29. July 2, 1969. It rejected these alternatives, and decided that a vessel owner should not be liable if a discharge was wholly the result of factors he could not control. Similarly, unless a discharge is caused by a vessel owner's or operator's wilfulness or negligence, liability for oil clean-up costs is limited to $100 per ton of the vessel, up to $14 million. Congress considered imposing unlimited liability (see H.R. 14000, 90th Cong., 1st Sess., p. 7, as introduced on November 14, 1967). and decided against it. Evidence received in hearings on the 1970 Act indicated that insurance could not be purchased at levels substantially above $100 per ton. |