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STATUTORY INSTRUMENTS  
 
2014 No …. 
 
THE NATIONAL ENVIRONMENT ( OIL SPILL PREVENTION, CONTROL  AND 
MANAGEMENT) REGULATIONS, 201 4. 
 
(Under section….of the National Environment Act, Cap 153)  
 
IN EXERCISE of the powers conferred on the Minister responsible for the National Environment Act, by 
sections 56 and 10 7, and on the recommendation of the Policy Committee on the Environment and the 
Board, these Regulations are made this ……… day of…………..,  2014.  
 
PART 1 - PRELIMINARY  
1. Citation  
These Regulations may be cited as the National Environment (Oil Spill Prevention, Control and 
Management ) Regulations , 201 4. 
.  
2. Purpose of Regulations  
The purpose of these Regulations is to provide for -  
(a)  the prevention, control and monitoring of oil spill caused by oil and other harmful or dangerous 
substances in waters and on land  under Ugandan jurisdiction and other matters;  
(b) the establish ment of  basic principles to be observed in handling oil and other harmful or dangerous 
substances in  facilities, p latforms and vessels in Uganda;  
(c)  role of the NEMA and other spill responders ; 
(d) enforcement of spiller r esponsibility ; 
(e)  access and right -of-entry  to spill sites ; 
(f)  contractor selection and call -out; 
(g)  emergency response to fire and safety hazard;  
(h)  confining and containing  oil  releases ; 
(i) correcti ve action ; 
(j)   personal health and safety protection  during  an oil spill ; 
(k)  equipment training, calibration, and maintenance;  
(l)  proper management of spill residuals and d ebris ; and 
(m)  quality assurance and quality control p rocedures . 
3. Application  
(1)  These R egulations apply to - 
 
(a)  handling facilities;  
 
(b) all categories of petroleum products;  
 
(c) production, storage, transportation, distribution, use and final disposal of used and waste oils;  
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(d) petroleum activities under  the Petroleum (Exploration, Development and Pr oduction) Act, 2013,  
midstream operations under the Petroleum (Refining, Conversion, Transmission and Midstream 
Storage) Act, 2013 and  activities under the  Petroleum Supply Act, 2003  including - 
 
(i) petroleum activities or  midstream operations  including cru de oil production, 
processing and conveyance systems, producing wells, refinery, pipelines, central 
processing units, storage facilities, handling facilities, decommissioning  and  
related infrastructure;  
 
(ii) any structure, device or other associated installa tions  or infrastructure including 
oil wells, pipelines,  refinery, valve stations,  pump stations, compressor stations 
and equipment  constructed, placed or used in order to carry out  petroleum 
activities;  
 
(iii)  vessel, vehicle or craft when stationary and used for drilling or support of on -
going petroleum activities;  
 
(iv)  vessel, vehicle or craft for transportation of petroleum  in bulk when connected to 
a facility for loading of  petroleum;  
 
(v) any plant, structure, device or other associated  equipment or infrastructur e used 
for midstream operations;  
 
(vi) all operations, activities, installations, equipment and  other facilities directly or 
indirectly related to the petroleum supply operations including fuel tanks and  fuel 
pump stations;  and  
 
(vii) any oil handling facility or f acility which involve a significant risk of discharge of 
over 10 tonnes of oil especially those located in an area of significant 
environmental sensitivity, or in an area where a discharge of oil or other 
substances could caus e significant economic damage;  
 
(e)  any other facility that handles any type of oil including motor garages,  factorie s that produce 
cooking oil;  
 
(f) roads and highway  incidents or accidents;   
 
(g)  shipping and boating in the major lakes (Victoria and Alb ert); navigational requirements, inciden ts 
or accidents; and  
 
(h)  any other activity that may result in an oil spill incident.  
 
4. Requirement for f acilities regulated under these Regulations  
(1) The facilities regulated under these Regulations including installations , platforms, refinery, pipeline s, 
storage facilities and rigs in Uganda  shall - 
 
(a) have elaborate an internal proceedings manual for the control and management of oil spill and other  
pollution risks;  
 
(b) prepare individual oil spill emergency plans to combat  pollution by oil and other harm ful and 
dangerous substances  approved by NEMA  and the relevant lead agency ; 
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(c) give notification  to the competent authority including NEMA,  UWA, NFA  and the Petroleum 
Authority of Uganda, of any incident which might cause  pollution;  and  
 
(d) give compensation  to the competent authorities for expenses made in order to control or minimize 
the pollution caused  by oil spill.  
 
(2) T hese Regulations apply to every offshore installation in Ugandan waters.  
 
5. Exemptions  
These Regulations do  not apply to - 
 
(a) a motor veh icle, as defined in the Traffic and Road Safety Act , unless that motor vehicle is an 
above ground facility  or used to transport petroleum commodities or products ; 
 
(b)  sewage and sewage sludge;  or  
 
(c) spill of oil used  solely for domestic purposes and discharge d from within a dwelling -house.  
 
6. Interpretation  
 In these Regulations, unless the context otherwise requires -  
 
―above ground facility ‖ means a facility that is stationary for a period of 30 days or more and is not an 
underground facility;  
 
―Act‖  mean s the National Environment Management Act ; 
 
―appraisal well‖  means  a well drilled after the discovery of oil or gas to establish the limits of the reservoir, 
the productivity of wells in it and the properties of the oil or gas;  
 
 ―ancillary equipment‖ me ans any devices including piping, fittings, flanges, valves, and pumps used to 
distribute, meter, or control the flow of oil to or from an underground storage system;  
 
―Authority‖ means the National Environment Management Authority established under sectio n 4 of the Act ; 
 
"comprehensive assessment method" means a method including sampling, modelling, and other appropriate 
scientific procedures to make a reasonable and rational determination of injury and cost -effective restoration 
alternatives to natural re sources resulting from an unauthorized discharge of oil;  
 
―container" includes a fixed tank or  a drum even if not connected to fixed pipe or piping;  
 ―contingency plan‖ means a  set of procedures and actions aimed at integrating the various sectoral plans,  as 
well as the definition of human resources, materials and additional equipment for the prevention, control and 
combat pollution of the waters;  
―crisis control ‖ means the control of issues of national importance associated an oil spill incident;  
 
"damag es" means and includes any of the following - 
 
(a) immovable or corporeal movable property - damages for injury to, or economic  
loss resulting from destruction of, immovable or corporeal movable property, which shall be 
recoverable by a person who owns or leases that property;  
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(b) revenues - damages equal to the net loss of taxes, royalties, rents, fees, or net profit share due to 
the injury, destruction, or loss of immovable or corporeal movable property, or natural resources, 
which shall be recoverable b y the  Government;  
 
(c )   public services - damages for net costs of providing increased or additional public services 
during or after removal activities, including protection from fire, safety, or health hazards, caused by 
a discharge of oil, recoverable  by the government;  
 
(d) natural resources - damages for injury to, destruction of or loss of natural resources as defined in 
this regulation, included the reasonable and any direct , documented cost to assess, restore, 
rehabilitate or replace injured natur al resources or to mitigate further injury and their diminution in 
value after such restoration, rehabilitation, replacement or mitigation which shall be recovered by 
government;  
 
―dangerous or harmful substance‖ means any substance which, if discharged into water is able to generate 
risk or harm to  human health or harm the aquatic ecosystem water use and its surroundings;  
 
‖dangerous or harmful substance‖ means any substance which, if discharged into water is able to generate 
risk or harm to human health or harm the aquatic ecosystem water use and its surroundings;  
―discharge‖ includes any spilling, leaking, pumping, pouring,  emitting, emptying , pumping out, dumping  or 
posting  any oil in any quantity from an oil well, pipeline, refinery, transportation or transmission facility, 
central processing unit, storage facility, drilling rigs ,platfo rm and their support facilities  but does  not 
include any discharge of oil, which is authorised by a permit issued  under any applicable law;  
―development well‖ means a well drilled for the extraction of reservoir hydrocarbons;  
 
―dumping‖ means any deliberate disposal of wastes or other matter f rom vessels, platforms, aircraft and 
other facilities, including intentional sinking in waters under Uganda‘s jurisdiction;  
 
―drum" means an oil drum or similar container used for storing oil;  
―ecologically sensitive areas‖ means regions where prevention,  pollution control and the maintenance of 
ecological balance require special measures for the protection and preservation of the environment;  
 "emergency" means an emergency declared by the President in accordance with the law;  
―emergency plan‖ means  set of measures to determine and establish the sectoral responsibilities and actions 
to be triggered immediately after an incident, as well as define the human, material and equipment designed 
to prev ent, control and combat water oil spill;  
―environment‖ means the physical factors of the surroundings of human beings, including land, water, 
atmosphere, climate, sound, odour, taste, the biological factors of animals and plants and the  social factor of 
aesthetics and includes both the natural and the  built environment;  
―environmental body or organ environment‖ means NEMA or a district environmental committee 
responsible for monitoring, control and protection of the environment within their compete nce;  
―Executive Director ―means the Executive Director of the National Environment Management Authority ; 
 
―existing tank system,‖ means a tank system used to contain an accumulation of oil and for  which 
installation commenced before coming into force of t hese Regulations;  
―exploration well‖ means a well drilled into a geological structure not previously drilled;  
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"facility" means any structure, group of structures, equipment, or device other than a vessel which is used 
for one or more of the following purp oses including exploration for, drilling for, producing, storing, 
handling, transferring, processing, or transporting oil and includes  any motor vehicle, rolling stock, or 
pipeline used for one or more of these purposes;  
 
 
―general command‖ means undertak ing the entire responsibility during an oil spill incident;  
 
―GT‖ means gross registered tonnage, and the gross registered tonnage of a ship having alternative gross 
registered tonnages shall be taken to be the larger of those tonnages;  
 
"harmful quantity"  means that quantity of oil the discharge of which is determined by the coordinator to be 
harmful to the environment or public health or welfare or may reasonably be anticipated to present an 
imminent and substantial danger to the public health or welfare;   
 
 "hotline" means the emergency telephone number established in accordance with Part…. to respond to a 
threatened or unauthorized discharge of oil;  
―incident‖ means any discharge of oil, due to the fact or action that causes intentional or accidental risk 
potential harm to the environment or human health;  
―incident c ommander‖ means person in charge of the Incident Control during an oil spill.  
 
―incident control‖ means management of oil spill response operations;  
 
―initial response‖ means immediate actions to be taken in -situ, to block the oil discharge, eliminate pote ntial 
risks associated with the spill, limit the dispersion of oil and initiate the collection or treatment of the oil 
slicks;  
 
―lead agency‖ includes any ministry, department , agency , local government system or public officer in 
which or in whom any law v ests functions of control or management of  any segment of the environment;  
 
―maintenance‖ means the normal operational up keep to prevent an underground storage tank syst em from 
releasing oil ; 
 
―National Contingency Plan‖ means the national plan for pollut ion emergencies prepared by the  National 
Environment Management Authority;  
 
"natural resources" means all land, fish, shellfish, fowl, wildlife, biota, vegetation, air, water, groundwater 
supplies, and other similar resources owned, managed, held in trust,  regulated, or otherwise controlled by the 
government;  
 
―new tank system‖ means a tank system that shall  be used to contain an accumulation of oils and for which 
installation has commenced after the comin g into force of the Regulations;  
 
―crude oil‖ means a naturally occurring liquid consisting of a mixture of hydrocarbons and other organic 
compounds found beneath the earth‘s surface;  
 
―offshore installation‖ means any fixed or floating offshore installation or structure engaged in  oil and gas  
exploration  or production activities or loading or unloading of oil or any fixed or floating offshore 
installation or structure engaged in gas or oil exploration, exploitation or production activities, or loading or 
unloading of oil;  
 
―oil‖ means and includes any pet roleum product  produced, stored, transported or in use in Uganda.  6 
 
 
―oil handling facility‖ means a facility which presents a risk of an oil pollution incident and includes  an oil 
terminal, pipeline and any other facility handling oil but does not include  an offshore installation and  
facilities which present a risk of oil pollution incident and includes, inter alia, ports, oil terminals, pipelines 
and other oil handling facilities;  
―oil pollution emergency plan‖ means a contingency plan (other than the Na tional Contingency Plan) setting 
out arrangements or measures to determine and establish the sectorial responsibilities for responding to 
incidents  and actions to be triggered immediately after the incident  as well as define the human ,material 
and equip ment designed to prevent, control and combat water pollution  which cause or may cause  pollution 
by oil, with a view to preventing such pollution or reducing or minimising its effect;    
―oil pollution incident‖ m eans an occurrence or series of occurrences having the same origin, which results 
or may result in a discharge of oil and which poses or may pose a threat to the marine environment, or to the 
coastline or related interests of the Uganda and which requires emergency action or other immediate 
response;  
 
"owner" or "operator" means - 
(a) any person owning, operating or chartering by demise a vessel;  
(b) any person owning a terminal facility, excluding a political subdivision of the state that as owner 
transfers  possession and the right to use a terminal facility to another person by lease, assignment, or 
permit; or  
 
(c) a person operating a terminal facility by lease, contract, or other form of agreement.  
 
 
―operator‖ means, in relation to an oil handling facil ity a person having, for the time being, the management 
of such facility in the  Uganda, and in relation to an offshore installation, includes any person having the 
management of the installation;  
 
 ―oil‖ means petroleum in any form including crude oil, fu el oil, sludge, oil refuse and refined products such 
as  gasoline, j et fuel and  kerosene;  
 
―oil s pill‖ means a discharge of oil into or upon the enviro nment and any of its components;   
 
―oil s pill clean -up organization‖ means an entity that provides oil s pill response resources, and includes any 
for-profit or not -for-profit contractor, that have been  designated  or approved  by NEMA to provide required 
response resources ;  
 
―owner‖ means any person who owns  a facility or  an underground or above ground sto rage system used for 
storage, use, or dis pensing of oils; 
 
"person in charge" means the person on the scene who is directly responsible for a terminal facility or vessel 
when a threatened or unauthorized discharge of oil occurs or a particular duty arises under this Part.  
 
"person responsible", "responsible person", or "responsible party" means - 
(a) the owner or operator of a vessel or terminal facility from which an unauthorized discharge of oil 
emanates or threatens to emanate;  
 
(b) in the case of an abandoned v essel or terminal facility, the person who would have been the 
responsible person immediately prior to the abandonment;  
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(c) any other person, but not including a person or entity who is rendering care, assistance, or advice 
in response to a discharge or threa tened discharge of another person, who causes, allows, or 
permits an unauthorized discharge of oil or threatened unauthorized discharge of oil;  
 
 
―petroleum‖ means — 
(a) any naturally occurring hydrocarbons, whether in gaseous, liquid or solid state;  
 
(b)  any nat urally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or  
 
(c)  any naturally occurring mixture of one or more hydrocarbons, (whether in a gaseous, liquid or solid  
state) and any other substances; and includes any petroleum as d efined by paragraph (a), (b) or this 
paragraph that has been returned to a natural reservoir,  
 
but does not include coal, shale or any substance that may be extracted from coal or shale;  
 
―petroleum commodities‖ means produced petroleum which is marketabl e for sale, can be used as a 
feedstock for refining or conversion to petroleum products or direct consumption, including energy 
production;  
  
―petroleum p roducts‖ means organic compounds, pure or blended, which are derived from the refining and 
processing of petroleum, including -  
 
(a) all products resulting from refining or conversion of petroleum commodities;  
 
(b) asphalts, bitumens, petroleum coke and other residual products;  
(c) bunkers or heavy residual fuel oils for combustion engines or industrial heat processes , such 
as burners for boilers or heating furnaces;  
(d) commercial gases namely, methane, ethane, propane, butane, and other similar petroleum 
gases produced in the refining process, or mixtures of those gases, whether in gaseous or 
liquefied state;  
(e) gas oil or automotive, industrial or marine diesels;  
(f) gasolines (petrol) or naphtha products;  
(g) kerosene  or other similar oils for illumination or combustion applications;  
(h) lubricating oils namely base oils and refined and blended finished oils;  
(i) turbo fuels for jet propu lsion engines; and  
(j) other products or by -products of petroleum crude processing having a flash point lower than 
120 degrees Celsius, as determined in a Pensky -Martens closed test apparatus.  
 
―pipe or piping‖ means a hollow cylinder or tubular conduit that is not co nstructed out earthen materials;  
―platforms‖ means installation or structure, fixed or mobile, located in waters under national jurisdiction, for 
the activity directly or indirectly re lated to the prospecting and mining of mineral resources coming from the 
bed of the waters or subsoil;  8 
 
―release‖ means any spilling, leaking, discharge, escaping, leaching or disposing from an underground or 
aboveground storage facility  pipeline, refinery , transportation facilities, central processing unit or drilling 
facility  into ground water, surface water, air or subsurface soils ; 
 
―release detection‖ means de termining whether a release of oil  has occurred from a facility of activity 
regulated under th ese Regulations and its secondary barrier or secondary containment around it;  
 
―spill‖ means above or underground release of oils or any other petroleum products   or commodities from a 
facility or activity regulated under these Regulations  that can cause a ny form of environmental damage or 
harm to human health;  
 
―secondary containment system" means a drip tray, an area surrounded by a bund or any other system for 
preventing oil which is no longer in its container from escaping fr om the place where it is sto red; 
―support facilities‖ means any facilities or equipment to support the implementation of the activities of the 
platforms or facilities handling bulk oil, such as pipelines;  
―storage capacity‖ means the aggregate capacity of all facilities placed toge ther in one location;  
 
―storage facility‖  includes underground storage system, above ground tank system and includes a tank,  
pipeline, midstream storage, upstream storage,  pipe or any ancillary equipment to such storage systems ; 
 
―tank‖ or ― tanktainer‖ me ans a stationary device designed to contain an accumulation of oils and constructed 
of non -earthen materials such as concrete, steel or plastic t hat provides structural support;  
 
―tier 1 spill ‖  means a spill of  less than 10 tonnes or 70 barrels;  
 
 tier 2  spill‖ means a spill  between 10 -1,000 tonnes or below 7,000 barrels;  
  
 tier 3 spill ‖ means a spill  over 1,000 tonnes or above 7,000 barrels;  
 
―transporter‖ means an owner of oil being transported, not being the owner of the tank or tanktainer  and 
inclu des transmission under the Petroleum (Refining, Conversion, Transmission and \midstream Storage) 
Act, 2013 ; 
 
―used o il‖ means any used oil from an industrial or mechanical operation, which can be re -used in any other 
industrial or mechanical plant such as in furnaces or any other form.  
 
―underground facility ‖ means  a facility having more than 10% of its structure beneath ground level;  
 ―oil mixture‖ means oil and water mixture in any proport ion;  
―regulator of the oil industry‖ means the Petroleum Authority of Uganda and the Directorate of Petroleum, 
responsible for the regulation, contracting and supervision of economic  activities of the oil industry;  
―waste oil ‖ means any oil from an industrial or mechanical operation including a refinery for which there is 
no further primary economic demand or use and which shall be disposed of  
 ―waste tank‖ means any tank designed specifically for temporary storage of liquid drainage and cleaning of 
tanks and other mixtures and residues;  
― waters under Ugandan jurisdiction‖ include -  
(a) lakes;  9 
 
(b) rivers and their astuaries;  
(c) ponds  
(d) canals  
 
"removal costs" means, with respect to an actual or threatened discharge of oil, all costs incurred in an 
attempt to prevent , abate, contain, and remove pollution from the discharge, including costs of removing 
vessels or structures under these Regulations , and costs of any reasonable measures to prevent or limit 
damage to the public health, safety, or welfare, public or privat e property, or natural resources.  
 
"tank vessel" means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material 
in bulk as cargo or cargo residue ; 
  
"terminal facility" means any waterfront or offshore pipeline, structu re, equipment, or device used for the 
purposes of drilling for, pumping, storing, handling, or transferring oil and operating where a discharge from 
the facility could threaten waters of the state, including but not limited to any such facility owned or 
operated by a public utility or a governmental or quasi -governmental body;  
 
"unauthorized discharge of oil" means any actual or threatened discharge o f oil not authorized by a NEMA;  
 
 "vessel" includes every description of watercraft or other contrivance use d or capable of being used as a 
means of transportation on water, whether self -propelled or otherwise, including barges;  
 
"negotiated assessment" means a restoration plan agreed upon by the coordinator, in consultation and 
agreement with any other state tr ustees, and the responsible party.  
 
 ―offshore installation‖ means any  fixed or floating offshore installation or structure engaged in gas or oil 
exploration or production activities,  or loading or unloading of oil and includes  drilling rigs, offshore 
platforms, floating production storage and offloading vessels and floating storage u nits and any  structure or 
other thin g in or under Uganda te rritorial waters, or which is used for the purposes of, or in connection with, 
the exploration , development or produ ction of petroleum;  
―oil‖ means f or the purposes of ensuring a robust response to potential oil pollution operators shall  take 
account of oil which shall  include substance s included within the following - 
 
(a) petroleum in any form including crude oil, fuel oil , sludge, oil refuse and refined products ; 
(b)  liquid hydrocarbon or substitute liquid hydrocarbon, including dissolved or dispersed hydrocarbons ; 
or  
 
(c) substitute hydrocarbons that are not normally found in the liquid phase at standard temperature and 
pressur e, whether obtained from plants or animals, or mineral deposits or by synthesis  and 
hydrocarbon chemicals, and substitute hydrocarbon chemicals ; 
 
―oil handling facility‖ means a  facility which presents a risk of an oil pollution incident and includes, inte r 
alia, an oil terminal, pipeline and any other facility handling oil but does not include an offshore installation.  
―oil pollution emergency plan‖ means an emergency plan (other than the National Contingency Plan) setting 
out arrangements for responding t o incidents which caus e or may cause  pollution by oil, with a view to 
preventing such pollution or re ducing or minimising its effect;  
―oil pollution incident‖ a n occurrence or series of occurrences having the same origin, which results or may 
result in a discharge of oil and which poses or may pose a threat to the  environment  or related interests of 
the Uganda and which requires emergency act ion or other immediate response;  10 
 
―operator‖ i n relation to an offshore installation means any person who operates the offshore installation and 
includes any person who owns it at the time any powers conferred by these Regulations are exercised in 
relati on to the offshore installation;  
―well work over  and intervention operations‖  means operations involving entry to th e well bore, with or 
without removal of the Xmas tree and including well work over  and well servicing operations such as those 
involving wire -line and coiled tubing techniques;  
 ―ecologically sensitive areas‖ m eans  regions defined by NEMA, where prevention, oil spill control and the 
maintenance of ecological balance require special measures for the protection and preservation of the 
environment, with respect to oil spills;  
 ―platforms ‖ means  installation or structure, fixed or mobile, located in Uganda for the activity directly or 
indirectly related to the petroleum activities;  
―support facilities‖ means  any facilities or equipment to support the  implementation of the activities of the 
platforms or  facilities handling bulk petroleum commodities and products including  pipelines, refinery, 
storage tanks, transportation and transmission  single point mooring buoys for mooring framework of ships 
and other;  
PART II - PREVENTION OF OIL SPILL  
7. Oil Spill Prevention  
 (1) A licensee under the Petroleum (Exploration, Development and Production) Act, 2013 , the Petroleum 
(Refining , Gas Processing and Conversion, Transmission  and Midstream  Storage) Act, 201 3 or  the 
Petroleum Supply Act, 2003 or a person  who stores, transports, distributes or uses oil or oil products shall 
put in place oil release detection equipment to determine whether a release  of  oil has occurred either 
underground or above ground from  any  facility and its secondary barrier or secondary containment around 
it. 
 
(2) Where  any spill is detected  or occurs, the owner of the facility, transporter, distributor or user of oil shall 
ensure that further spillage is prevented.  
 
(3) The duty to p revent oil s pills shall include the duty to - 
 
(a) store or transport the oil in certified and approved facilities and containers;  
(b) dispose of used oil in an environmentally friendly manner;  
(c) identify and eliminate potential negative impacts of the oil product s stored or transported;  
(d) restore the environment;  
(e) give immediate notice of the spillage, if it occurs, to the Executive Director of the Authority or 
any other lead agency responsible for petroleum commodities and products in Uganda ; 
(f) immediately begin clean -up operations using the best available clean -up technology;  
(g) pay the cost of removal, clean -up which may be in curred by any government agency  or organ in 
the restoration of the environment damaged or destroyed as a result of the oil spillage;  
(h) pay costs of the  third parties in the form of reparation, restoration, restitution or compensation as 
may be d etermined by an approved valuer; and  
(i) comply with such direction as the Executive Director of the Authority may from time to time 
prescribe.  11 
 
(2) A person who cont ravenes the provisions of this regulation commits an offence and is liable on 
conviction  to a fine not exceeding………….currency points or imprisonment not exceeding ….years or 
both. 
 
9. Transportation of o ils 
(1) A person who transports  or transmits  oil or oil products shall transport  in well designed, constructed 
and calibrated tanks or tanktainers certified and approved by the Uganda National Bureau of Standards or 
any other Certification Bureau approved by  NEMA . 
 
(2) Owners of new tank systems shall  comply with the requirements of sub regulat ion (10) (a) . 
 
(3) Owners of existing tanks or tanktainers, which do not meet the requir ed standards referred to in 
subregulation 10 (a) , shall be required to decommission them as soon as the time of their decommissio ning 
is due.  
 
(4) Oil  imported into or through Uganda shall only be transported through routes specified and approved by 
a competent Government authority.  
 
(5) A person who contravenes the provisions of this regulation commits an offence and is liable on  
conviction to a fine not exceeding …….currency points or imprisonment not exceeding …..years or both .  
 
10. Periodic gauging of plating thickness for oil carrying commercial v essels.  
Owners of o il carrying commercial vessels shall conduct periodic gauging of plating thickness for their 
tanks or tanktainers and also carry out regular and timely maintenance of such tanks or tanktainers.  
 
11. Use of overfill and tank l evel or m onitoring  devices on oil carrying commercial v essels.  
(1) A person who owns an oil storage facility or a commercial oil carrying tank or tank tainer shall acquire 
and use an  overfill and tank level monitoring device to regularly gauge or monitor the level of oil in the 
storage system or vessel.  
 
(2) An Inspector appointed under the Natio nal Environment Act shall , at any reasonable time without notice, 
enter any premises or stop any commercial oil carrying tank or tanktainer for the purpose of asc ertaining that 
the owner of the premises , facility  or commercial oil carrying tanker or tankta iner complies with the 
requirements of these Regulations . 
 
(3) Upon entry of s uch a facility or vehicle, the i nspector shall have powers  to examine, take samples or tale 
any appropriate measures to ensure compliance with these Regulations.  
 
(4) A person wh o contravenes the provisions of this regulation commits an offence and is liable on 
conviction to a fine not exceeding…currency points or imprisonment not exceeding….years or both . 
 
12. Storage of o ils 
(1) All oils or oil products s hall be stored in contai ners, vessels or storage facilities approved  and certified 
by the Ugan da Nationa l Bureau of Standards/NEMA/PEPD  and in such places approved and certified by the 
Authority.  
 
(2) In order to keep abreast with technological development,  a person who stores, t ransports or distributes oil 
shall keep a user update records , which shall be availed to an i nspector on demand.  
 
(3) When NEMA/PEPD  is satisfied that the owner of an oil storage facility meets the set standards for 
operating a facility , he or she shall is sue a licence to the owner of that facility on application.  
 
(4) A licence issued under  subregulation (3 ) shall be renewed every after twelve months.  
 12 
 
(5) A person wh o contravenes this regulation commits an offence and is liable on conviction to a fine no t 
exceeding …..currency points or imprisonment not exceeding……..years or both . 
 
13. Distribution of o ils 
(1) A person shall n ot distribute petroleum commodities or products without  a licence issued by NEMA/ 
Minister of energy  under the Petroleum Supply Act , 2013 .  
 
(2) A person shall not be issued with an oil distribution licence unless he or she has complied with the  
requirements relating to  siting, locat ion or  storage facility specifications or any standards set for oil 
distribution facilities or vehicle s  by the Authority or the Uganda National Bureau of Standards or any 
certification bureau approved  by the government of Uganda.  
 
(3) A person wh o contravenes this regulation commits an offence and  is liable on  conviction to a fine not 
exceeding …..currenc y points or imprisonment not exceeding…years or both.  
 
14. Packaging of oil  
(1) The condition of the drums, or smaller containers and the bulk tankers into which the oil is filed shall 
have  no detrimental effect on the quality of the oil duri ng normal tran sportation or storage .  
 
(2) Only containers of the same size filled with oil of the same batch identification shall be packed together 
in a carton.  
 
(3) The following information shall appear in indelible and legible marking on each conta iner and each 
carton (if used) - 
 
(a) the manufact urer‘s identification  or d istributor‘s name;  
 
(b) the API service classification;  
 
(c) the SAE  viscosity grade;  
 
(d) the batch identification;  and  
 
(e) the quantity.  
 
(4) Where oil is packed in bulk tankers, the batch identification shall be marked on the consignment 
documents.  
 
(5) A person wh o contravenes this regulation commits an offence and  is liable  on conviction to a fine not 
exceeding ….currency points or imprisonment not exceeding…..years or both.  
 
15. Labelling of petroleum commodit ies and products  
(1) Each container or package of petroleum commodities and products  shall have a label written in the 
English language affixed to it which shall  at least contain the following - 
 
(a) identity of the petroleum commodity or  product;  
 
(b) name and ad dress of the producer of the petroleum commodity or product ; 
 
(c) net contents;  
 
(d) normal storage stability and methods for safe storage;  
 13 
 
(e) name and percentage by weight of active ingredients and names and percentages by weight of 
other ingredients or half -life o f radio -active material;  
 
(f) warning or caution statements which, may include all, some or either of the following as 
appropriate - 
 
(i) the words ―warning‖ or ―caution‖;  
 
(ii) the words ―danger! Keep  away from unauthorized person‖;  
 
(iii) the word ―poison‖ marked indelibly in red on contrasting background;  
 
(iv) a pictogram  of skull and crossbones; and  
 
(v) expiry date , if applicable.  
 
(g) a  statement of first aid measures including the antidote when inhaled or ingested and direction that a 
physician shall  be contacted immediately; and  
 
(h) any other information that the lead agency  or the Executive Director of the Authority may deem 
necessary.  
 
(2) The label shall be written in characters easily legible.  
 
(3) The label shall contain no warranties, guarantees or liability exclusion clauses i nconsistent with the 
National  Environment Act or these Regulations.  
 
(4) Any warranties , guarantees, and liability exclusion clauses shall be void to the extent of their 
inconsistency with the National Environment Act or these Regulations  
 
(7) A person wh o contravenes this regulation commits an offence and is liable on conviction to a fine not 
exceeding ….currency points or imprisonment not exceeding….years or both.  
 
16. Duty to treat waste oils  
(1) Generators of waste oil shall  ensure that their activities  do not contravene the provisions of the National 
Environment ( Waste Management ) Regulations  befor e such waste oil is disposed into the environment.  
 
(2) A generator of waste oil who contravenes  subregulation (1 ) commits an offence and  is liable on 
convict ion to a fine not exceeding…..currency points or imprisonment not exceeding….years or both . 
 
17. Application for a l icence to operate an oil treatment plant or oil disposal site.  
(1) A person who wishes to own or operate an oil treatment plant or a used oi l disposal site shall apply for a 
licence from the Executive Director of the Authority.  
 
(2) The licence issued by the Executive Director of the Authority shall specify the environmental 
requirements to be complied with by the  licensee . 
 
18. Compliance wi th other Environmental Laws.  
(1) An owner of an oil storage, transportation or distribution facility and a person disposing of waste shall be 
required to comply with the National Environment (Waste Management) Regulations  to ensure good 
environmental manag ement.  
 
(2) A person who fails to comply with subregulation (1) commits an offence and is liable on conviction to a 
fine not exceeding….currency points or imprisonment not exceeding………..years or both . 14 
 
 
19. Refundable p erformance bonds . (Section  94, Nationa l Environment Act)  
(1) The Executive Director may require an owner of an oil storage, transportation, distribution facility to 
execute a bond with Authority if he or she is satis fied that the activities of the  owner of an oil storage, 
transportation, distr ibution facility are likely to cause serious harm to the environment if no adequate 
mitigation measures are put in place.  
 
(2) The Executive Director of the Authority shall determine the amount of money deposited as a refundable 
bond after assessing the l ikely impact of oil spill emanating from the facility in respect of which the bond 
shall have been executed.  
 
(3) The money deposited with the Authority in accordance with the provisions of sub -regulation (a) of this 
regulation shall be forfeited to the Go vernment of Uganda if the activity for which it was so executed 
occurs.  
 
(4) Where the  Executive Director of the Authority is satisfied that the person who executed the bond has put 
in place adequate mitigation measures to contain the damage likely to be c aused by the oil spill emanating 
from his or her activities, he or she may direct that the money so deposited be refunded to the person who 
executed the said bond.  
 
(5) A person who fails to comply with subregulation (1)  commits an offence and  is liable o n conviction to  a 
fine not exceeding…currency points or imprisonment not exceeding…years or both.  
 
Systems for Prevention, Control and Combat Oil Spi ll 
20. Requirements for facilities   
(1) All facilities and platform  and their supporting fac ilities shall have in place  adequate facilities for the 
receipt and processing of various types of waste and to combat oil spill, in accordance with these 
Regulations and guidelines issued  by the NEMA.  
(2) The definition of the characterist ics of the facilities and means for the receipt and treatment of waste and 
combating oil spill shall  be made by a technical study, which shall as a minimum  state-  
(a) the dimensions of the installations;  
 
(b) the appropriate location of the facilities;  
 
(c)  the capacity of the facilities for receiving and processing of various types of waste, quality 
standards and local discharge t heir effluents;  
 
(d)  the parameters and methodology of operational control;  
 
(e)  the amount and type of equipment, materials and vehicles designed to meet emergency situations  
of oil spill;  
 
(f)  the number and qualifications of the personnel to be employed;  
 
(g)  the implementation schedule and the start of operation of the facilities.  
 15 
 
(3) The technical study referred to in  subregulation (2)  shall take into account the size, the type of cargo 
handled or busy and oth er characteristics of organized port, port facility or platform and its supporting 
facilities.  
(4) Facilities or facilities for the receipt and treatment of waste and comba ting oil spill may be required port 
facilities specialized cargoes , other oil and hazardous and noxious substances, as well as shipyards, marinas, 
yacht clubs and similar the discretion of the competent environmental agency.  
 (5) The operators of organized facilities  and the owners or operators of platforms shall  develop internal 
procedures manual for managing the risk of oil  spills  and for the management of various waste generated or 
from the movement activities and storage of oil and hazardous and no xious substances, which shall  be 
approved by NEMA .  
 (6) Facilities and platforms  and their support facilities, shall have individual plans for combating oil spill 
and hazardous and noxious substances  approved by NEM A.  
(7)  W here  facilities or platforms, individual plans shall  be consolidated in the form of a single emergency 
plan for the entire area subject to the risk of oil spill, which shall  establish mechanisms joint action to be 
implemented, subject to the Act, these Regulations and other applicable laws and guidelines.  
(8) Responsibility for the consolidation of individual plans into a single emergency plan for the area 
involved lies with the operating entities of the organized ports and port facilities, and the owners or 
operators of platfo rms, under the coordination  of NEMA .  
 (9) The NEMA shall consolidate contingency plans in local and regional shape of the National Conting ency 
Plan, in conjunction with the relevant lead agencies.  
 (10) The operators of facilities and the owners or  operators of platforms and their support facilities shall  
conduct environmental audits biennial, independent, in order to assess management systems and 
environmental control in their units.   
 21.  Transportation of oil and hazardous and noxious substanc es  
(1) Platforms and facilities with  a gross tonnage exceeding fifty , carrying oil  or use for their handling or 
operation, th e board , shall  carry with it an oil record book, approved by the NEMA or  the Petroleum 
Authority of Uganda  and in which notes shall  be made concerning all movements of oil, ballast and oily 
mixtures, including deliveries made to the reception facilities and waste treatment.  
(2) The record book shall contain information on - 
(a)   loading;  
(b)  unloading;  
(c)   transfers of cargo residues or mixtures to slop tanks;  
(d)   cleaning of oil tanks;  
(e)  transfers from oil tanks;  
(f)   ballasting of oil tanks;  
(g)   transfers of dirty ballast water into the aquatic environment;  
(h)   discharges into waters in general.  
(2) The packaging of the oil  and noxious substances shall  contain their identification and warning about the 
risks, using the  symbols provided by NEMA and national standards and international standards.  
 16 
 
22. Discharge  of oil, noxious or hazardous substances and waste  
(1) The water subsequently added to the wash tank in excess of five percent of its total volume can only be 
discharged if the following conditions are cumulatively met -  
(a) the situation in which the release occurs fit s in the cases allowed by NEMA;  
(b)  the vessel is not within the boundaries of ecologically sensitive area;  and  
(c)  the procedures for discharge are duly approved by NEMA.  
(2) A person shall not   discharge water subsequently added to the tank washed in quantity less than five 
percent of its total volume.  
 (3) Except as permitted by NEMA, discharge of waste, ballast water, tank washings and basements or other 
mixtures containing oil or noxious or dangerous in any category can be performed only in reception facilities 
and waste treatment ,  according to these Regulations  and the National Environment ( Waste Management ) 
Regulations  
(4) The discha rge of oil, oily mixtures, noxious or dangerous in any ca tegory, and trash in the waters , may in 
exceptional  circumstances be  permitted  in order to protect human lives, safety or research vessel, under 
these Regulation.  
 (5) For r esearch purposes, the following minimum requirements shall be met - 
(a)  the discharge is authorized by NEMA , after review and approval of the research program;  
(b) NEMA  is present at the place and time of discharg e, at least one representative from the 
environmental agency that any authorized; and  
(c)   The person responsible for unloading make s available at the place and time at which it occurs, 
specialized personnel, equipment and materials proven in the containment and disposal of effects.  
(6) The discharg e of solid waste from drilling operations of oil wells shall  be subject to specific regulations 
issued by NEMA  under the upstream Act .  
(7)  Any incident in  facilities, pipelines, vessels, platforms and their support facilities, which may cause oil 
spill of the waters  in Uganda  shall  be immediately reported to  NEMA/  competent  authority in accordance 
with these Regulati ons, regardless of the measures taken to control it.  
 (8) The operator of organized a facility, the owner or operator platform or ship, and the dealer or company 
authorized to carry on petroleum  activities , responsible for the discharge of polluti ng matter in waters under 
Ugandan jurisdiction shall  reimburse the appropriate agencies for expenses made by them to the control or 
minimization of oil spill, regardless of prior authorization and payment of a fine.  
 (9) Where  a vessel d oes not discharge holder of the certificate required by NEMA, the vessel shall  be 
retained and shall  only be released after the security deposit as security for payment of expenses from oil 
spill.   
 23. Prevention of Pollution from oil disposal  sites and treatment plants  
(1) A person who owns an oil storage, transportation, and distribution or disposal treatment facility  shall  
prevent pollution of the environment from oil spills.  
 17 
 
(2) A person who owns an oil storage facility or depot shall make  available at  his or her outlets a used oil 
collection facility into which all used oil shall be collected.  
 
(3) A person who generates    waste  oil shall regularly audit the sub contractors used in the waste oil transport 
and disposal chain even if the sub contractor is duly cert ified, in order to minimize risks and exposure to the 
environment except where the sub contractors shall provide regular audit reports of audits performed by 
certified outside auditors.  
 
(4) A person who generates waste oil shall carr y out periodic independent and positive management actions 
to avoid incidents, which shall reasonably be expected to cause harm to the environment and shall provide 
evidence to that effect.  
 
(5) The dealer at a waste  outlet pl ant shall regularly inform the  depot owner to collect the used oil for 
appropriate disposal.  
 
(6) Waste oil shall only be sent to licensed furnace owners for disposal.  
 
(7) A person who fails to comply with the provisions of this regulation commits an offence and is liable on 
convicti on to a fine not exceeding …currency points or imprisonment not exceeding….years or both . 
 
24. Insuring against risk  
(1) An owner of upstrea m facility, midstream facility, oil storage facility, and transportation , distribution or 
disposal facility shall ta ke up an insurance policy with a recognized insurance company in Uganda or any 
other country covering the risk involved in handling of the oil. 
 
(2) A person who contravenes this regulation commits an offence and s liable on conviction to a fine not 
exceed ing…currency points or imprisonment not exceeding…years or both . 
 
25. Reporting procedures  
(1) A person licensed to store, transport or dispose of any petroleum commodities or products  under these 
Regulations shall submit bi -annual reports on the conduct o f the licensed activities to the Executive Director 
of the Authority.  
 
(2) Subregulation (1 ) does not  apply in circumstances where a holder of a licence under these Regulations is 
a subject of special reporting procedures under any law in force in Uganda.  
 
(3) A person who contravenes this regulation commits an offence and is liable on conviction to a fine not 
exceeding….currency points or imprisonment not exceeding…years or both.  
 
26. Duty to Keep records  
Any person dealing in petroleum commodities or pro ducts shall keep records in relation to storage, 
maintenance, transportation and control of in -house documents relating to all aspects of oil management.  
 
PART II I- NEED TO AMEND THE ACT AND ESTABLISH A BODY WITHIN NEMA 
RESPONSIBLE FOR OIL SPILL, PREVENTION, DETECTION AND RESPONSE  
 
Establishment of the National Oil Spill Prevention, Detection and Response Committee  
27. Establishment of the National Oil Spill Detection and Re sponse Committee  
(1) There is established a body to be known as the National Oil Spill Prevention , Detection  
and Response Committee  responsible for  preparednes s, detection and response to  oil spillages in Uganda . 18 
 
 (2) The Committee shall consist of - 
 (a)      one representative each of the  following sectors - 
  (i) environment;  
   
  (ii)    defence;  
   (iii)  petroleum;  
    
   (iv)   transport;  
   (v)  aviation (Department  of Meteorology);  
   
   (vi)   communications;  
    (vii) NEMA  
    (viii) works, housin g and urban d evelopment;  
   
  (xi)    Police ; 
(xiv)  w ater r esources;  and  
(xv) wildlife . 
28. Purpose of the Committee  
The Committee shall co-ordinate  and implement the National Oil Spill Contingency Plan of  Uganda 
through - 
(a) safe, timely, effective and app ropriate response to m ajor or disastrous oil spills ; 
(b) identification of  high-risk areas as well as priority areas for protection and clean up;  
(c) establish ment of the  mechanism to monitor and assis t or where expedient direct the 
 response, including the capa bility to mobilise the necessary resources to save  lives, protect 
threatened environment, and clean -up to the best practical extent of the impacted site;  
(d) maximis ing the effective use of the available facilit ies and resources of corporate  bodies, 
their in ternational connections and oil spill co -operatives,  in implementing appropriate spill 
response;  
(e) ensur ing funding and appropriate and sufficient pre -positioned pollution combating 
equipment and materials, as well as f unctional communication network system  required for 
effective response to major oil spills ; 
(f) provid ing a programme of activation, training and dril l exercises to ensure readiness to oil 
spill preparedness and response and the management and operational personnel;  
(g) co-operat ing with  and provid ing advisory services, tech nical support and equipment for 
purposes of responding to major oil pollution incident in the  East African Region upon 19 
 
request by any neighbourin g country, particularly where a part of  Uganda‘s territory may be 
threatened;  
(h) provid ing support for research and development in the local development of methods, 
materials and equipment for oil spill detection and response;  
(i) co-operat ing with  other national, regional and international organisations in the promotion 
and exchange of results  of research   and development programme relating to the 
enhancement of the state of the art of the oil pollution preparedness and response, including 
technologies, techniques for surveillance, containment, recovery, disposal and clean -up to the 
best practi cal extent;  
(j) establish ing agreements with neighbouring countries regarding the rapid movement of 
equipment,  personnel  and supplies into and out of the countries for emergency oil spill 
response activities;  
(k) determin ing and proposing  vital combat equipment at  most strategic areas for  
rapid response;  
(l) establish ing procedures by which the Uganda  Customs Service and the Uganda Immigration 
Services shall ensure rapid import ation of extra support response equipment and personnel;  
(m)  develop ing and implement an appropr iate audit system for the entire plan;  and  
(n) carry ing out any  other activities necessary  or expedient for the full discharge of its functions 
and the execution of the Plan.  
29. Functions of the Committee   
(l) The committee  shall - 
(a)  be responsible for surveil lance and ensure compliance with all existing environmental 
legislation and the detection of oil spills in the petroleum sector;   
 
(b) receive reports of oil spillages and co -ordinate oil spill response activities  
throughout Uganda;  
 
(c) develop a nationwide oil s pill prevention and response plan, taking into account any plans  being 
developed by the local government;  
 
(a)  provide a coordinated response effort from all appropriate state agencies in the event of an 
unauthorized or threatened discharge of oil affecting or potentially affecting the land, coastal 
waters, or any other waters of Uganda;  
 
(b) coordinate the operational implementation and maintenance of the oil spill prevention program as 
provided under these Regulations;  
 
(c) administer a f und to provide for funding its activities;  
 
(d) co-ordinate the implementation of the Plan as may be formulated, from time to  
time, by the  Government;  
 
(e) co-ordinate the implementation of the Plan for the removal of hazardous substances as may be 
issued by the  Government;  20 
 
 
(f)  undertake su rveillance, reporting, alerting and other response activities as they  
relate to oil spillages;  
 
(g) encourage regional co -operation among member States of East African subregion or combatin g 
oil spillage and pollution in our contiguous waters;  
 
(h)  strengthen the  national capacity and regional action to prevent, control, combat and mitigate 
 pollution;  
 
(i) promote technical co -operation between Uganda and member States of the  
East African sub -region;  
 
(j) facilitate - 
(i) the arrival and utilisation in and departure from Ugan da of ships, aircrafts and 
other modes  of transport engaged in responding to oil pollution incidents   or 
transporting personnel, cargo, materials and equipment required to  deal with 
such an incident;  
(ii)  the expeditious movement into, through and out of Ugan da of personnel, 
cargoes, materials and equipment;  and 
(iii) the National Control and Response Centre shall for the purposes of a Tier 3 oil 
spill response,  undertake such functions as specified under  these Regulations; 
and 
(k) perform such other functions as may b e required to achieve the aims and objectives of the 
Committee under this Act or any plan as may be formulated by the Government.  
 
30. Secretariat  
The National Oil Spill Response Committee shall have a S ecretariat responsible for the day to day running 
of the Centre  and guarantying  the reproduction and distribution of all the documentation necessary to the 
good operation of the National Oil Spill Response Committee and keeps records of all the activities 
developed by the Committee  and execute all the  tasks attributed to it by the Committee . 
 
National Oil Spill Control and Response Center  
31. Establishment of National Oil Spill Control and Response Centre   
(1) There is established for purposes of these Regulations, a National Oil Spill Control and Response Ce ntre 
which shall - 
(a) act as a report processing and response co -ordinating centre for all oil spillage  
incidents in Uganda;  
 
(b)  receive all reports of oil spillages from the zonal offices and control units of  
the Committee;  
 
(c) serve as the command and control cen tre for complia nce monitoring of all existing  legislation 
on environmental control, survei llance for oil spill detection and monitoring and co -
ordinating responses required in plan activations.  
 21 
 
(2) The  Centre shall be headed by an officer of the Oil Spill  Detection and Response Committee as may be 
designated from time to time.  
(3) The office r designated under subregulation (2) shall report to th e Committee on all activities of the 
Centre.  
The National Oil Spill Response Committee  
 
32. Executive Technical C ommittee  
(1) There is established the N ational Oil Spill Response Committee which shall comprise of representatives 
of - 
 
(a) the Office of the Prime Minister;  
(b) the Ministry of Defence;  
(c) the Ministry of Internal Affairs;  
(d) the National Environment  Management Autho rity; 
(e)  the Ministry of Finance, Planning and Economic Development;  
(f) the Ministry of Energy and Mineral Development;  
(g) the Directorate of  Fisheries  Resources ; 
(h) the Petroleum Authority of Uganda;  
(i) the Ministry of  Water and Environment  
(j) the Uganda Wildlife Autho rity, 
(k) the Physical Planning Authority;  
(l)  the Ministry of  Works and Transport; and  
(m)  the Ministry of Trade and Industry.  
 
(2) The National Oil Spill Response Committee may - 
 
(a) co-opt  other government agencies or individuals with expertise and  competence rel evant  to the 
issue to the nature of oil spill being handled;  
 
(b) assume the organizational structure which suits best the good execution of the activities; and  
 
(c) propose the creation of ad-hoc groups or  subcommittees as may be deemed necessary . 
 
(4) The National Oil Spill Response Committee  shall be coordinated by the Office of the Prime 
Minister/NEMA.  
 
33. Functions of the National Oil Spill Response Committee  
The National Committee for Oil Spill Response shall - 
 
(a) ensure the  timeliness and operability of the  National Contingency Plan against oil spills in Uganda;  
 
(b) propose to the government the respective budget and manage it after approval;  
 
(c) propose the creation of a n oil spill  Fund , operation mechanisms, access and management, 
contributions and minimum rate s; 22 
 
 
(d) propose, program and carry out regular communication exercises, crisis management and 
deployment of equipment at on the water body , at all levels of response;  
 
(e) propose the realization of projects that aim at the upgrade of the plan and increase of prev ention and 
response capacity of the Uganda;  
 
(f)  elaborate, implement and keep updated the national policy on the use of chemical dispersants in 
Uganda;  
 
(g) elaborate continuous training plans of the staff involved, including the carrying out of high level 
semin ars in national territory and participation in other seminars overseas;  
 
(h)  propose procurement of crisis management instruments, spill response and communications 
equipment;  
 
(i)  coordinate the elaboration and operability of the local and regional  contingency  plans;  
 
(j) propose reviews and updates to the National  Oil Spill Contingency Plan;  
 
(k) propose access of the government of Uganda to relevant international agreements and conventions, 
as well as coordinate the respective implementation  of the international con ventions and agreements ; 
 
(l) promote interaction and cooperation with similar organs, non -governmental organizations and 
communities;  
 
(m)  propose to the government of Uganda, the regional and international corporations with other 
governments and organizations;  
 
(n) represent the Government of Uganda in relevant events of international organizations;  
 
(o) serve as contact for the agreements, conventions and international organizations which Uganda 
ratified or is integrant part of.  
 
(p) during emergency situations, the Natio nal Oil Spill Response Committee shall - 
 
(i) requisition, under proposal of the National Committee of Disaster Preparedness , the 
necessary national resources either of public or of private organizations;  
 
(ii) act on behalf of the Government of Uganda to r equisition or provide international 
support, establishing adequate procedures for that purpose;  
 
(iii) coordinate access to national finances to face the initial expenses with the oil spill 
response operations;  
 
 (iv) coordinate the Access to compensation for costs of cleaning operations of spills and 
losses caused to national assets; and  
 
(v) work together with the representatives of the organizations responsible for that 
compensation including facility owners, oil industry operators, International Oil Pol lution 
Compensation – IOPC Funds, among others.  
 
 23 
 
34. National Incident Command  
(1) The National Incident Command shall coordinate the operations and execution during the crisis, 
respecting the previously defined national policies and priorities.  
 
(2) The N ational Incident Command shall have a modular structure, where each team p erforms the functions 
necessary to activate the response at the level of the incident.  
 
(3) The level of involvement of the members of the team  and the number of people mobilized for the 
National Incident Command may vary, according to the various situations which may rise as a result of an 
oil spill.  
 
(4) The effectiveness of management of the oil spill response operation shall depend on a well - coordinated 
and competent team of the National Incident Command and the individuals and the organizations involved 
in the management of spill response operations shall be identified and trained for the functions they shall 
perform.  
 
(5) The National Incident Command shall - 
 
(a) mobilize in due cou rse all the human resources necessary to successfully face the crisis situation;  
 
(b) assess the need for international support in case of severe spills;  
 
(c) assess the possible legal aspects associated with the oil spill incidents;  
 
(d) ensure that claims related wi th activities of the governmental bodies are prepared and duly 
documented;  
 
(e) keep the press informed of the emergency situation and its progress;  
 
(f) ensure that the mobilized resources of the Government  receive timely attention, including 
logistics associate d with its effective implementation of the National Oil Spill Contingency Plan;  
and  
 
(g)  ensure that all the government bodies involved in the spill response operations keep records of 
all the expenses and that the expenditure procedures are adequately appli ed. 
 
35. Structure of the National Incident Command  
(1) The National Incident Command shall consist of the ministry responsible for petroleum (coordinator) , 
the ministry responsible for defence (assistant Coordinator) , the presidential press secretary and NEMA.  
 
(2) The National Incident Commander shall be appointed by the Ministry responsible for petroleum /Office 
of the President/NEMA  in consultation with the Ministry responsible for defence.  
 
(3) The persons responsible for the planning, operations, logis tics, communications and finances teams shall 
be directly accountable to the National Incident Commander.  
 
(4) The Commander may activate only the necessary teams and deactivate them when they are no longer 
serviceabl e and this p rinciple  shall also apply  to the number of people involved.  
 
(5) The number of people referred to under subregulation (4) shall be calculated based on the principle of 
manageable control amplitude according to which the number of responsibilities assumed by an individual 
and the nu mber of resources reported to him or her shall not outbalance the value seven nor be lesser than 
three.   
 24 
 
(6) The ideal number of people is five but, depending on the dimensions of the crisis and on the individual‘s 
experience it may reach ten.  
 
(7) When t he incident has a dimension inferior to the national one, the response general command shall  fall 
under the jurisdiction of the regional or local government structure, and the regional or local command shall 
keep the National Command informed of all the ad opted procedures.  
 
(8) The National Oil Spill Response Committee may, when ever the situation so requires, transfer the 
command of the operations to the National Incident Commander.  
 
36. National Incident Commander  
(1) The National Incident Commander  shall  be in -charge of the National Incident Command and is in 
addition responsible for - 
 
(a) identification of the incident severity in terms of potential impact on the environment and the 
socio -economic activities;  
 
(b) assess the need to mobilize external resources a nd equipment or technical know -how;  
 
(c) keep the government informed of the progress of the situation, through the National Incident 
Command;  
 
(d) appoint the commanders on the scene responsible for the coordination of the oil spill response 
operations at the sit e, when deemed necessary;  
 
(e) mobilize, near the public or private organizations, the necessary national resources;  
 
(2) The National Incident Commander may assume the functions of the Commander on the scene, in case 
the progress of the situation so justifies . 
 
37. Responsibility of the initial response  
(1) In order to limit the potential impacts of a spill, the initial response action shall be taken without delay  
especially where there are risks associated with the spill .  
 
(2) The responsibility of the initi al response is on  the in -situ organization of the response, that is the 
operator of the facility  or installation  that caused the oil spill, in case of a spill originated in oil handling 
facilities , storage  or oil exploration and production facilities.  
 
(4) In case of incident of unknown origin, the National Coordinator shall  appoint the organization 
responsible for the initial response actions.  
 
(5) The organisation appointed under subregulation (4) shall be the closest facility with makeup  capacity 
against spills and may be a regional or local spill response centre, an operator of the oil industry or a 
government agency.  
 
38. Spills in petroleum exploration and pr oduction offshore installations  
(1) The responsibility for the general command of the spill response operations  in petroleum offshore 
installations   is on the respective operator, in which case the National Incident Commander shall  restrict 
himself or herself to a monitoring position.  
 
(2) The National Incident Commander may also activate the m odule of the National Incident Command 
necessary to act as support to the operation  or provide assistance in the customs and migration clearance for 
resources mobilized outside Uganda.  
 25 
 
(3) Notwithstanding any additional requirements of internal notificati on or any other applicable law in force, 
the operator shall notify the National Coordinator, informing him or  her of  the incident circumstances and 
the actions taken to mitigate the effects of the oil spill, as established in the Communications Plan.  
 
(4) In exceptional circumstances and when the national interest so requires, the National Coordinator may 
assume the general command of the response action  in an offshore installation . 
 
(5) The response measures to be taken at the beginning of a spill incident  shall  be, as possible, defined 
beforehand in the context of the oil spill contingency plan of the installation or facility . 
 
Other Officers of the National Oil Spill Response Committee  
 
39. Spill response structure members  
(1) The spill response structure  members shall - 
 
(a) be in - charge of the oil spill response operation;  
 
(b) coordinate of all the logistics and resources to support the Commander on the scene;  
 
(c) confirm the initial assessment of the incident; and  
 
(d) decide on the initial response strategy in consu ltation with the Commander on the scene . 
 
(2)  The spill response structure shall carryout the following initial actions - 
 
(a) activate the Incident Command Centre;  
 
(b) instruct the Incident Command Team ( ICT); and  
 
(c) decide who shall be present in permanence at Incident Command Center . 
 
 (3) The other actions to be undertaken by the spill response structure are to - 
 
(a)  approve the response strategy;  
 
(b) approve the cleaning operations plans of the offshore and onshore and the disposition of the oil 
waste;  
 
(c) get an agre ement on the cleaning and disposition plans;  
 
(d) ensure mobilization of resources, experts and labour adequate to the response;  
 
(e) approve expenses with resources, labour and services;  
 
(f) establish regular planning meetings with the ECI and the Commander on the S cene;  
 
(g) regularly submit progress reports to the authorities referred to under paragraph (f);  
 
(h) collaborate with the  Public Relations agent  of the operators  in the approval of communications 
to the press;  
 
(i) speak at press conferences;  
 
(j) receive the press repr esentatives upon request of the Press Officer;  26 
 
 
(k) collaborate with ECI to choose the sites of the operations base;  
 
(l) appoint managers of the operations base;  
 
(m)  keep regular contact with the local and regional authorities and inform them of the situation and 
proposed actions;  
 
(n) ensure the customs and migration clearance, and the control of restricted areas;  
 
(o) study the potential risks for the populations, activities and sensitive areas of the site; and  
 
(p) continue to assess and, if necessary, adjust the spill respo nse strategies;  
 
(4) The final action of the spill response structure shall be to call a meeting after the incident not later than 4  
weeks after completion of cleaning operations.  
 
(5) In carrying out its functions under this regulation, the spill response  structure shall - 
 
(a) plan for the worst case scenario and where a major spill occurs, assume that the coast is 
affected;  
 
(b) anticipate the usage of dispersants  as soon as possible;  
 
(c) make frequent declarations to the press and public meetings may increase the p ublic‘s 
trust and reduce negative reactions;  
 
(d) not give contradictory information to the press  as this  may  lead to negative publicity and  
in case of a major inciden t, keep communication with the press officer of the responsible 
party/operator ; 
 
(e) assess th e efficacy of the response operation;  
 
(f) verify that correct dispersant application techniques are being employed;  
 
(g) whenever it is possible, carry out site inspections;  
 
(h) attend Press conferences when requested by the Incident Commander;  and  
 
(i) Obtain/contract  opinion  of experts for assessment of potential and immediate risks to the 
environment sensitive areas  and contaminated  wildlife, to be communicated to the public.  
 
(6) The final actions shall be to - 
 
(a)  determine completion of operations;  
 
(b)  assist the Incid ent Commander in the demonstration to  the local authorities that the cleaning  
norms have been accomplished; and  
 
(c) ensure that oil damaged  containment  barriers and  other equipment  destroyed  or disposed of in 
accordance with the law . 
 
40. Logistics Officer  
(1) The Logistics Officer shall - 27 
 
 
(a) localize, acquire and organize the transportation of all the equipment, materials and services 
necessary to the cleaning operations;  
 
(b) contract temporary workers to help in the cleaning operation;  
 
(c) arrange airplanes for air surveillance and transport of personnel;  
 
(d) organize trucks and other vehicles for transportation of the recovered oil;  
 
(e) organize local transportation for workers and land transport for the CCI personnel;  and  
 
(f) organize food and accommodation for all the per sonnel and visitors  including  representatives 
of the Government of the Republic of Uganda . 
 
(2) The initial actions of the Logistics Officer in collaboration with the representative of the Ministry of 
Finance/ Finance  Officer  of the National Oil Sp ill Respo nse Committee/Operator shall - 
 
(a) authorize and justify the expenses;  
 
(b) acquire materials, equipment and local services;  
 
(c) contract with local companies the supply of labour, non -specialized equipment and vehicles;  
 
(d) contact contractors and foreign consultan ts in order to prepare all the documentation 
necessary for the customs and migration clearances;  
 
(e) establish in -situ hiring office and comply with the labour laws in Uganda;  
 
(f) plan training for company personnel and contractors;  
 
(g) keep stock of pre prepared o rder forms, open order files and stock cards in support to the 
control point of the field services;  
 
(h) keep resupplying, maintenance and garage facilities;  
 
(i) process approved orders of materials, services and labour; and  
 
(j) receive and verify invoices.  
 
 41. Planning Officer  
(1) The functions of the Planning Officer shall - 
 
(a) assess  the incident and identification of the emergency level (Level 1, 2 or 3);  
 
(b) assess the possible trajectory of the oil slicks;  
 
(c) assess of the behaviour of the spilled oil;  
 
(d) provide advi ce on the form of minimizing the impact of the spill, considering the existence of 
sensitive areas;  
 
(e) define the best response technique(s); and  
 28 
 
(f) prepare  cleaning operation offshore and onshore and destination to give to the oil waste  
 
(2) The initial acti ons of the Planning Officer shall be to - 
 
(a) attend planning meetings and provide updated information;  
 
(b) assess the flow path of oil slicks;  
 
(c) ensure regular air surveillance;  
 
(d) carryout continuously follow up the flow path of the slicks on a map;  
 
(e) follow up the  model of the slicks in a computer with the assistance of specialized organizations;  
 
(f) prepare air surveillance reports;  
 
(g) analysis of samples , if necessary;  
 
(h) establish the spill response strategy;  
 
(i) identify areas where dispersants may be applied;  
 
(j) estimate the necessary quantity of dispersants; and  
 
(k) notify the Commander on the Scene about the chemical products and recommendable procedures 
and the approval of the Government.  
 
(3) In addition to the functions listed under subregulation (2), the Planning Office r shall - 
 
(a) watch the application and efficacy of the dispersant;  
 
(b) assess the probability of success of the retention and recovery operations;  
 
(c) define priorities of protection and cleaning of sensitive areas;  
 
(d) prepare plans for - 
 
(i) cleaning operations to justify environmentally and econom ically the proposed techniques ; 
 
(ii) land cleaning to justify the selection of the areas to be cleaned and the proposed level of 
cleanliness;  
 
(iii) destination to give to the oily waste  and provide inventory of appropriat e and economic 
methods upon consultation with the authorities about the transportation requirements, storage 
and destination to be given;  
 
(e) meet regularly with the Operations Officer to - 
 
(i) determine the requirements of equipment, labour and services;  
 
(ii) estima te the necessary storage capacity for the recovered oil and oily debris;  
 
(iii) assess the efficacy of the response operation;  
 29 
 
(iv) verify that correct dispersant application techniques are being employed;  
  
(v) whenever it is possible, carry out site inspections;  
 
(vi) attend press conferences when requested by the Incident Commander;  
 
(vii) o btain/contract opinions of experts for assessment of potential and immediate risks to 
the environment sensitive areas ; and  
 
(f) call a meeting after the incident  not later than 4 weeks af ter completion of cleaning operations.  
 
 42. Operations Officer  
(1) The functions of the Operations Officer are to - 
 
(a) provide expert know -how of spill cleaning operations;  
 
(b) provide advice to the Planning officer on cleaning procedures;  
 
(c) cooperate with the P lanning Officer in the surveillance operations and propose adjustments to the 
response strategy; and  
 
(d) identify additional resources of support to the efforts in -situ. 
 
(2) The initial actions to be undertaken by the Operations Officer shall be to -  
 
(a) assist  the Incident Commander and the Planning Officer in the definition of the response strategy 
and in the identification of necessary resources of labour and equipment;  
 
(b)  define, organize and manage the response teams;  
 
(c) cooperate with the Logistics Officer in  the procurement of equipment and materials;  
 
(d) submit a daily report on the successes, shortages and adjustment need of the spill response 
operations including  a progress report;  
 
(e) cooperate with the spill cleaning coordinators in safety matters;  
 
(f) inform on  the implementation of the agreed plan;  
 
(g) assist the Planning Officer to obtain approval of local authorities for the cleaning plans and 
destination to give to the waste; and  
 
(h) watch the spill response efficacy and provide advice on necessary adjustments.  
 
 43. Communications Officer  
(1) The communications Officer shall - 
 
(a) establish, operate and maintain an effective communication network which supports the oil spill 
response operation;  
 
(b) establish a powerful and effective communication system;  
 
(c) attribute radi o frequencies and call signals to the members of the Command Centre on the Scene;  
 30 
 
(d) provide communication equipment to the response team member;  
 
(e) provide training for the usage of the communication equipment;  
 
(f) keep accounts of all the communication expenses ; 
 
(g) keep good relations with the Press;  
 
(h) inform the public in general that all the information requests shall be directed to the Press Officer 
or to the Incident Commander;  
 
(i) prepare Press releases with the Press Advisor of the national Coordinator; and  
 
(j) issue Press releases upon approval by the Incident Commander and in accordance with the 
General Manager  
 
(k) ensure continuous registration of all the communications;  and  
 
(l) where necessary, obtain the respective release from the governmental body with jurisdictio n over 
radio and telephone communications.  
 
(2) The Communications Officer shall also make proper arrangements for the maintenance of the 
communic ation equipment and contract when necessary, energy source for the system, tape recorders for the 
meetings and  conferences, battery chargers, fax machines among others.  
 
44. Finance Officer  
(1) The Functions of the Finance Officer are to - 
 
(a) establish proper procedures for control of expenses;  
 
(b) keep records of all the payments, receipts, contracts; and  
 
(c) determine th e costs of the cleaning operations.  
 
(2) The Finance Officer shall  in addition -  
 
(a) provide to the Incident Commander support in obtaining the necessary authorizations for the 
expenses;  
 
(b) open record of accounts in cash;  
 
(c) provide a book for orders and purchas e orders for immediate usage;  
 
(d) create a daily inventory system for control of personnel, equipment and consumables;  
 
(e) provide to the General Manager ; daily if possible , data of the expenses made;  
 
(f) provide to CCI and ensure adequate supply of pre prepared fo rms to claim expenses and money 
advances;  
 
(g) prepare a bookkee ping  or control of expenses book;  
 
(h) make banking arrangements by  cash or cheque ; 
 31 
 
(i) establish quantity accounting arrangements;  
 
(j) create a registration system for contractors, work orders, orders, i nvoices and correspondence;  
 
(k) cooperate with a Superintendent of Field Activities and Support Foreman  to ensure that the 
contractors are aware of the invoicing and auditing requirements;  
 
(l) make payments to contractors;  
 
(m) together with the Support Officer, app rove warehouse inventories and stock control procedures;  
 
(n) provide money advances to the cleaning superintendents, as requested;  
 
(o) prepare and update the informational report ―Summary of Costs to date‖;  
 
(p) obtain necessary cash for each day;  
 
(q) process invoices and make payments;  
 
(r) carry out inspections in loco to ensure that the material charged is used, that the contracted 
personnel is working on the project and that the equipment is well utilized;  
 
(s)  keep a record; and  
 
(t) assist in the preparation of contracts and  orders and  speed up the delivery process including, if 
necessary, the customs clearance.  
 
(3)  The Finance Officer  shall  in addition - 
 
(a) provide to the administrative/documentation coordinator a copy of any notes or observations 
made during the operation, t o be used in the post incident meeting;  and  
 
(b) work with the Risk Control Coordinator in the preparation of a cost summary.  
 
45. Legal Manager  
The L egal Manager  shall - 
 
(a) anticipate any legal action which ma y result from the oil spill or from the cleaning ope ration and 
provide appropriate recommendations  and legal ; 
 
(b) inform the Incident Commander about the contacts with local and provincial organisms and 
ensure compliance with the respective  applicable law ; 
 
(c) ensure that all the relevant regulatory organisms hav e been informed of the oil spill incident;  
 
(d) assist the National Coordinator and the Incident Commander and his or her team, assessing the 
legal implications of the proposed response actions;  
 
(e) make recommendations about any legal action;  
 
(f) keep informed abou t all the decision made or planned;  
 
(g) cooperate with the Press Advisor in all the communications to be made;  
 32 
 
(h) certify that all the documents issued are aligned with the legal requirements;  
 
(i) collaborate in the selection of legal representatives and coordinat e their actions;  
 
(j) study the complaints made against the company and determine their authenticity;  
 
(k) study the contracts; and  
 
(l) make recommendations about contractual arrangements for the supply of equipment and 
personnel . 
 
 
46. Security Advisor  
The security advisor shall -  
 
(a) m onitor and ensure maintenance of the awareness  level related to the entire active and to be 
developed  situation, assess dangerous and unsafe situations and  develop measures which guarantee 
national and personnel safety;  
 
(b) activate trai ned and experienced security personnel to manage and supervise the response actions;  
 
(c) support the local workforce in conducting  cleaning activities as long as they have or receive the 
necessary competency;  
 
(d) assess the site to identify and document hazards;  
 
(e) identify personal protective equipment  and the exclusion zones; and  
 
(f) identify the decontamination  areas;  
 
(g) develop and implement a Health and Safety Plan specific to the site;  
 
(h) take part in safety meetings to identify problems inherent to the daily work p lan; 
 
(i) implement corrective measures, preferably through the implanted command system;  
 
(j) investigate accidents or promote investigation; and  
 
(k) establish First Aid facilities and medical assistance in accordance with the Health and Safety Plan 
developed.  
 
47. On-Scene Commander  
The On -Scene Commander is responsible for - 
(a) the on -scene command of response operations;  
 
(b) the distribution of   responsibilities to the personnel involved in the Command Centre on the 
Scene ; 
 
(c) the implementation, efficacy and cost of the cleaning operation;  
 
(d) the ensuring safety of facilities and personnel;  
 
(e) the evacuation of  injured personnel;  and  
 33 
 
(f) the notification of the Incident Commander as soon as possible after the occurrence  of the oil 
spill incidence . 
 
(2) The On -Scene Command er shall in addition - 
 
(a) activate the CCEC;  
 
(b) give instructions to the On -Scene Response Team members;  
 
(c) keep contact with the Incident Commander to coordinate the response;  
 
(d) decide on the initial response strategy and start the actions;  
 
(e) request the Incident Commander for support or extra mobilization of equipment, labour and 
services;  
 
(f) regularly submit to the CCI progress repor ts which shall  include  information on the 
quantities of oil still in water, recovered and dissipated, affected coastal areas, cleaned  
extensions of the coast and quantity of oily waste to be destroyed;  
 
(g) meet regularly with EREC; and  
 
(h) inspect the incident site in order to verify if the objectives are accomplished  
 
Governm ent Intervention in Case of an Oil Spill Incident.  
 48. Governmen t intervention.  
(1) The National Oil Spill Response Committee shall - 
(a)  in the event of a major or disastrous oil spill, in collaboration with other government agencies   co-
opt, undertake and supervise  the management of oil spill incidents in Uganda ; 
 
(b)  assess the extent of damage to the ecology by matching conditions following  
the spill against what existed before the oil spill ; 
 
(c)  undertake a post -spill impact assessment to determine the extent and intensity  
of damage and long -term effects;  
 
(d)   advise the  Go vernment  on possible effects on the health of the people and ensure that appropriate 
remedial action is taken for the restoration and compensation of the environment;  
 
(e)  assist in mediating between affected  communities  and the oil spiller;  
 
(f)  monitor the res ponse effort during an emergency, with a view  to ensuring full  
compliance with existing legislation on such matters;  
 
(g)  assess any damage caused by an oil spillage;  
 
(h)  expeditiously process and grant approval for any request made to it by an oil  
spiller for the use of approved dispersant or the application of any other technology considered   vital 
in ameliorating the effect of an oil spill;  
 34 
 
(i)  advise and guide the response efforts as to ensure the protection of highly sensitive areas, habitats 
and the salvatio n of enda ngered or threatened wild life; and 
 
(j)  monitor the clean -up operations to ensure full rehabilitation of the affected  areas . 
 
(2) The Committee shall act as the Lead Agency  for all matters relating to oil spills response management 
and liaise  with t he other government a gencies for the implementation of the  
National Oil Spill Contingency P lan. 
(3) The Committee shall - 
(a) co-operate with an oil spiller in the determination of appropriate measures to  
prevent excessive damage to the environment and the comm unities;  
 
(b)  expeditiously consider any proposal made for response effort by the oil spiller;  
 
(c) mobilise internal resources and also assist to obtain any outside human and  
financial resources that may be required to combat any oil spill; and  
 
(d) assist in the as sessment of damage caused by an oil spillage.  
 
49. Directives by the Minister   
The Minister may give to the National Oil  Spill Response Committee such directives of a general  nature  or 
relating generally to matters of policy with regard to the exer cise of sits functions  as the Minister  may 
consider necessary and it shall be the duty of the Committee  to comply with the directives or cause them to 
be complied with.                
50. Responsibili ty of other Government Agencies  
(1) The Committee shall in the ev ent of a major Tier 2 or Tier 3 oil spill incident co-opt an d collaborate with 
the various ministries, departments and a gencies in respect of their various functions  as provided for under 
these Regulations.  
(2) Directorate of Water  Resources  shall - 
(a)  monitor the extent of impact in the water  body and water environment ; 
 
(b) monitor the effectiveness of clean -up exercises and advise on least -damaging techniques 
for quick recovery of impacted areas;  
 
(c) monitor the recovery rates of impacted areas a nd doc ument for future use the most 
acceptable methods for clean -up in each ecotype;  
 
(d)  recommend rehabilitation and restoration metho ds for the recovery of impacted areas ; 
and 
 
(e) provide technical and scientific support services for the Committee.  
 
(3) The Ministry  of Works  and transport  shall - 
(a) mobilise human and equipment resources to evacuate affected human communities 
to safer grounds;  35 
 
 
(b) construct temporary or semi -permanent structures and shelters for the resettlement 
of victims;  
 
(c) provide access roads to  the scene of an oil spill;    
 
(d) mobilise the fire service to combat fires that may result after an oil spill an d for 
general rescue operations ; 
 
(e) mobilise all nearby port facilities to assist in any response effort;  
 
(f) provide barges and storage for recovered oil; and  
 
(g) facilitate berthing for vessels involved in an oil spill combat . 
 
(4)The Ministry responsible for h ealth shall - 
 
(a) set up medical outposts around the scene of an oil spillage to provide medical 
treatment to affected communities;  
 
(b) mobilise medical personnel, drugs and other relief materials to check epidemic;  
 
(c) monitor the effect of an oil spill on the general health of a community;  
 
(d) observe for possible outbreak of new health conditions  that might be attributable to   
the incidence of an oil spill es pecially health impacts on potable water supplies; and  
 
(e) mobilise requirements in hospitals to respond to the emergency.  
 
(5)The Ministry  responsible for information  and communications  shall - 
(a) provide up -to-date information in consultation with the Communica tions Officer about an 
oil spi ll and give an unbiased view of the response effort to avail the affected 
communities and the general public with a clear and true picture of Government's efforts; 
and 
 
(b) monitor the response activities work in co -operation wi th outside media organisations   to 
provide accurate reporting of any oil spillage.  
 
(6) The Ministry of Communications shall - 
(a)  assist in the setting up of communications centres around the scene of any oil  spillage;  
 
(b) assist with international contacts of  fo reign based resource centres for assistance; and  
 
(c)  allocate special frequencies for use by the National Oil Spill Response Committee and the  
Command Centre.  
 
(7) The Ministry responsible for Water  and e nvironment  shall - 
(a) provide safe water  supply  to the oi l spill incident center ; 36 
 
 
(b) monitor the impact of the oil spillage on the environment; and  
 
(c) participate in the cleaning operations to ensure that the environment is restored to as near 
as possible to its original state before the incident.  
 
(8) The Ministry  responsible for a griculture and fisheries shall - 
(a) provide  food and relief materials;  
 
(b)  provide agricultural implements and other input s to resettle fishermen who may have 
been put out of business by the poll ution of fishing areas by oil; and  
 
(c) monitor the impact of the oil spill on crops.  
 
(9) The national disaster preparedness  committee  shall - 
(a) in the event of a major Tier 2 or Tier 3 oil spill, perform its obligatory function of supply 
of relief materials to needy persons  and liaise with r elevant government agencies to evacuate 
and re -settle persons shall  the need arise;  
 
(b) work alongside the Committee in co -ordinating oil spill emergencies;  
 
(c) designate assign an office or Committee to represent the local government on the 
Regional res ponse  team;  
 
(d) co-operate fully in all the activities during a response exercise;  
 
(e)  assist in raising and training an ad hoc intervention team from within its area jurisdiction ; 
 
(f) include contingency planning for responses, consistent with its pla n and regional plans , in 
all related emergency and disaster plan;  
 
(h)  initiate public safety and community relations actions necessary to protect public health  
and welfare during an emergency; and  
 
(i) assist in directing evacuation in accordance with existing Local  Government Contingency 
Procedures.  
 
(10) The  Uganda Chamber  of Commerce shall - 
(a) provide the operational and ESI maps of the area or areas affected or likely to be 
affected by an oil spill;  
 
(b) provide all necessary logistic support services includ ing equipmen t and specialist 
personnel for response efforts; and  
 
(c) assist in securing the services of international organisations in response efforts.  
  
(11) In conjunction with the Committee, non -governmental organisations, industrial groups, academic 
organisations and others may offer services in - 
(a) assisting in their respective ways to ensure effective response actions;  37 
 
 
(b)  conducting scientific researches alongside Government to evolve and devise 
sustainable clean -up strategies and rehabilitation techniques;  and 
 
(c)  organising, co -ordinating and ensuring safe use of volunteers in a response action and 
actually identifying where these can best render service effectively.  
 
(12) The Institute of  Science and Technology shall - 
(a) initiate and sustain research and devel opment , into the development of local methods, 
materials and equipment for oil spill detection and response;  
(b) disseminate the results of such R&D for adoption at the levels of the oil communities,   
companies and relevant government agencies; and  
(c) enter into collaborative R&D with international organisations that are involved in oil 
spill detection and response.  
(13) The Mi nistry of Defence shall assist - 
(a) to evacuate victims of the spill to designated areas for settlement;  
 
(b) to provide additional security back -up; 
 
(c)  to patrol the affected area ; 
 
(d) in providing vessels for oil recovery;  
 
(e) to render assistance to vessels in distress;  
 
(f)  with communication support, in the recovery operation in the environment ; 
 
(g)  to make surveillance flights over the scene of the spill;  
 
(h) to monitor oil slick movement; and  
 
(i)  to provide transportation to and from the scene.  
 
(14) The Ugandan Police Fo rce shall assist on full alert - 
(a) to keep law and order in the vicinity of the incident;  
 
(b) to protect property and equipment at the scene;  
 
(c) to protect workers from angry mobs; and  
 
(d)  to assist with communication support.  
 38 
 
PART IV - NATIONAL OIL SPILL CONTINGENCY PLAN  
51. National Oil Spill Contingency Plan  
(1) The Minister responsible for NEMA/ Ministry of Energy/ National O il Spill Response Committe e shall 
develop and distribute to the public a National Oil Spill Contingency Plan for  the planning, management and 
response  for actual or threatened oil  spill and clean -up of pollution from  the oil spill .  
 
(2) T he National Environment Management Authorit y and the Ministry responsible for petroleum , in 
cooperation with the coordinator, shall recommend provisions of the National Oil Spill Contingency Plan .  
 
(3) The Department of Wildlife and Fisheries, in cooperation with the coordinator, shall recommend 
provisions of the plan providing for protection, rescue, and rehabilitation of aquatic life and wildlife and 
appropriate habitats on which they depend under its jurisdiction.  
 
(4)  The Department of occupational health and safety , in cooperation with the co ordinator, shall 
recommend provisions of the plan providing for emergency response coordination to protect life and 
property, excluding prevention, abatement, containment, and removal of pollution from an unauthorized 
discharge.  
 
(5)  In promulgating the plan, the coordinator shall provide for clear designation of responsibilities and 
jurisdiction and avoid unne cessary duplication and expense and for  participation by local leaders.   
 
(6)  The plan shall be fully operational and implemented not later than o ne year after the  date of publication .  
 
52. Scope o f the National Contingency Plan  
(1) The National Environment Management Authority shall cause to be prepared a National Contingency 
Plan for the prevention and management of oil spills in Uganda  
 
(2) The  National Oil Spill Contingency Plan shall cover t he whole petroleum value chain and t he whole of 
Uganda.  
 
(3) The National Contingency Plan does not replace other plans, establishing the guidelines for the 
reconcilement and mutual integration among others , so these can be supplementary.  
 
(4) The dispositions  of the National Plan shall ensure the compatibility among the mentioned Plans and the 
agreement with the National Policy defined in the Plan. 
 
53. Contents of the National Oil Spill Contingency Plan   
The plan shall include - 
(a) detailed emergency operating procedures for initiating actions in response to unauthorized 
discharges;  
  
(b) a  response command structure and state response team;  
 
(c) an inventory of public and private equipment and its location and a list  of available sources of 
supplies necessary for response;  
 
(d) a table of organizations with the names, addresses, and telephone numbers of all persons and 
agencies responsible for implementing each phase of the plan and provisions for notification 
to such per sons and agencies in the event of an unauthorized discharge;  
 
(e) plans for practice drills for the response command structure and the state response team;  
 39 
 
(f) establishment of a single state hotline for reporting incidents that shall  satisfy all state 
notificati on requirements under this Part;  
 
(g) provisions for notifying the National Environment Management Authority and other lead 
agencies in case of a spill ;  
 
(h) plans for volunteer coordination and training;  
 
(i) use of both proven and innovative prevention and response  methods and technologies;  
  
(j) the circumstances under which an unauthorized discharge may be declared to be a state of 
emergency under applicable law;  
 
(k) the circumstances under which the unauthorized discharge may be declared to be abated and 
pollution may b e declared to be satisfactorily removed;  
 
(l) designation of environmental and other priority zones to determine the sequence and methods 
of response and clean -up;   
 
(m) procedures for disposal of removed oil or hazardous substances;  
 
(n) procedures established in co operation with the NEMA , UWA  and Department of Fisheries, 
National Forest Authority in managing resources damages and plans for mitigation of damage 
to and restoration, protection, rehabilitation, or replacement of damaged natural resources;  
  
(o) any plan dev eloped by the coordinator pursuant to this Part shall include appropriate local 
governmental authorities and shall provide for the participation and involvement of the 
appropriate local governmental authorities that may be affected by or involved in the 
prevention, response, and removal of an oil spill;  and  
  
(p) any other matter necessary or appropriate to carry out response activities, including but not 
limited to preapproval of the use of dispersants.  
 
54. Consultation with stakeholders  
(1) The National En vironment Management Authority shall consult lead agencies and relevant stake holders 
of the National Oil Spill Contingency Plan.  
  
(2) Where the stakeholders consulted are oil spill response organisations matters for discussion may include - 
 
(a) preparedness r equirements for the provision of response capability including the competencies of 
personnel in certain roles ;  
 
(b) notification, mobilisation procedures and arrangements;  
 
(c) communication types, channels and times;  
 
(d) interface or integration with plans and proc edures of the response organisations;  
 
(e) responsibilities of the supporting organisation including key deliverables;  
 
(f) viability of response strategies to meet the defined objectives of the submission;  
 
(g) availability of resources and response times, including  shared resource implications;  
 40 
 
(h) arrangements for exercises, audits and maintenance of physical resources and documentation;  
 
(i) commitment from oil spill response organisations to act in compliance with the accepted EP; and  
 
(j) liability and cost recovery arran gements for resources deployed during an incident.  
 
55. Approach to the oil spill contingency planning process  
(1) The oil spill contingency planning shall include accuracy in the assessment, analysis and management of 
risks is the foundation of robust o il spill arrangements.  
 
(2) In the planning process, considerations that may be relevant to development of preparedness and 
response capability, and an appropriate OSCP include……..  
 
(3) The Regulations do not prescribe a particular approach to contingenc y planning and but only 
demonstrates one possible approach based on observations of best practice within industry.  
 
56. The contingency plan by operators  
(1) Operators shall consider how the arrangements described in the OSCP shall contribute to the operat or‘s 
evidence to demonstrate and NEMA‘s grounds for believing, that the submission meets the acceptability 
criteria of these Regulation s.  
 
(2) The oil spill contingency plan - 
 
(a) shall form a key component of the operator‘s strategy to protect the environmen t and reduce impacts 
of a spill to the environment, human health and the economic activities;  
 
(b) can be considered the output of the contingency planning process ;  
 
(c) shall address the range of credible spill scenarios and clearly outline the operational and emergency 
requirements of adequately preparing for and responding to such occurrences in a timely, efficient 
and effective manner ; and  
 
(d) shall support implementation of response strategies and achieve the response objectives.  
 
57. Spill contingency plan  
(1) A  person shall not store oil spill in a facility where the storage capacity of the facility equals or exceeds 
the storage capacity shown in Schedule A  unless a spill contingency plan has been prepared and filed in 
accordance with these Regulations.  
 
(2) Where the storage capacity of a facility is less than the storage capacity shown in Schedule A and where, 
in the opinion of the NEMA a spill contingency plan is necessary for the protection of the environment, 
NEMA may require the owner or person in char ge, management or control of a facility to pr epare a spill 
contingency plan.  
 
(3) Where NEMA is satisfied, on reasonable grounds, that a person is using a means of storing oil and a 
method of dealing with the spill of oil spill, that provide a level of env ironmental protection at least 
equivalent to that which would be provided by compliance with these Regulations, NEMA may, in writing, 
subject to such conditions as it con siders necessary - 
(a) exempt a person from the requirement to file a spill con tingency  plan under  subregulation  (1); or  
 
(b) exempt a person from the requirement to include in a spill contingency plan information required 
in one or more of paragraphs 4(2) (a) to (j).  41 
 
 
58. Contents of individual  emergency p lan 
(1) The owner or person in cha rge, management or control of a facility shall ensure that a spill contingency 
plan is prepared.  
 
(2) The plan referred to under subregulation (1) shall contain - 
 
(a) the name, address and job title of the owner or person in charge, management or control;  
 
(b) the name, job title and 24 -hour telephone number for the persons responsible for activating the spill 
contingency plan;  
 
(c) facility information  including a description of  the location, size and storage capacity of the facility ; 
 
(d) a description of the type and amount of oil spill normally stored at the location described in 
paragraph (c);  
 
(e) maps, nautical charts, plants, drawings and photographs including a site map of the location 
described in paragraph (c);  
 
(f) response information and procedures including the ste ps to be taken to report, contain, and clean up 
and dispose of oil spill in the case of a spill;  
 
(g) the means by which the spill contingency plan is activated;  
 
(h) a description of the training provided to employees to respond to a spill  and procedures for 
protection of public health and safety;  
 
(i) an inventory of and the location of response and clean -up equipment available to implement the spill 
contingency plan;  
 
(j) the date the contingency plan was prepared;  
 
(k) accidental scenarios;  
 
(l)  oil spill alert systems;  
 
(m)  incident communication;  
 
(n) response organizational structure;  
 
(o) response equipment and materials;  
 
(p)  response operational procedures;  
 
(q)  procedures for interruption of oil discharge;  
 
(r) procedures for oil containment;  
 
(s) procedures for protection of vulnerable areas;  
 
(t) procedures for monitoring spilled oil;  
 42 
 
(u) procedures for oil recovery   and closing of operations;  
 
(v) procedures for mechanical and chemical dispersal;  
 
(w) procedures for clean -up activities  and  registering response actions;  
 
(x) procedures for collecting and dispo sal of recovered oil and waste materials;  
 
(y) procedures for deployment of resources;  and  
 
(z) procedures for obtaining and updating relevant information  and   annexes.  
 
59. Contents of th e Facility Emergency Plan Annex  
A facility emergency plan shall contain an  annex with the following information - 
(a) introduction;  
 
(b) risk identification and evaluation;  
 
(c) risk source identification;  
 
(d) accidental hypotheses;  
 
(e) worst case discharge;  
 
(f) vulnerability analysis;  and  
 
(g) response training and exercise.  
 
60. Additional information  to the Individual Emergency Plan  
In addition to the information in regulation……..an individual emergency plan shall contain - 
(a) introduction;  
 
(b) risk identification and evaluation;  
 
(c) risk source identification;  
 
(d) accidental hypotheses;  
 
(e) worst case discharge;  
 
(f) vulnerability analysis;  
 
(g) response training and exercises;  
 
(h) bibliographic references;  
 
(i)  individual responsible for the elaboration;  
 
(j) individual responsible for the execution  
 
(2) NEMA shall a fter receiving an oil spill n otification, the corresponding s ectoria l Coordination, after 
checking the relevancy of the incident, shall  designate or activate an Operational Coordinator for evaluation 43 
 
of the response actions as stated in the Individual Emergency Plan or Area Plan, informing the National 
Authority  on the inc ident situation.  
 
61. Requirement for facility owners and operators  
The operator of a facility or activity regulated under these Regulations shall - 
 
(a) develop an OSCP consistent with the provision of the National Plan for all activities with the 
potential of  causing an oil spill;  
 
(b) ensure  that OSCPs are based on the Tiered Response concept;  
 
(c)  set up capabilities to respond to Tier I incidents, in terms of equipment, response organization, and 
personnel trained to manage and respond to oil spills of this magni tude;  
 
(d) have arrangements in place, enabling operators to access sufficient resources within Uganda  to 
respond to a Tier II oil spill incident, and sufficient external resources to respond to  a Tier III oil spill 
incident;  
 
(e) establish an organization for res ponse to Tier II and Tier III oil spills, manage such incidents, and 
support the response opera tions involving these resources;  and  
 
(f) comply with the national policy concerning the use of dispersants in Uganda n waters.  
 
(2) Facility owners including upstre am and midstream licensees shall prepa re emergency and response plans 
and promote awareness of the dangers of oil spills in a manner that demonstrates that the facility has planned 
for and is prepared to conduct an efficient, coordinated, and effective res ponse to an oil spill.  
 
(2) The plan referred to under subregulation (1) shall include - 
 
(a) the name, address and job title of the owner or person in charge, management or control ultimately 
responsible for the facility;  
 
(b) the name, job title and 24 -hour telep hone number for the persons responsible for activating the spill 
contingency plan or  the on -site person responsible for managing the facility or  the person in charge, 
management or control of the contaminant or e initially responsible for clean -up activi ties; 
 
(c)  a description of the facility including the location, size and storage capacity to help  responders  be 
familiar with the facility and its contents especially if people unfamiliar with the facility are to assist 
in the planning or undertaking of th e clean -up and the description shall  include a map and  diagrams;  
 
(d)  a description of the type and amount of contaminants normally stored at the  location described in 
paragraph (c)  including the chemical names  and the volumes or weights of the contaminants  
volumes or weights would be the maximum amount of contaminant that may be on -site at any time  
to ensure safety of on -scene response personnel;  
 
(e) a site map of the location described in paragraph (c)  to illustrate the facilities relationship to other 
areas  that may be affected by a spill which  shall  be to scale and be large enough to include the 
location of your facility, nearby buildings or facilities, roads, culverts, catch basins, drainage patterns 
and any nearby bodies of water which could be impacted by a spill or topographic features which 
would affect access and response;  
 
(f) the steps to be taken to report, contain, clean -up and dispose of  contaminants in the case of a spill 
and  the notification of all parties involved including  internal as well as e xternal reporting 44 
 
procedures and  a description of a public reporting procedure used to alert anyone who may be 
affected by the spill is required;  
 
(g) the means by which the spill contingency plan is activated outlining internal company procedures to 
activate  appropriate  response equipment and personnel;  
 
(h) a description of the training provided to employees to respond to a spill  including a syllabus or brief 
outline of any training,  whether it is on -the-job or formal courses  and fundamentals which shall 
inclu de- 
 
(i) knowledge and use of any response equipment that may be used as well as 
knowledge of the hazards from the product s that may be encountered; and  
 
(ii) the rapid and competent response consistent with company policies and procedures;  
 
(i) an inventory of and the location of response and clean -up equipment available to implement the spill 
contingency plan including the  equipment to be used by another person  responding to the spill on 
behalf of the owner and  it is imperative  that  written agreements are made with others who shall  
respond to the  spills;  
 
(j) the date th e contingency plan was prepared;  
 
(k) corrective remediation action in case of releases and spills;  
 
(l) notification requirements and procedures for releases and spills;  
 
(m) measures for oil spill preve ntion;  
 
(n) testing methods to determine contamination;  
 
(o) drainage control;  
 
(p) methods for secondary containment;  
 
(q) bulk storage tanks;  
 
(r) truck loading and unloading;  
 
(s) transfer operations;  
 
(t) inspections and records;  
 
(u) security measures; and  
 
(v) employee training.  
 
62. General c ontent s of Oil Spill Contingency Plans  
All oil spill contingency plans prepared in accordance with these Regulations shall  as a minimum contain - 
 
(a) an analysis of the risk of oil spills which may occur as a result of the activity covered by  the pla n; 
 
(b) identification of possible scenarios of oil spill incidents classified according  to the Tiered response 
concept;  
 45 
 
(c) identification of all the areas and activities which may be impacted by the  identified oil spill 
scenarios;  
 
(d) the oil spill response strate gy identified for the various scenarios, covering incidents since Level I 
through Level 3, as appropriate  and th e choice of the strategy shall be based on the Net  
Environmental Benefit Analysis;  
 
(e) the al ert and notification procedures;  
 
(f) definition of the oi l spill response organization established to facilitate immediate initial response 
and control of incidents  and the  description of the functions of the key positions in the organization 
of respons e ; 
 
(g) inventory of the resources available for oil spill res ponse operations , equipment, supplies and 
services ; 
 
(h) training program for the personnel involved in the response organization, including the type of 
trainin g for each responsibility level;  
 
(i) a program of oil spill response exercise established in the plan, including the type of exercises and 
their frequency, covering all types of exercises , communications, planning, mobilization and every 
possible  situa tion, from Level 1 to Level 3; and  
 
(j) storage procedures and final destination of the oil waste resulting fro m cleaning operations at the 
water body  and on the coast.  
 
63. Regional Oil  Spill Contingency Plans  for the oil producing districts : 
(1) The oil producing regions that are exposed to the consequences of oil spill events which may occur as a 
result of upstr eam and midstream activities shall have contingency plans for the management of oil spills in 
their areas . 
 
(2) The Regions shall establish and keep updated contingency plans that protect the environment of their 
areas  and are aligned with the requirements  of the National Oil Spill Contingency Plan and other applicable 
laws. 
 
64. Local Oil Spill Contingency Plans  
Each district in Uganda may prepare a local contingency plans for their specific areas and, naturally,  this 
may vary according to the type of acti vity and localization of the respective district . 
 
65. Oil spill emergency response  plan  
(1) A contingency plan, also called an emergency response plan or a spill response plan is a set of 
procedures to be followed to minimize the effects of an abnormal ev ent, such as a spill.  
 
(2)  The plan serves as a guide or reminder of the steps to take during your response and identifies personnel 
and their responsibilities.  
 
(3)  To be effective, the information in the plan shall  be material that you are already fami liar with. You do 
not want to be reading your plan for the first time during an emergency.  
 
66. Purpose of the  emergency response  plan  
(1) An emergency, such as a spill, is often a stressful situation and under such conditions, important steps of 
the respo nse can be overlooked or forgotten.  
 46 
 
(2) Following a plan helps to ensure all necessary concerns are addressed, i.e. life is protected, injuries are 
minimized, resources are used effectively, environmental impact is kept to a minimum and essential 
reporti ng is completed.  
 
67. Plan to be file with NEMA  
 (1) Subject to subregulation  (2), the person responsible for preparing a spill contingency plan shall file the 
plan with NEMA before making use of a facility.  
 
(2) Where a facility is already in use on the  commencement of these Regulations , the person responsible for 
preparing a spill contingency plan shall file the plan with NEMA within one year after the day these 
Regulations come into force.  
 
68. Review of plan  
 (1) The NEMA shall review each spill conting ency plan after it is filed.  
 
(2) The NEMA may require the person who filed the spill contingency plan to  amend it . 
 
(3) Where the NEMA requires amendments under  subregulation ( 2), it may indicate a reasonable period of 
time within which the amendments sha ll be filed.  
 
(4) The person who filed a spill contingency plan shall make and file any  amendments  required under 
subregulation  (2). 
 
69. Annual Review of plans  
(1) The person responsible for preparing a spill contingency plan shall review the plan annuall y. 
 
(2) The person responsible for preparing a spill contingency plan shall, in writing, notify NEMA when a 
review under subregulation  (1) has been completed and shall immediately file with NEMA any changes 
made to the plan.  
 
70. Implementation of plan  
Once a spill contingency plan has been filed, the person responsible for preparing the plan shall implement 
the plan.  
 
Clean -up 
 
71. Clean up  
(1) Clean -up includes  the removal of the contaminant from the environment.  
 
(2) The operator of a facility or the responsible person shall consider the possible scenarios or spill incidents 
that could occur at the facility  including a worst case scenario, and descr ibe how he or she shall  address th e 
situations.  
 
(3) A detailed description of actual containment and clea n-up techniques or methods  may be included in the 
plan for the facility .  
 
72. Disposal and treatment  
(1) Disposal includes treatment  of the contaminant such that it is no longer a threat to the environment.  
 
(2) Contingency plans shall  contain appropria te disposal procedures for the materials stored at the facility  
and locations  of disposal sites approved to accept wastes, means of storage prior to disposal and other 
approvals required.  47 
 
 
(3) T he disposal of any contaminants including contaminated soil o r water shall be authorised by NEMA in 
accordance with the National Environment (Waste Management) Regulations .  
 
73. Additional Information  
(1) The following types of information, shall  enhance the effectiveness of any plan  made under these 
Regulations - 
 
(a) a listing of local contractors or clean -up specialists who may be called upon to assist in responding to 
spills;  
 
(b) a  listing of emergency numbers such as fire, ambulance and police including local health emergency 
numbers;  and  
 
(c) Material Safety Data Sheets  (MSDS) for each product or contaminant stored at the facility . 
 
(2) Holders of contingency plans sh all conduct simulation exercises to test the plan‘s effectiveness and this 
kind of assessment can be conducted in stages on various parts of the plan or on full-scale.  
 
PART V - OIL SPILL COMPONENTS OF A RISK ASSESSMENT  
 
74. Risk Assessment  
(1) A systematic approach incorporating prevention and preparedness activities shall be used in the 
assessment of  an oil spill  risk.  
 
(2) The asses sment referred to under subregulation (1) shall focus on preparedness of the responsible person 
to reduce the consequence of the impacts of a significant oil spill.  
 
(3) To complete the  assessment, the responsible person shall have knowledge of  what to prepare for where 
scenario s can be categorised to assist the planning process, usually into response tiers.  
 
(4) T he id entification of consequence s shall  be location specific.  
 
75. Hazard and scenario identification (Guidelines)  
(1) An operator shall employ realism and lateral th inking in hazard identification.  
 
(2) The operator shall identify ‗obvious‘ hazardous events and look for potentially complex hazardous 
events including considering  the fact that a sequence of failures or a set of concurrent problems  might show 
how a co mbination of active and latent failures in risk control barriers can allow a hazardous event to 
progress to an oil spill incident.  
 
(3) During hazard identification , the operator  shall - 
 
(a) challenge assumptions and existing norms of design and operation to test whether they may 
contain weaknesses;  
  
(b) think beyond their immediate experiences;  
  
(c) explore the effect of failure of management systems, controls and procedures;  
  
(d) consider how relatively minor problems may increase in magnitude because of other proble ms 
that arise to compound the seriousness;  
 48 
 
(e) consider a range of events that include those associated with the failure of all preventative and 
immediate containment recovery controls  including a l arge number of variables such as 
operational extremes, the fa ilure of engineering controls, prevailing conditions, operational 
limitations of resources and other variables;  
 
(f) consider hazards relating to all phases of the activity including  construction, installation and 
commissioning;  and  
  
(g) any changes to assumptio ns made about the activity such as hydrocarbon and/or reservoir 
properties.  
 
(4) An operator shall not eliminate hazards from further consideration simply because they have a very low 
likelihood; for example, when identifying hazards that could lead to a blowout scenario, the fact that a range 
of control measures may be put in place to minimise the risk of a blowout does not mean that this scenario 
no longer requires further preparedness and response controls that may contribute to minimising the 
consequen ce of the event.  
 
(5)  To have an appropriate OSCP, an operator sh all demonstrate that they have a sufficient level of 
preparedness to mitigate the consequence of identified hazards and subsequent spill scenarios.  
 
(6) The NEMA shall not accept an environ ment plan where a high consequence scenario has been ignored, 
especially where related incidents have been experienced elsewhere in the industry.  
 
(7) The assessment of low likelihood may result from an assumption that the existing controls are highly 
effective.  
 
(8) The type of exclusion under subregulation (7) is undesirable for the following reasons - 
 
(a) the control that wa s thought to eliminate the risk  may not be as robust as first thought, for 
example controls can deteriorate over time and the effectiv eness of ‗new‘ controls is often 
unproven;  
  
(b) controls may not be adequately managed if their importance is not recognised;  
  
(c) the initial assessment may not be based on adequate grounds, and further detailed assessment 
may indicate that the risk is higher d ue to site -specific considerations; and  
  
(d) knowledge of all potential events is essential for emergency planning.  
 
(9) The scenarios presented in the  OSCP, for which preparedness is demonstrated, shall be directly relevant 
to the risk assessment for the ac tivity and the scope of the OSCP and the scenarios may function to define 
the zone of potential impact (ZPI) and develop plans appropriate to the nature of the activity and its 
associated spill risk.  
 
76. Tiered response concept (Guidelines)  
(1) The tiere d response approach shall be consistent with the International Convention on Oil Pollution 
Preparedness, Response and Co -operation (OPRC) .  
 
(2) When grouping scenarios, operators are responsible for demonstrating why the scenario groups are 
representative  of the range of credible spill scenarios that have potential to occur during the activity and this 
includes consideration of factors such as release volumes and duration, oil types, location, environmental 
factors and any other factors which could affect the selection and development of response strategies.  
 49 
 
 (3) The description of the tiered response arrangement in the OSCP shall  provide some guidance to users on 
how to categorise spill scenarios as Tier 1, 2 or 3 , as relevant to the activities and capab ilities  of the operator  
or responsible person .  
 
(4) The tier structure shall  provide a graduated scale of response based on factors relevant to the spill 
scenarios  including  spill sources and volumes, resources at risk, the necessity for higher level mana gement 
support and the response resources required to combat the spill.  
 
(5) The description of the tiered response  shall  demonstrate the capability  of the operator or responsible 
person to respond and maintain control for the range of spill scenarios rel evant to the activity.  
 
(6) The OSCP shall  clearly demonstrate when and how the operator  or responsible person  shall  seek 
assistance from other stakeholders to ensure it has the capacity to respond.  
 
77. Oil types and volumes (Guidelines)  
(1) Based on th e nature of the activities described within the scope of the submission, the operator or 
responsible person shall  identify the oil types and volumes that may be discharged.  
 
(2) The OSCP sh all provide up -to-date data on key characteristics and properties of chemical and physical  
that are relevant to oil spill response and this may include characteristics including  persistence, volatility, 
emulsification, spreading and dispersability.  
 
(3) The  operator or responsible person shall described the  effect on o il characteristics resulting from 
weathering and  the application of dispersant  where the  factors may be relevant to the oil spill risk and 
impact assessment.  
 
(4) Where uncertainty exists , the operator  or responsible person shall implement measures to re duce the risk 
associated with the uncertainty, both during the preparedness and response phases of the OSCP.  
 
(5) The operator or responsible shall use a nalogues to demonstrate an understanding of potential reservoir 
content in the case of exploration wel ls.  
 
(6) The operator or responsible person may use f urther measures to eliminate uncertainty including  
commitments for laborat ory testing or planned sampling or field testing processes.  
 
78. Activity description  
(1) The submission of an OSCP shall spec ify the activities and facilities that are within the scope of the 
submission and a clear statement regarding any specific exclusion.  
 
(2) The operator or responsible person shall consider r esponse strategies when describing the controls in the 
submission  and the  strategies shall be assessed  for the associated impacts and risks, as required by these 
Regulations; for example, a dispersant strategy proposed to mitigate the consequences of a spill sh all be 
described in sufficient detail to enable an assessmen t of the environmental impacts and risks of the activity.  
 
(3) Where provided as a separate document, the OSCP shall provide a high level activity description that is 
tailored to matters relevant for a spill response and include a summary of potential spi ll causes.  
 
(4) The detailed activity descriptions may cross -reference to the EP where appropriate, to avoid duplicating 
the same level of detail into the OSCP.  
 
79. Consequence identification  
(1) The operator or responsible person shall have detailed k nowledge of existing environment so as t o 
identify the environmental risk and impact consequences of an activity in normal and potential emergency 
conditions.  50 
 
 
(2) A submission of  OSCP shall  describe the existing environment that may be affe cted by the ac tivity and 
any relevant cultural, social and economic aspects of the environment in sufficient detail to enable adequate 
evaluation of the environmental impacts and risks from the activity.  
 
80. Oil spill (preparedness) trajectory modelling and the zone o f potential impact (Guidelines)  
(1) Trajectory modelling and environmental mapping shall  assist decision -making and enable the 
development of appropriate response strategies, incident action plans and environmental monitoring 
strategies.  
 
(2) The plan shall demonstrate that the operator or responsible person has based the oil spill components of 
the risk assessment and any associated oil spill trajectory modelling (OSTM) on current and accurate 
information on oil characteristics and toxicity.  
 
(3) The pla n shall  demonstrate the understanding  by the operator of the behaviour of both fresh and 
weathered oil on the  environment , in the water column and on shorelines if relevant.  
 
(4) The  operator or responsible person shall model the  duration of the spill , and the  zone of potential impact , 
determined  by the range of credible spill scenarios and response strategies.  
 
(5) The  operator or responsible person shall estimate and consider the response times for controlling the 
source of a spill and for containing th e extent and spread of a spill.  
 
(6) Definition of the zone of potential impact shall account for dynamic environmental conditions and 
consider potential impact of a spill during less favourable seasonal conditions.  
 
81. Environmental description within the Zone of Potential Impact (Guidelines)  
(1) The operator or responsible person shall, i n describing the geographical scope of the plan, consider the 
Zone of Potential Impact defined for the activity as part of the risk assessment.  
 
(2) The OSCP shall  provide both spatial and temporal environmental information that is consistent with the 
EP and  presented  to clearly communicate environmental values within the Zone of Potential Impact that 
require consideration during response and monitoring activities.  
 
(3) The operator or responsible person may use m aps of important physical, biological, heritage and 
socioeconomic factors to help in describing the environment.  
 
82. Resources at risk (Guidelines)  
(1) The operator or responsible person shall base consequ ence identification on an evaluation of the 
resources at risk and result in a list of environmental, cultural and commercial resources that are prioritised 
based on their sensitivity to oil impact and their ability to recover following impact by oil.  
 
(2) Sensitivities including bird rookeries, turtle nesting beaches, fisheries and tourism may require a higher 
level of protection at certain times of the year and a lower level throughout the intervening periods.  
 
(3) Where a high potential for impact has b een identified, an approach to preparing appropriately  and the 
operator shall categorise and prioritise the sensitivity types within the Zone of Potential Impact based on 
their inherent value, their ability to naturally recover, and their resilience to res ponse actions.  
 
(4)  An awareness of the most sensitive and least sensitive resources at risk within the Zone of Potential 
Impact may be useful information when forming response strategies.  
 
83. Baseline studies (Guidelines)  51 
 
(1) The EP shall  describe the existing environment, detail the impacts and risks for the activity, and evaluate 
the impacts and risks, including those arising from potential emergency conditions . 
 
(2) Where there are gaps in knowledge regarding the condition of the existing environment  so that impacts 
and risks cannot be fully evaluated, then existing environmental data sought or baseline studies shall  be 
completed during the planning phase.  
 
(3)  Environmental performance objectives, standards and measurement criteria shall  be defined against 
which the performance by the operator  or responsible person in protecting the known environment that may 
be affected by the activity is to be measured.  
 
(4) The EP shall  also include arrangements for recording, monitoring and reporting information  about the 
activity sufficient for the Petroleum Authority  of Uganda /NEMA to be able to determine whether the 
environmental performance objectives and standards are met.  
 
(5) Desk top studies or baseline environmental studies shall  provide sufficient and accurate environmental 
data to allow the operator to measure environmental impacts attributed to an oil spill and these shall be 
separate d from naturally occurring temporal and spatial environmental variability; for example, if it is 
predicted that an oil spill shall  reach a particular habitat or environmental resource, the relevant and recent 
baseline data shall  be identified or collected prior to the impact occurring.  
 
(6)  Baseline studies shall  be designed with post -impact monitoring in mind to provide data that are directly 
relevant and comparable to the data gathered during post -impact monitoring.  
 
(7) Baseline studies shall  be planned and conducted prior to the spill occurring to ensure there are relevant 
data available to make post -impact comparison s and measure any impacts.  
 
Reporting Oil S pills 
84. Reporting oil spills  
 (1) The owner or person in charge, management or control of a facility, vessel, and platform  at the time a 
spill occurs shall immediately report the spill to NEM A/PEPD for petroleu m activities.  
 
(2) Where there is a reasonable likelihood of a spill, the owner or person in charge, management or control 
of the oil spill shall immediately report the potential spill.  
 
85. Methods of reporting  
(1) A person reporting a spill shall call the 24 Hour spill report line  designated by the National Oil Spill 
Response Committee .  
 
(2) A person reporting a spill shall give as  much information as possible  including - 
 
(a) the date and time of spill;  
 
(b) the location of spill;  
 
(c) the direction oil spilled is moving;  
 
(d) the name and phone number of a contact person close to the location of spill;  
 
(e) the type of contaminant spilled and quantity spilled;  
 
(f) the cause of spill;  
 
(g) whether spill is continuing or has stopped;  52 
 
 
(h) the description of existing contaminant;  
 
(i) the action taken to contain, recover, clean -up and dispose of spilled oils;  
 
(j) the name, address and phone number of person reporting spill;  and  
 
(k) the name of owner or person in charge /responsible person , management or control of oil spill at 
time of spill.  
 
(2) A  person shall not delay reporting a spill because of lack of knowledge of any of the factors listed in 
subregulation  (1). 
 
(3) A  person shall not knowingly make a false  or misleading report of a spill or a potential spill.  
 
86. Written report  
(1) For the p urposes of evaluating the effectiveness of the spill contingency plan, NEMA  may require, the 
owner or person in charge / responsible person , management or control of a facility at the time a spill 
occurred  to prepare and file a written report concerning the  spill.  
 
(2) The person required to prepare the report described in subregulation  (1) shall provide all information 
required by NEMA.  
 
87. Corporate plan (Guidelines)  
(1) A company licensed under the Upstream, Midstream or Downstream  law, may prepare a cor porate plan 
in line with the company's adopted environmental management plan, the applicable natio nal oil spill 
contingency plan and international guidelines as approved by NEMA .(the International Maritime 
Organization (MO) (1995), World Bank, and Internat ional Petroleum Industry Environmental Conservation 
Association (IPECA, 1991).  
 
(2) The purpose of the corporate or umbrella contingency plan is to - 
 
(a) state company policy for spill response;  
 
(b) define the relationship between industry and government emergenc y response plans;  
 
(c) define the tiered response organization and escalation process;  
 
(d) provide coordinated response actions for a corporate spill management team;  
 
(e) supplement site -specific spill contingency plans with the company -wide information;  
 
(f) provide gu idance for response to spills of significance;  
 
(g) define functions and roles of the company spill management team.  
 
(3) An umbrella plan prepared under this regulation shall serves as a general framework and reference 
document for detailed area -specific or a sset-specific oil spill response plans  and i n particular, the um brella 
plan provides corporate and project -wide information, guidelines, and recommended practices for spill 
response.  
 
(4) The information in the corpora te plan may be used to guide the deve lopment for each defined project 
area and response sub -organization developed at a local or Tier 1, level.  
 53 
 
(5) The area -specific plan shall  contain response procedures, strategies, tactics, and spill scenarios specific 
to a defined geographic setting or l imited operation.  
 
(6) The suc cess of the area -specific plans may depend  on the introspective analysis undertaken with respect 
to- 
 
(a) hazards analysis;  
 
(b) risk estimation;  
 
(c) prevention;  
 
(d) planning;  
 
(e) training;  
 
(f) spill exercises;  
 
(g) response; and  
 
(h) evaluation plus fol low-up. 
 
(7) The spill risk quantification shall include evaluation criteria for spill sources including  vessels, 
production platforms, pipe lines, terminals, storage tanks, pathways or trajectory models,  surface and 
subsurface,   receptors and s ensitive are as whether  public and private and timing.  
 
(8) As spill prevention and preparedness capabilities increase, the relative risk posed by so urce, pathways 
and receptors may  be expected to decrease.  
 
(9) The aspects referred to  under this regulation  shall bec ome key elements of appropriate spill contingency 
planning and environmental management programs.  
 
88. Use of tiered response. (Guidelines)  
(1) The operator , owner  of a facility or  responsible person may use a tiered response system that has the 
flexibilit y to expand in an organized and consistent fashion to address individual, district, regional, country, 
or project -wide emergencies.  
 
 (2) A tiered approach shall facilitate  the rapid and orderly expansion of emergency response from on -site, 
local responder s and resources to area -wide and even national to multi -national response.  
 
(3) Three tiers are standard industry terms used to describe the extent of a spill event and subsequent 
response.  
 
(4) The environmental implications associated with an accidental  hydrocarbon release shall  vary depending 
on spill size, type, setting and environmental conditions.  
 
(5) N o single spill size is assigned to the tiered response system  but the tiers are based on potential severity 
of the incident once all factors are con sidered.  
 
(6) A tiered approach shall enable  spill response to be managed in the most efficient and effective manner.  
 
(7) The operator, owner of a facility or responsible person shall identify and prioritize , according to 
environmental sensitivity, an ar ea's ecological, socio -economic  and cultural resources.  
 54 
 
(8) The operator, owner of a facility  or responsible person shall evaluate  the various response options and 
compare  them not only to each other but also to t he option of natural recovery which shall  determine  the 
response methods that have the least impact on the environment or the net environmental benefit.  
 
(9) T he response opti on or combination of options selected shall  prevent or reduce impacts to sensitive, 
valuable resources.  
 
89. Incident co mmand system. (Guidelines)  
(1) The spill management team organized under these Regulations shall  expand and contract the support 
needed  and appropriate for a response.  
 
(2) For a Tier 1 response, the spill team operating within the ICS framework may consi st of only a few 
individuals.  
 
(3) The response team  shall assume  all the responsibilities for incident command and control, regardless of 
spill size  or Tier.  
 
(4) The ICS shall provide for the delegation of responsibilities  as needed and appropriate to supporting staff, 
maintaining a maximum of five to seven lines of communication within the ICS organization.  
 
(5) The ICS in spill response shall also establish  a field operations organization, taking advantage of 
geographic operational divisions or functi onal task groups . 
 
PART VI - RISK MANAGEMENT FOR CONSEQUENCE REDUCTION  
90. Risk management  
(1) The operator,  owner of a facility  or responsible person  shall evaluate a ll aspects of the respons e 
strategies to ensure that the reso urces required to implement t he strategies are available and appropriate.  
 
(2) Response strategies under subregulation (1) shall be consistent with the environmental performance 
objectives, standards and measurement criteria shall  be specific, measurable, achievable, relevant, and ti me 
framed, so that they can be monitored to ensure the response objectives are achieved.  
 
(3) The o perator, owner of a facility or responsible person shall  be responsible for evaluating the spill risks 
of their activities and developing response strategie s that are appropriate to respond to all incidents resulting 
from their activities.  
 
(4) Where an appropriate response strategy is  identified, the operator  shall undertake  an assessment of the 
risks of the response itself.  
 
(5) The response activity shall have inherent occupational health and  safety and environmental risks 
identified dur ing preparation of the OSCP and controlled prior to undertaking the response.  
 
(6) The operator, owner of a facility and responsible person shall also develop a process f or monitoring and 
managing th e risks during the response and set objectives, standards and measurement criteria to enable the 
operator , owner of a facility or responsible person  to measure the environmental performance of risk 
controls.  
 
(7) For the avoid ance of doubt , environmental performance standards and their measurement criteria shall  
allow for the measurement of preparedness and response controls.  
 
(8) The operator , owner of a facility or responsible person shall measure environmental  performance t o 
ensure that preparedness is maintained to an appropriate standard and that a response is conducted in 
accordance with the planned response arrangements.  
 55 
 
(9) Well -defined objectives, standards and measurement criteria shall  enable measurement, auditing and 
reporting in accordance with the National Environment (Audit) Regulations .  
 
91. Develop ment of  (ALARP and acceptable) response strategies  
(1) After the oil spill components of the risk assessment for the project, the operator , and owner of a facility  
or responsible person  shall select  response strategies that focus on suitabil ity, acceptability, feasibility  and 
practicability.  
 
(2) The response strategies selected  under subregulation (1) shall balance the ecological, social and 
commercial concerns within the Zone of Potential I mpact and aim to minimise further impacts to the 
environment.  
 
(3) For compliance with these Regulations, documentation of the response strategy selection process shall be 
used to demonstrate the independent ALARP and acceptabl e tests.  
 
(4) Selection of response strategy under subregulation (1) shall  be conducted with subject matter experts.  
 
(5) The response strategy selection process shall  aim to - 
 
(a) satisfy the need to mitigate the consequences of an oil spill;  
  
(b) confirm or a mend the priorities identified in the resources at risk;  and 
  
(c) support the  choice of response strategies and subsequently described in the submission.  
 
(6) The operator, owner of a facility or responsible person shall, i n selecting response strategies, give 
consideration to occupational health and safety , environmental conditions, response times and other 
constraints that may limit the ability of the operator or response organisations to undertake specific tasks.  
 
(7) The OSCP shall  determine whether prac ticable solutions are av ailable to avoid or manage the  constraints 
appropriately to improve response capability and minimise the risk to an acceptable level.  
 
(8) Based on the identified scenarios under subregulation (7) and prioritisation of resources at  risk, the EP 
shall  include an appropriate OSCP for selected response strategies that can be easily understood and 
communicated.  
 
(9) The OSCP shall  demonstrate capability and preparedness for appropriately responding to all incidents 
from the activity an d NEMA shall consider response strategies scalable for the identified scenarios relevant 
to the activity and may group  into responses on air, land and water .  
 
(10) The response strategies under this regulation shall c over the duration of a response, the source control, 
monitoring, containment, recovery, protection, deflection and natural recovery.  
 
(11) Response strategies shall  be evaluated through the planning process and shall aim to achieve the 
environmental performance objectives of responding to the  spill.   
 
92. Source control (Guidelines)  
(1) T he OSCP shall  consider the options available to minimise, control or preferably stop the continual flow 
of oil into the environment  regardless of the source of the spill .  
 
(2)Where there is loss of well cont rol, the option may  involve an evaluation of the relative merits of well 
intervention, source capping or any other suitable new technologies as they are developed.  
 56 
 
(3) The operator, owner of a facility or responsible person shall consider a ll the availab le options for 
reducing or containing the volume of spilt oil so as to identify  the options that reduce  the consequence of the 
spill to the extent practicable.  
 
(4) The possible success of, and timeframes for, the various source control options shall  be important inputs 
to the risk assessment process in considering the magnitude and duration of a release of oil to the 
environment.  
 
(5) Specific details related to well integrity management hazards  including  well control and intervention that 
aim to minimis e the duration and extent of the release, are the subject to the Petroleum (Exploration, 
Development and Production) Act, 2013 and r egulations made under that Act.  
 
93. Monitoring and evaluation (information gathering) (guidelines)  
(1) Monitoring and eval uation as a response strategy shall be  the first, last and an underpinning response 
strategy  and while  commonly completed through aerial surveillance other  information gathering tools may  
be utilised to support the decision making process in a response.  
 
(2) The OSCP shall  describe arrangements for ensuring timely access to real -time monitoring of a spill 
situation, appropriate to the scenarios, activity and impacts.  
 
(3) The arrangements referred to under subregulation (2) may include - 
 
(a) oil spill trajec tory or fate modelling;  
 
(b) oil sampling;  
  
(c) dispersant efficacy testing;  
 
(d) charts, maps  or geographic information systems  or oil spill response atlas;  
  
(e) real-time weather conditions;  
  
(f) satellite tracking buoy deployment;  
  
(g) satellite observation;  
  
(h) aerial surve illance;  and 
  
(i) environmental monitoring .  
 
(4) The information gathering tools  referred to under this r egulations apply  to both preparedness and 
response  and w here possible, details and evaluation of outputs from the tools shall  be undertaken prior to a 
spill and validated during any response.  
 
(5) Whilst pre -incident OSTMs can provide an indication of the Zone of potential impact for planning 
purposes this does not preclude the need to access real -time monitoring (aerial surveillance, satellite 
imagery, s cenario modelling) in the event of an incident.   
 
Offshore Facilities for Oil and Gas  
 
94. Exploration and Production  
(1) The National Oil Spill Response Committee shall  work closely with the oil and gas sector  to ensure that 
all the operators of offshore facilities in the waters under Uganda‘s jurisdiction  prepare and keep  update 
contingency pla ns against oil spills for their installations.  57 
 
 
(2) The plans of the exploration and production offshore facilities shall include dispositions that demonstrate 
their capability to - 
 
(a) respond to Level 1 oil spills, using the existing resources in the very installations;  
 
(b) mobilize the resources existing in Ugandan  territory, in sufficient quantity to respond to  Level 2 oil 
spill incidents;  
 
(c) sign agreements of mutual ass istance with other licensee and operators involved in petroleum 
activities in Uganda , to ensure access to the respective resources;  and  
 
(d) mobilize external resources in order t o respond to Level 3 incidents . 
 
95. Oil handling facil ities (Guidelines)  
(1) Onshore oil handling facilities may be classified in several categories  including upstream and midstream 
pipeline operators, oil terminal , central processing units  and refineries.  
 
(2) Each facility shall establish and keep updated a contingency plan demonst rating capacity to react to 
Level 1 incidents.  
 
(3) The National Oil Spill Response Committee may determine until what extent certain facilities shall be 
prepared for Level 2 oil spill incidents d epending on the characteristics of the facility  and the natu re of the 
risk to the environment.  
 
 
96. Aggregate Oil Storage Capacity: Aboveground Storage and Completely Buried Storage  
(1) A small business facility shall  prepare an OSCP if it has an aggregate aboveground storage capacity of 
greater than 1,320 gallons  where spilled oil may reasonably be expected to reach water bodies.  
 
(2) Only containers of oil with a capacity of 55 -gallons or greater qualify under subregulation (1) . 
 
(3) An OSCP is also required if a small business facility has a completely buried s torage capacity of greater 
than 42,000 gallons of oil that may reasonabl y be expected to reach  a water body  if discharged and this  
shall  not apply to underground storage tanks.  
 
Oil Spill Contingency Plan  
 
98. Plan Certification  
(1) The OSCP shall be rev iewed and certified by a licensed professional engineer .  
 
(2) The information for the plan may be collected and the pla n written by someone other than a professional 
engineer . 
 
(3)  The plan written under subregulation (2) shall  be re -certified by a profe ssional engineer whenever 
material changes to the plan are made  including  technical changes.  
 
(4) Non -technical amendments including  changes to telephone numbers and contact names, do not require 
professional engineer certification.  
 
(5) The plan shall  be reviewed, revised, and recertified by a  professional engineer  at least every five years.  
 
(6) A qualified facility  may self -certify their own plans instead of having a professional engineer certify  the 
plan.  58 
 
 
(7) A qualified facility  referred to under s ubregulation (6 ) is one that has a capacity of 10,000 gallons or less 
of oil, and has not had a single discharge of over 1,000 gallons or two discharges of 42 gallons in any twelve 
month period or in the past three years and when a spill occurs, the facili ty shall  still have a professional 
engineer certify portions of the plan including  environmentally equivalent measures or impracticability 
determinations.  
 
100. The contingency plan  
(1) The OSCP shall be the document for the purpose of responding to the consequences of an unplanned 
event which has occurred during normal operations.  
 
(2) An operator, owner of a facility or responsible person shall  consider how the arrangements described in 
the OSCP shall  contribute to the evidence of the operator, facility  owner or responsible person  to 
demonstrate and  the grounds of NEMA  for believing, that the submission meet s the acceptability criteria 
under these Regulation s.  
 
(3) The oil spill contingency plan - 
 
(a) shall  form a key component of the strategy of operator, facility owner or responsible person  to 
protect the environment and reduce impacts of a spill to the environment, human health and the 
economic activities;  
 
(b) can be considered the output of t he contingency planning process ; 
 
(c) shall  address the range of cred ible spill scenarios and clearly outline the operational and emergency 
requirements of adequately preparing for and responding to such occurrences in a timely,  efficient 
and effective manner ; and  
 
(d) shall  support implementation of response strategies and ac hieve the response objectives.  
 
101. Purpose of an OSCP (Guidelines)  
(1) The OSCP shall describe oil spill response strategies and actions, as well as being a command and 
control tool in an oil spill response.  
 
(2) The OSCP is part of the EP implementati on strategy which supports the environmental objectives for the 
activity provided in the EP.  
 
(3) The purpose and objectives of the OSCP are therefore guided by the environmental policy, objectives 
and risk controls provided within the submission.   
 
102.  Scope of the OSCP  
 (1) An operator , facility owner or responsible person  shall ensure that the scope of their OSCP is directly 
relevant to the activity described in the EP.  
 
(2)  The operator, facility or responsible person shall  ensure that the OSCP sub mitted is appropriate for the 
nature and scale of the activity described, the location considered in the consequence identification, and oil 
types/volumes considered in oil spill components of the risk assessment for the activity.  
 
103. OSCP Structure (guidelines)  
(1) The structure and content of an OSCP shall  be set out in a manner that supports effective implementation 
by the operator , facility owner or responsible person  during an incident.  
 
(2) The OSCP document shall  be clear and concise while provid ing sufficient information outlining roles 
and responsibilities and priority actions to guide an effective response.  59 
 
 
(3) There  OSCP shall provide a  degree of flexibility in the approach an operator , facility owner or 
responsible person may  structure the components of a submission to NEMA, for example, an OSCP may be 
specific to a single activity under a single EP or al ternatively, a single OSCP may  have a broader scope and 
be relevant to multiple activities with multiple EPs.  
 
(4) The operator shall  ensure that information available to responders is adequate and relevant for the 
particular activity and  that the submission as a whole, which may be comprised of multiple documents, 
addresses the requirements of the Regulations.  
 
104. Contents of OSCP  
(1) T he OSCP shall clearly address the following - 
 
(a) the operating procedures to prevent oil spills;  
 
(b) the control measures to prevent a spill from reaching navigable waters; and  
 
(c) the counter measures to contain, clean up, and mitigate the effects of an oil spill that reaches 
navigable waters.  
 
 (2) Every oil spill contingency plans shall include, at least, the following information - 
 
(a) an analysis of the risk of oil spills which may occur as a result of the activity covered by the 
plan;  
 
(b) identification of possible s cenarios of oil spill incidents classified according to the Tiered 
response concept;  
 
(c) identification of all the areas and activities which may be impacted by the identified oil spill 
scenarios;  
 
(d) the oil spill response strategy identified for the various sc enarios, covering incidents since 
Level I through Level 3, as appropriate and the choice of the strategy shall be based on the 
Net Environmental Benefit Analysis;  
 
(e) the alert and notification procedures;  
 
(f) the definition of the oil spill response organizatio n established to facilitate immediate initial 
response and control of incidents;  
 
(g) the description of the functions of the key positions in the organization of response;  
 
(h) inventory of the resources available for oil spill response operations including equip ment, 
supplies and services;  
 
(i) training program for the personnel involved in the response organization, including the type 
of training for each responsibility level;  
 
(j) a program of oil spill response exercise established in the plan, including the type of e xercises 
and their frequency, covering all types of exercises such as communications, planning, 
mobilization and every possible situation from Level 1 to Level 3; and  
 60 
 
(k) the storage procedures and final destination of the oil waste resulting from cleaning 
operations at sea and on the coast.  
 
(3) Each OSCP shall be unique to the specific facility, operations and location.  
 
(4)  The operator, owner of a facility or responsible person shall have detailed knowledge of the facility, 
including the location and cap acity of oil -based storage, and the potential effects an oil spill could have on 
the area environment and natural resources before developing an OSCP.  
 
(5) Each OSCP, while customized to the facility it covers, shall include standard elements to ensure 
compliance with National OSCP and these Regulations.  
 
(6) OSCP standard elements referred to under subregulation (4) include - 
 
(a) the discussion of the facility‘s conformance with applicable OSCP requirements;  
 
(b) the description of the facility‘s physical layout and a facility diagram that indicates the locations of 
oil storage and handling;  
 
(c) the general facility description including name, function, and drainage patterns;  
 
(d) the description of oil storage and handling areas;  
 
(e) the discharge prevention measures inclu ding procedures for routine handling of products;  
 
(f) the designation of OSCP responsibilities, including a spill coordinator;  
 
(g) the description of spill events in the previous 12 months;  
 
(h) the analysis of potential spill scenarios, including predictions of dir ection, rate of flow, and total 
quantities of oil that could be released;  
 
(i) the description of spill containment and drainage control structures and equipment for oil storage and 
handling facilities;  
 
(j) the description of spill emergency response equipment;  
 
(k) the description of spill notification procedures;  
 
(l) Oil Spill Contingency Plan describing spill response and clean -up procedures, including coordination 
with local authorities and spill response contractors;  
 
(m)  the spill prevention plan, including inspection  and monitoring program, tank integrity testing 
procedures, fail -safe engineering controls to prevent overfills, preventive maintenance and 
housekeeping procedures, formal spill response training and exercises and security measures;  
 
(n) the documented review and update of procedures every five years;  
 
(o) the certification that a Substantial Harm Analysis has been conducted and that the facility is either 
not subject to Facility Response Plan (FRP) requirements or that an FRP has been completed;  
 
(p) the Professional Engineer (PE) certification or self -certification for qualified facilities; and  
 
(q) management approval.  61 
 
 
105.  Interface with other documents (Guidelines)  
(1) The OSCP shall  identify which plans it interfaces with, use language and terminology that is compat ible 
with those plans and demonstrate how the response of the operator, facility owner or responsible person  
shall  integrate with those other plans . 
(2) The Plans  and other relevant documents to be considered may include - 
(a) environment plan and scientific mo nitoring plans;  
 
(b) company crisis management plan, management systems and company procedures;  
 
(c) the National Plans; and  
  
(d) regional or local plans.  
 
106. Supporting information  
(1) The submission of OSCP shall include sufficient information to support asser tions in - 
 
(a) the haz ard and scenario identification;  
 
(b) the oil spill com ponents of the risk assessment; and  
 
(c) the demonstration that risks have been reduced to a s low as reasonably practicable  and support 
the conclusions and strategies defined within the OSCP.   
 
(2) The conduct of scientific surveys, risk assessments, oil spill trajectory modelling, toxicity tests, and 
technology reviews and literature reviews, may support these assumptions  under subregulation (1) .  
 
(3) The operator, the owner of a facility or  responsible person may not provide s ome information in  detail 
within the OSCP document itself  but shall  demonstrate that relevant information is available in appropriate 
formats.  
 
(4) Information that may be stored separately to the OSCP may include -  
 
(a) the environmental GIS Data  including physical and biological;  
  
(b) the operator management systems, procedures and forms;  
  
(c) the existing contractual arrangements  including  waste manageme nt, catering, logistics, supply or  
transport;  
  
(d) human resources ,compet ency registers and contact lists; and  
  
(e) a detailed scientific reports that support the oil spill components of the risk assessment.  
 
107. District/ Regional  Oil Spill Contingency Plans  
All the districts of Uganda  that may be exposed to the consequences of  oil spill events as a result of 
activities in its territory shall establish and keep updated contingency plans that protect the environment of 
the district  and are aligned with the requirements of the National Contingency Plan and other applicable 
laws. 
 
 62 
 
108. Approval Procedures of Oil Spill Contingency Plans  
(1) The approval of the National  Oil Spill Contingency Pla n and  the local government/Regional Oil Spill  
Contingency Plans shall  compl y with NEA and the Petroleum (Exploration, Development and Produc tion) 
Act, 2013 and  the Petroleum (Refining, Conversion, Transmission and Midstream Storage) Act, 2013 and 
these Regulations.  
 
(2) The Oil Spil l Contingency Plans of the oil exploration and p roduction facilities , midstream operations 
and the plans of the o il handling facilities shall be approved by the Ministry of Energy and Mineral 
Development in accordance with these R egulations.  
 
109. Training Programs  
(1) All the person nel of the government agencies that may be involved in the oil spill response operati on 
shall be properly trained.  
 
(2) The preparation of the training program is the responsibility of the National Oil Spill R esponse 
Committee, and shall  comply with the principle of ―t raining of instructors‖  developed by NEMA/PEPD . 
 
(3) The training progra m shall  start with the formation of members of the National Oil Spill Response 
Committee who participate in the preparation for oil spill response operation and the members of the 
National Incident Command team who have operational responsibilities in a sp ill incident.  
 
(4) A team of instruct ors shall be selected among the  personnel of the National Oil Spill Response 
Committee and it shall be responsible for the long term training program, of other bodies of the Uganda n 
government.  
 
(5) The  team of trainer s shall  receive initial training and shall  prepare the training courses for Ugandan 
citizens.  
 
(6) In order to ensure the establishment and maintenance of the international training standard, all the 
development actions shall be based on programs of the In ternational Maritime Organization (IMO) and 
carried out by qualified training organizations.  
 
110. Program of exercises  
(1) The oil spill response exercises shall be used to  raise awareness of all the participants about the oil spill 
and ensure the mainten ance of an adequate level of preparedness for all the parties involved.  
 
(2) The preparation and monitoring of the program of exercise shall  be undertaken by  the National Oil Spill 
Response Committee.  
  
(3) The National Contingency Plan  shall identify  four categories of exercises.  
111. Minimum Response Requirements  
 (1) Response arrangements shall be based  on an expectation that they shall  be relevant to the characteristics 
of the oil pollution, the prevailing  conditions, geographic location and environment al sensitivities.  
 
(2) Where the nature of the produced hydrocarbons is already known it may be acceptable to provide 
targeted response provisions based upon knowledge of the hydrocarbon type as detailed in the installation 
hydrocarbon inventory.   
 
(3) Where the reservoir area is unexplored , a different level of response provision shall  be required to deal 
with the potential for an oil pollution incident involving unknown hydrocarbons until such time as the 
characteristics of the hydrocarbons being produc ed may be assessed.  
 63 
 
(4) Minimum response requirements for oil pollution incidents from exploration and production activities to 
determine the minimum response times and levels required for both dispersant capability and aerial 
surveillance.   
 
(5) Respons e time may be  counted from the time the incident occurred or was discovered.  
 
(6) Where the  dispersibility of hydrocarbons cannot be demonstrated , other strategies shall  be identified to 
ensur e an effective response and  may include measures for containmen t and recovery.   
 
PART VII - RESP ONSE STRATEGY AND IM PLEMENTATION  
112. Response Strategy (guidelines)  
 (1) The  response to an oil pollution incident may depend on - 
 
(a) the quantity of oil dis charged to environment , the type of oil;  
 
(b)  the loc ation of the pollut ion incident;  
 
(c)  the wat er depth, the distance to shore;  
 
(d)  the p revailing weather and tides;  
 
(e)  the time of day or year, the enviro nmental sensitivity of the area;  
 
(f)  the organisat ional structure of the operator;  
 
(g)  the availability and adequacy of equipment ; and 
 
(h)  the level of training of personnel.  
 
(2) Response strategies shall be developed and included within the OPEP according to the Tiered level of 
response under regulation…… taking into account the installation hydrocarbon inventory, worst case oil 
pollu tion incident scenarios and the potential impacts on environmental sensitivities and this may include a 
response strategy flow diagram.   
 
(3) The operator shall provide details of the response strategy to conduct an effective and early intervention 
to pro tect the environment in the event of any liquid hydrocarbon release, including robust and location -
specific arrangements based on the outcome of the modelling and the predicted environmental and socio -
economic impacts.   
 
(4) The information provided under  subregulation (2) shall include details of the pollution prevention and 
response equipment that the operator maintains or intends to access for deployment in the event of a release, 
or a potential release, and the time that it would take to deploy that eq uipment.  
 
(5) The response strategy shall include source control measures to prevent further release or escalation of 
release and this may include measures that would be taken to stop the worst -case release of liquid 
hydrocarbons from the reservoir, and an  estimate of the maximum duration of the release.   
 
(6) The duration of the release may be a function of natural cessation related to the nature of the 
hydrocarbons and well flow characteristics, but shall normally be the time taken to implement appropria te 64 
 
measures to stop or control the release including use of a capping or containment device, and the time taken 
to drill a relief well.  
 
(7) Where appropriate, details of plans to implement the capping of a well and the drilling of a relief well to 
totally  isolate the original well shall be included, to demonstrate that there is adequate planning or provision 
in place for these eventualities.  
 
(8) The preferred response option may be described as follows - 
 
(a) source control shall be prioritised where possible to stop any release, prevent further release or 
escalation, or to contain released oil;  
 
(b) for incidents including well blow out where there is a continuous release in to the marine 
environment capping and containment devises and relief wells may be the pref erred response 
option;  
 
(c) where oil enters the water  environment and there is the option not to intervene in an oil pollution 
incident either because it is small or a great distance offshore and likely to dissipate naturally 
before causing any significant i mpact on the environment, then the preferred course of action is 
to monitor and review the situation; and  
 
(d) where the oil persists  or weather into a persistent residue and may impact on the water body or on 
an environmentally sensitive resource, then inter vention shall be considered.  
 
(9) The operator may use chemical dispersants to disperse the oil and containment and recovery of oil may 
be necessary if the oil shall not disperse.  
 
(10) Any release of oil shall only be based on the available response res ources offshore.   
 
(11) Any response strategy that are not immediately available to the operator including additional dispersant 
spraying capacity, spill containment and recovery equipment, well capping and containment devices or  
equipment that may be re quired to drill a relief well, but can be accessed if required, shall be clearly 
identified and a timescale provided for provision of the relevant resources.    
 
(12)  The oil pollution incident response strategy selected shall depend on the knowledge of t he oil pollution 
incident , the quantity and type of the oil released, the transport, trajectory and fate of the released oil and the 
presence of sensitive receptors and each response is, therefore, unique and varies with the nature and 
circumstances of the  incident.  
 
(13) The aim of a response strategy shall  minimise the severity of any impact on environmental sensitivities 
and to hasten the recovery process and return to normality.  
113. Response Tiers (merge with earlier)  
(1) Oil pollution incidents shall be classified according to the response levels they are most likely to require 
and not the volume of oil pollution, unless this is supported by a location specific risk assessment for 
example, if a pollution incident requires the use of resources from a regional centre, this would be used to 
classify the necessary response level, irrespective of its size.  
 
(2) Where in doubt  of which classification to use , a default principle of over -classification is more desirable 
than under -classification and escalati on. 
 
(2) For consistency with the NCP, the following Tier definitions apply - 
(a) Tier 1  or local within the cap ability of the operator on site ; 65 
 
 
(b) Tier 2  or regional , beyond the in -house capability of the operator;  or  
 
(c) Tier 3  or National requiring national reso urces.  
 
(3) The operator, owner of a facility or responsible person  shall  seek to develop their response capability in a 
way that allows any response to be escalated from Tier to Tie r in response to an escalating or diminishing  
situation.  
 
(4) The OPEP shall identify response arrangements according to Tier and the company‘s credible worst -case 
scenarios.  
 
(5) A Tier 1 response  shall be  the lowest response level which requires resources to be available locally  at 
or near the incident site which can be deplo yed as quickly as operational circumstance allow and d epending 
on the characteristics of the oil this may or may not include the use of dispersants.  
 
(6) A Tier 2  shall be for larger pollution incidents where local resources may be insufficient to deliver  a 
proper response  and may require resources from a regional centre shall  be required  and the requirement for 
Tier 2 response is that operators are expected to have th e capability  to mobilise and apply the resources 
within 2 to 6 hours of an oil pollution incident . 
 
(7) A Tier 3  shall be f or very large pollution incidents which may require  resources to be supplied from 
national and international sources  and operators are expected to have this capability mobilised and applied 
within 6 to 18 hours of an oil p ollution incident . 
 
114. Oil Quantity Estimation  
(1) The operator shall, a lthough oil pollution incidents  are classified according to the response levels , 
estimate the quantity of oil discharged to environment .  
 
(2) Where possible operational or productio n information shall  be used to measure or calculate the quantity 
of oil discharged  and w here this is not possible the BAOAC  shall  be used in conjunction with the visual 
appearance of any oil on the environment  to estimate the quantity of oil discharged to the environment . 
 
115. Survey and Monitor  (guidelines)  
(1) Where oil pollution is not an immediate threat to environmental sensitivities and surveillance and 
modelling predicts that the oil shall  disperse prior to reaching a water body  or any environmental  
sensitivities, the most appropriate response method may be to allow it to disperse naturally.  
 
(2) Where the oil is dispersing naturally then it shall  continue to be surveyed and monitored to confirm the 
oil is diminishing, to track its course and ensure any changes to the nature of the oil do not alter its likely 
impact.    
 
116. Chemical Dispersion  (guidelines)  
(1) Chemical dispersant use is generally inappropriate in shallow sheltered waters, in water depths of less 
than 20 metres and in waters extending  up to 1.15 miles  or on refined oil products such as diesel, gasoline or 
kerosene which shall  disperse naturally prior to reaching the coast or any sensitive environments.  
 
(2) The use of chemical dispersants shall , therefore, be dependent upon several fa ctors including the  quantity 
of oil, oil type, and temperature  of the environment , time of year, prevailing weather and environmental 
sensitivities.  
 
(3) The objective for any oil pollution incident response is to take the most appropriate action to minimi se 
the impact on the environment.  
 66 
 
(4) In determining whether the use of a chemical dispersant is an appropriate response strategy , the operators  
shall  make a judgement between the environmental impact caused by the use of chemical dispersants and the 
likely consequences of allowing any oil to disperse naturally. Error! Reference source not found.  
 
(4) The operator  shall  satisfy himself  that the reservoir hydrocarbons are likely to be amenable to disper sant 
treatment, if identified  as a componen t of the response strategy and where prior testing of dispersant efficacy 
is possible, it shall  be undertaken in accordance with the MMO guid elines . 
(5) Where  dispersant treatment is identified as a potential component of the initial response, the OPEP shall 
confirm the type and quantity of dispersant held  by the operator .   
(6) Where the type of dispersant is critical, because of the nature of the reservoir hydrocarbons, this shall  be 
clearly stated and available sources identified in case the stocks need to be replenished or the standby 
vessel /vehicle  has to be relocated for any reason.    
(7) Where  the stand -by vessel is replaced, provision shall  be made to maintain the dispersant response 
capability detailed in the OPEP.  
(8) Just because dispersant is av ailable does not mean that it shall  be used  
117. Dispersant Product Approval   
The operator, facility owner or responsible person shall only  products that  have been approved fo r use in the 
Uganda  for the treatment of oil.  
 
 
 118. Dispersant e fficiency  
(1) The operator shall  assure  himself or herself  that the dispersants they use remain effective against the 
potential products which might be discharged from their installation, taking into account possible alterations 
in oil properties as a result of ageing or  additional fields.  
 
(2) Where installations handle a number of different oils, combined in changing percentages, justification 
that the selected strategies shall  be effective, shall  be provided within the OPEP.  
 
(3) When OPEP‘s are submitted for re -appro val every five years , the operator  shall  confirm the efficacy of 
the dispersant in use and if the oil properties remain the same as that during previous tests, further testing is 
not required, provided it can be demonstrated the oil properties remain the s ame.    
 
(4) Existing stocks of dispersants shall  be tested for efficacy every 10 years if they remain within an 
unopened container.  
 
(5) Where the  container is opened then testing is required every five years  and f ull details on this procedure 
can be foun d in the MMO Approval and use of Oil Dispersants in Uganda . 
 
118. Dispersant Use   
Approval  from the licensing authority  is required  for any use of dispersant at sea in the following areas - 
 
(a) in water depths of less than 20 metres; and  
 
(b) in waters extending u p to 1.15 miles beyond  the 20 metre  from the shoreline .  
 
119. Force Majeure   
Where there is a risk to human life or to the safety of an installation or vessel, for example a danger from 
fire or explosion approved oil dispersants may be used without prior consultation.  
 67 
 
120. Dispersant Application  (guidelines)  
(1) Chemical dispersants may be ap plied/sprayed from either  vessels / vehicles or helicopters or fixed wing 
aircraft.  
 
(2) When using both vessel and airborne systems  the operator shall  guide the sp raying equipment into the 
thickest patches of oil using aerial surveillance aircraft.  
 
(3) All personnel with responsibilities for dispersant application shall  be suitably trained and if standby 
vessels form an element of the proposed response plan, regul ar auditing shall  be carried out to ensure its 
response commitments can be met.    
 
121. Containment and r ecovery (guidelines)  
(1) An offshore containment and recovery response is generally regarded as a less effective means of 
responding to an oil pollutio n incident in open water environments.    
 
(2) However, when the oil is not amenable to dispersant or when the oil threatens environmental 
sensitivities, the OPEP shall  contain a credible containment and recovery strategy unless it is clear that the 
oil is  likely to be removed by natural processes.  
 
(3) When developing a containment and recovery strategy, environmental sensitivities and response times, 
shall  be taken into account.    
 
(4) The OPEP shall  contain - 
(a) the procedures for response initiation, impl ementation and close out;  
 
(b) the estimated resource mobilisation and deployment times; and  
 
(c) the contact details for contracted containment and response resources.  
 
(5) Where containment and recovery is to be provided  by a contractor , evidence of contracts, w ith 
companies providing oil pollution incident resources shall  be included within the OPEP application in a 
separate Justification Document for approval  by NEMA/PEPD?   
 
122. Capping Devices  
(1) Where the use of a capping device is identified as a pote ntial control option, the operator shall  have 
suitable arrangements in place to implement such a response.   
 
(2) The capping device shall  be suitable for the subject well so that the capping device  can be deployed to 
attach to the well structure and can be use d under the expected well pressure, and the source shall  be 
confirmed, including details of the nature of any contractual arrangements in place and relevant contractor 
contact details.  
 
(3) The OPEP shall  also include relevant operator contact details, co nfirming who is responsible for securing 
the device and implementing the necessary arrangements for deployment in the event of an incident.   
 
(4) Where    operators and their  contractors have specific source control plans relating to th e use of capping 
devices, the plans shall  be referenced in the OPEP.  
 
(5) The OPEP shall  provide a clear breakdown of the anticipated timetable to take d elivery of the equipment,  
to transport it to the well site, and to assemble, test and deploy the equipment to stop the flo w from the well.   
 
(6) The breakdown timetable referred to under subregulation (5)  shall  inform the interim response and allow 
assessment of potential impacts during that period pending cessation of the release.  
 68 
 
123. Relief Wells  
(1) Where drilling a rel ief well is identified as a potential control option, the operators shall  provide details 
of their plans to initiate the management of such an operation, including details of the operator contacts 
responsible for initiating the relief well plan, and contac t details of any contractor involved in the operation.   
(2) Where relevant, confirmation shall  be provided of any communication or contracts with third party 
providers, so that the response personnel are aware of the equipment and personnel that may be av ailable 
and how to proceed to access those resources.  
(3) NEMA may not expect operators to have a contract in place for the provision of an alternative drilling 
unit, but there shall  be a plan in place to source an alternative drilling unit if one is requi red.   
(4) The OPEP shall  include details of any alternative drilling units  or potential sources that have been 
identified, and confirm whether a specific type of the alternative drilling unit would be required  to drill the 
relief well.   
(5) W here relevan t, confirmation shall  be provided of any communication or contacts with third party 
providers, so that the response personnel know how to proceed to access an appropriate alternative drilling 
unit. 
(6) Where an incident requires  a relief well, the operator  shall  demonstrate that a relief well can be drilled in 
a timely manner.  
(7) The operator shall  confirm that - 
(a) sufficient finance, insurance or  indemnity provision is avai lable to cover the eventuality;  
(b) consideration has been given to relief well design;  
(c) procedures are in place to implement a relief well management plan, supported by relevant 
specialist personnel; and  
(d) consideration has been given to sourcing a rig in the event that the facility drilling the primary 
well is not available.  
(8) The OPEP shall also provide a cle ar breakdown of the timetable - 
(a) to source a n alternative drilling unit including provision for suspe nsion of any current operations;  
(b) to relocate the alternative drilling unit to the relief well site;  and 
(c)  to drill the relief well and ki ll the original well.  
124. Response Initiation  
(1) Responsibility for any oil pollution incident response lies with the operator in liaison with regulators and 
government.  
 
(2) The OPEP shall  include formal procedures and details of the resources in place  for initiating oil pollution 
incident response arrangements at all Tier levels.   
 
125. Response Roles and Responsibilities  (Guidelines)  
(1) Roles and responsibilities for key personnel involved in a response operation, from initial oil pollution 
identifi cation to response initiation, implementation and close out, whether offshore or in the onshore 
emergency response centre, shall  be clearly detailed in the OPEP.  
 
(2) Procedures for initiating pollution response contractors and clear reporting and notific ation procedures 
shall  also be included in the OPEP .    69 
 
 
(3) Checklists and flowcharts may be compiled by Tier for  the different emergency levels or per role for key 
personnel and d etailing roles or positions, rather than the names of individuals, reduces the need for regular 
updates to OPEP‘s.    
 
(4) Where 3rd party tie -backs exist operators shall  agree who takes the lead for oil pollution incident 
response and the agreed roles shall  be clearly defined within the relevant OPEP.  
 
(5) The OPEP shall  include , but is not limited to,  the following response actions - 
 
(a) an operations plan on how to initiate response actions, on a ―who does what, when‖ basis;  
 
(b) a system of notification to regulators and other statutory bodies;  
 
(c) a system of notification for operations  staff and contractors. Only emergency contact and 
procedural response details for the pollution response contractor are required within the OPEP; 
and 
 
(d) proceed  
 
(e) procedures  for estimating oil quantity; and sampling of oil.  
 
(6) The primary responsibility fo r initiating an oil pollution incident response lies with the operator and the 
OPEP shall  contain emergency contact and procedural response details for any pollution response 
contractor.    
 
126. Oil Pollution Incident Reporting  
(1) Every oil and chemical pollution incidents shall  be reported in accordance with the guidelines issued by 
NEMA/PEPD .  
 
(2) An operator  shall , assess any potential t ransboundary impact and notify regulatory NEMA/PEPD  in 
accordance with the existing notification requirements.    
 
127. Other requirements  
(1) An operators shall  have facilities and personnel available to work alongside their existing Emergency 
Response Centre (ERC) to accommodate the SOSREP and his associated team in an Operations Control 
Unit (OCU) which may be set up as a result of a pollution incident involving an offshore installation.   
 
(2) The OPEP‘s shall  include arrangements to reflect the potential involvement of the SOSREP and his 
team.      
128. Personnel  (guidelines)  
(1) OPEPs shall  identify the Emergency Oper ations Manager (EOM) and  the Operator‘s Representative or 
representatives who would attend the OCU and it shall  be noted that the same person cannot fulf il both roles 
in an active OCU .   
 
(2) Details of the personnel positions and, if considered necessary,  the personnel names shall  be included, as 
it is insufficient to state ―a senior member of the company or similar shall  undertake the role‖ and the 
personnel shall  nevertheless be sufficiently senior to make decisions on behalf of the company.  
 70 
 
(3) For cer tain operations, such as drilling undertaken using a n alternative drilling unit,  the response 
arrangements may necessitate that the EOM  and Operator‘s Representative or r epresentatives) are 
employees of the alternative dr illing contractor, and this shall  be clearly stated in the OPEP.  
 
(4) The EOM and  the Operator‘s Representative or Representatives , and other relevant response personnel, 
shall  be suitably trained, as detailed in the OPEP guidelines , and be aware of the expectations and 
requirements when pa rticipating in or supporting the OCU.  
129. Roles and Responsibilities  
The roles and responsibilities of the Emergency Operations Manager and the Operator Representative shall  
be included within the OPEP.  
 
PART VIII - EMERGENCY RESPONSE PROCEDURE  
 
130. Respo nse procedures and Oil Spill Countermeasures   
(1) Any person responsible for an unauthorised spill of oil or the facility owner from or at which an 
unauthorised spill of oil has occurred shall be liable for that spill and shall as soon as that person  has 
knowledge of the discharge - 
  
(a) inform the Authority or the lead agency in the District of the location of the spill and as 
much as is known  of the extent of the situation; and  
 
(b) undertake all necessary and reasonable actions to abate, contain, and remove pol lution 
occurring or likely to occur as a result of the spill.  
 
(2) Where  the persons responsible or in charge are unknown or appear to the Authority o r any other lead 
agency to be  unable to abate, contain or remove pollution occurring or likely to occur as a result of the 
discharge, in an adequate manner, the Authority or any other lead agency may abate, contain or remove 
pollution occurring or likely to occur as a result of the discharge and may contract with and appoint agents 
who shall operate under th e direction of the Authority or any other lead agency to abate, contain or remove 
pollution occurring or likely to occur as a result of the discharge.  
 
(3) Any person or discharge cleanup organisation that renders assistance in abating, containing or remov ing 
pollution from any unauthorised discharge of oil may receive compensation from the Fund provided for the 
National Environment Management Act, provided that the Executive Director of the Authority or any other 
designated lead agency approves that compen sation prior to the assistance being rendered.  
131. Emergency Response Procedures  
(1) Operators shall  demonstrate where the OCU fits into the company‘s Emergency Response Management 
structure.  
 
(2) Roles and responsibilities of key personnel within the oi l pollution incident emergency management 
team shall  be identified.  
 
(3) For each of the  roles  under subregulation (2) , the communication routes between the OCU and ERC shall  
be described, to ensure effective communications with the SOSREP.  
 
(4) The Repr esentative of the operator shall  be required to liaise between the ERC and the OCU and shall 
have sufficient knowledge to respond to questions posed by the SOSREP.  
 
(5) Briefings shall  be required at regular intervals to update the OCU of the current situ ation  or 
developments.  
 71 
 
(6) Communications, roles and responsibilities shall  be tested and reviewed through exercises as provided in 
regulation….  
 
132. Location of OCU  
(1) The proposed location and the facilities  of the SOSREP OCU shall  be identified in t he OPEP which shall  
be inspected by NEMA  personnel before approval is given under the EPC Regulations.   
 
(2) Only one OCU location shall  be identified, as the SOSREP and his team require clear instructions about 
where to convene in the event of an inciden t.   
 
(3) If an operator considers that it necessary to include alternative locations, prior approval shall  be sought 
from NEMA .   
 
(4) If an operator wishes to relocate the OCU, or amend the facilities provided, the Offshore Environmental 
Inspectorate shall be contacted at the earliest opportunity.  
 
(5)  If the alternative proposals are acceptable, the operator shall  subsequently be required to submit an 
update of the OPEP prior to EPC approval.  
133. EPC Exercise Requirements  
(1) Production operators shall conduct one exercise involving the SOSREP, to include the establishment of 
an OCU, every five years or within 12 month of becoming a production operator.  
 
(2) The timing for these shall  be agreed at the SOSREP‘s or  delegated person‘s  visit to each opera tor.   
 
134. Training and competency Requirements  
(1) Personnel with responsibility for oil pollution incident response shall  be competent, both in oil pollution 
incident response and in the use of their OPEP.  
 
(2) PEPD O il Pollution Incident Response Tra ining Guidelines for the for the oil and gas industry  shall  be 
followed as a minimum standard.  
 
 
135. Exercise Requirements  
(1) Oil pollution incident exercises shall  be conducted to test that the OPEP contains sufficient arrangements 
to respond to an oil pollution incident and that staff are familiar with OPEP procedures, in particular 
individual roles and responsibilities and reporting requirements.  
 
(2) Lessons learned from those exercises shall  be used to improve the response strategy, response 
arrange ments, the OPEP and future exercise programmes.  
 
(3) A programme of oil pollution incident exercises shall  focus on different aspects of the response strategy 
thus encouraging understanding of and familiarity with the OPEP.    
 
(4)  In addition to the req uirements within the table it shall  be noted that for new operations, for example 
new or newly acquired installations or new drilling contracts  or locations, an offshore oil pollution incident 
exercise shall  be conducted at the earliest opportunity for all  shifts.   
 
 (6) Details of the operator‘s training and exercise commitments shall  be included in the OPEP, Exercises 
conducted shall  be specific to the subject OPEP, and previous exercises in relation to other OPEPs shall  not 
be taken into consideration.   
 72 
 
(7) This shall  be particularly relevant in the case of MoDU operations, where the exercise requirement shall  
be related to a specific OPEP and a specific well.  
 
(8) In all cases, operators shall  have systems and procedures in place to ensure that appro priate training is 
provided and maintained, and that the required exercises are completed.  
136. Offshore OPEP Exercise  
(1) The aim of this exercise is to ensure that offshore personnel are familiar with their OPEP and associated 
responsibilities.  
 
(2) The  scenario chosen shall  activate and test response in accordance with the OPEP.  
137. Offshore Deployment of Tier 1 Dispersant Spraying Equipment  
(1) Where  included in the OPEP as part of potential  response strategy Tier 1 dispersant spraying equipment 
shall be tested at monthly intervals or in accordance with manufacturer‘s  guidance if available.  
 
(2) The operator shall test the  spraying equipment not the dispersant.   
 138. Offshore Deployment of Tier 1 Oil Recovery Equipment  
Where included  in the OPEP a s part of a response strategy, Tier 1 recovery equipment shall  be tested and 
deployed annually.  
139. Onshore ERC Installations and Procedures  
(1) The aim of this exercise is to ensure that all personnel involved with pollution response are familiar with 
their OPEP and associated responsibilities.  
 
(2) The scenario chosen shall  be realistic leading to activation and therefore testing of the OPEP to at least a 
Tier 2 level.  
 
(3) This shall  involve exercising the communication interfaces between onshore ERC  and offshore ERC and 
include any contracted response provider.  
 
(4) Where exercises  are combined with a safety exercise the scenario chosen shall  meet the above 
requirements.   
 
140. Installations producing oil  
(1) For every new  production operation , OPEP ‘s shall  be tested within 12 months of the approval.  
 
(2) The timing for the review shall  be agreed with NEMA/PEPD .  
 
(2) Existing production operators shall  conduct one exercise involving the SOSREP, to include the 
establishment of an OCU, every five yea rs.  
 
141. Installations producing gas or gas condensate  
(1) An operator  of gas installations is required to attend a workshop ran jointly by the PEPD and NEMA  in 
order to satisfy the exercise requirements under these Regulations .   
 
(2) The workshop under  subregulation (1) shall  be held every five years and the  gas ope rators attending the 
workshop shall  be deemed to have satisfied the exercise requirements under these Regulations .  
 
(3) The operator  shall  be notified by  PEPD/ NEMA when the workshops shall  be held.  
 73 
 
(5) NEMA/ PEPD shall determine  on a case by case basis and operators who wish to attend the workshop 
shall  contact NEMA/PEPD  confirm their eligibility.  
 
(6) An operator who  does not attend a workshop shall  be required to hold an exercise.     
142. Industry Deployment of Tier 2/3 Oil Response Equipment (guidelines)   
(1) Operators shall  ensure that their Tier 2/3 oil response equipment and resources are tested and deployed 
every five years.  
 
(2) It is recognised that many operators utilise the same response company and therefore each response 
company need only be tested once in every five years on behalf of each operator holding a contract with 
them.   
 
(3) Results of the test shall  be collated by the operator undertaking the exercise and feedback and  learning 
shall  be shared with other operators contracted to the same response company.  
 
(4) NEMA/PEPD shall  be made aware of exercises taking place and be provided with a copy of the final 
exercise report.  
143. Recording of Exercises  
(1) A record of all  exercises undertaken by the operator shall  be maintained at the location where the 
exercise was conducted either on or offshore.  
 
(2)  The r ecords referred to under subregulation (1) shall  include exercise scenario, aims of the exercise,  
lessons learnt an d actions put in place in response to the lessons learnt.  
 
(3) The r ecords  kept under this regulation  shall  be retained for five years and be made available to 
NEMA/PEPD  during inspections or exercises.  
 
144. OPEP content and layout  (Guidelines)  
(1) When the operator has  gathered all the information r equired to produce its OPEP , the operator may 
format the  plan in any manner to suit its  own operational requirements.  
 
(2) An operator shall write  the OPEP which is an operational response document in  a manne r to aid the end 
user to quickly gather and assess information and determine and implement a suitable response strategy.   
 
(3) As users of an OPEP shall  be trained and familiar with its content and application it is unnecessary to 
include ‗text book‘ type  background information and descriptions on subject areas which may have little 
value during an actual response event.    
 
(4) An operator  may decide to have an OPEP combining both offshore and onshore response arrangements 
or alternatively have a separate document for each installation plus one onshore response plan.  
145. Combined Offshore and Onshore Plan  
(1) One OPEP document may cover the oil pollution incident response associated with an operators 
combined offshore and onshore response activities.  
 
(2) Where  an operator decides that one OPEP is best to manage the  response arrangements , the operator 
shall  ensure that procedures differentiating between offshore and onshore response arrangements are clearly 
defined, easily located and understood.    74 
 
146. Separate Offshore and Onshore Plans  
(1) An operator  may decide to have a separate OPEP covering onshore response arrangements together with 
an installation specific offshore plan, or plans, which concentrate and focus on the response actions which 
can be i mplemented offshore.  
 
(2) The separation method  under subreugulation (1)  allows the offshore installation OPEP to contain 
information which is only relevant to offshore roles, responsibilities and resources allowing a slimline 
offshore OPEP to be produce d. 
 
(3) The roles , responsibilities and response procedures during an oil pollution incident shall  differ according 
to location.  
 
(4) The actions taken offshore are limited to identifying and minimising the discharge, reporting of the 
incident, and respon ding to the incident using local resources.  
 
(5) The onshore response  shall involve  managing and responding to the incident and may involve 
management and mobilisation of regional and national resources.  
 
(6)  Where an  operator decides to have a separate  offshore OPEP, it shall  have a consistent approach to the 
onshore plan and both documents shall  be cross -referenced and work in tandem.  
147. OPEP Content  
(1) Th is regulation  provide guidance on what shall  be contained within an OPEP and a suggested order  in 
which information can be presented.  
 
(2) An operator  may wish to alter the order referred  to under subregulation (1) to take account of their own 
specific response arrangements and requirements.  
 
148. Outside  Front Cover  
(1) The outside front cover of  the OPEP shall  clearly state the name of the operator and the installations 
covered within the scope of the OPEP.  
 
(2)Where the  OPEP is provided in a ring binder the spine of the binder shall  also state this information 
where possible.  
 
149. Installatio n Diagram  
(1) Diagrams  showing the locality of the installation including but not limited to i nstallations, tie -backs, 
structures, pipelines and the boundaries of the OPEP shall  be included on the front page of the plan  in a clear 
and legible  manner .  
 
(2) Where there are separate or associated OPEP‘s covering linked infrastructure  such as installation plan,  
pipeline plan and onshore terminal , each  plan shall  clearly identify the boundaries for that plan and ensure 
that procedures differentiating between ea ch plan are clearly defined, easily located and understood.    
 
150. Installation Details  
(1) As a minimum , the installation detail s hall include the operator,  latitude and longitude of the installation, 
the block  number; d istances to nearest to other Int ernational borders,  water depth; hydrocarbons produced; 
hydrocarbon inven tory; if the field/well is HPHT and oil  pollution incident response resources available 
offshore.  
 
(2) The operator shall include other information it believe  shall  aid an end user t o quickly establish and 
identify relevant installation information.    75 
 
 
(3) The information under subregulation  (2) may be best represented in a table to allow easy reference for 
any OPEP user.   
 
151. Offshore Pollution Incident Reporting  
(1) Details of ho w to report offshore pollution incidents from initial identification, through to installation 
staff with pollution response responsibilities and thereafter to response and regulatory authorities shall  be 
included.  
 
(2)  The information under subregulation  (1) shall  include internal and external communication requirements 
in additional to any legal reporting requirements . 
 
152. Oil Pollution Modelling  
(1) Details of how oil pollution modelling shall  be implemented during a pollution incident shall  be 
contai ned within the response section.  
 
(2) Information shall  include if the modelling would be carried out in -house or by a contractor.  
 
(3) Where the modelling is  to be carried out by a contracted organisation the information shall indicate how 
the operator  shall initiate the  modelling.  
 
(4) The OPEP shall  contain a pictorial summary of the results of oil pollution modelling undertaken when 
developing the plan.  
 
(5) The summary under subregulation (4) shall  show the estimated direction of movement of oil in relation 
to immediate locality and potential landfall.   
 
(6) Information detailing the model program and parameters used may be submitted as part of the OPEP 
application for approval, in a separate Justification Document .  
 
153. Aerial Surveillance  
The f ollowing information shall  be included - 
 
(a) contact details for contracted aerial surveillance provider;  
 
(b) procedures for aerial response initiation;  
 
(c) estimated resource mobilisation time; and  
 
(d) if the  service is provided by a contractor evidence of contracts, with companies providing oil 
pollution incident resources shall  be included within the OPEP application in the Justification 
Document for approval . 
 
154. Environmental Sensitivities at Risk  
(1) Assessment of environmental sensitivities at risk shall  be und ertaken following an oil pollution incident 
including the use of environmental sensitivity maps, visual assessment of the site or communication with 
relevant regulators/agencies/authorities.   
 
(2) Results of the  assessment under subregulation (1) shall  be taken into account when developing a 
response strategy.   
 
155. Chemical Dispersant  
(1) If chemical dispersants have been identified as part of the potential response strategy , details shall  be 
included within the OPEP of how these shall  be sourced and dep loyed.  76 
 
 
(2) Only the name or type , quantity and location of chemical dispersants that may be used during oil 
pollution incident response shall be included  within the OPEP.  
 
(3) The b ackground details of dispersant efficacy and testing shall  be required d uring the OPEP approval 
and shall  be contained within the Justification Document.   
 
156. Containment and Recovery  
(1) Where containment and recovery are part of the response strategy the following shall  be included - 
 
(a) procedures for response initiation, im plementation and close out;  
 
(b) estimated resource mobilisation and deployment times; and  
 
(c) contact details for contracted containment and response resources.  
 
(2) Where the containment and recovery is to be provided by a contractor, evidence of contracts, wit h 
companies providing oil pollution incident resources, shall  be included within the OPEP application in the 
Justification Document for approval . 
 
157. Emergency contact d etails (guidelines)  
(1) A list of emergency contact details shall  be contained within  the OPEP and shall  include contact details 
for regulatory authorities and external response organisations in addition to operators own internal and 
offshore emergency contact details.  
 
(2) The list shall  include contact details for installations or pipel ines within the vicinity to allow early 
notification of a disch arge event which may affect the installations or pipelines or  be as a result of  the 
installations or pipelines.  
 
(3) Where possible , emergency contact details shall  be listed on a single sheet within the OPEP to enable 
quick access and aid updating of contact numbers.  
 
(4)  Listing the name of the emergency role rather than individual names  shall reduce  the need for regular 
updates to OPEP‘s when staff changes occur.   
 
(5)  The c ontact details  under this regulation  shall  be regularly checked and updated to ensure their accuracy.   
 
158. Oil Pollution Incident Scenario and Hazard Identification  
(1) A concise  summary  of the worst case oil pollution incident scenarios and hazard identification shall be 
included  in the OPEP.  
 
(2) As a minimum summary shall - 
 
(a) contain a hydrocarbon inventory;  
 
(b) summarise the credible worst -case oil pollution incident scenario‘s on which the plan is based;  
  
(c) state the characteristics of the oils being handled;  
 
(d) summar ise the environmental sensitivities at risk; and  
 
(e) include the sensitivity data for the surrounding areas with the seasonal alterations.  
 77 
 
159. Data Directory  
(1) The data directory section of the plan shall  include information referenced within any response  flow 
chart to aid the user.  
 
(2) This may include but is not limited to  PON1 reporting forms and guidance, response resources and 
information sources such as sensitivity data for the surrounding areas, with the seasonal alterations 
(summary only); conver sion tables to allow conversion of units to aid reporting requirements for example 
barrels to tonnes;  
 
(3) The Bonn Agreement Oil Appearance Code guidance to assist in the quantification of oil; and oil 
coverage estimation charts.   
 
160. Training and Exe rcise Requirements  
(1) Details of training and exercise commitments, (see Sections 10, 11 and 12), shall  be included in the 
OPEP.  
 
(2)  They shall  highlight the levels of training required for response personnel along with refresher 
timescales and the freq uency and scope of OPEP exercise commitments.  
 
(3)  This shall  be placed towards the rear of the plan.  
 
161. Supplementary Information to OPEP  
(1) Operators are reminded that the OPEP is a response document.   
 
(2) If operators see a need for background or  supplementary information that is not directly associated with 
response this shall  be include in a separate supplementary information section at the end of the OPEP.  
 
(3) This may include background information for training purposes, for example regulato ry information.  
 
162. Justification Information  
(1) Only information required during an oil pollution incident response shall  be included in the final OPEP.  
 
(2) Supporting information shall  be submitted separately in a Justification Document  which may ai d the 
regulatory review and assessment process.   
 
(3) If applicable other regulatory applications e.g. submitted environmental statements may be referred to in 
order to prevent duplication of information.   
 
(4) The justification document shall  be reviewe d as part of the OPEP approval process but shall  not be 
included within the final OPEP.  
 
(5) The content of the OPEP justification document shall  be aligned with the scope of the OPEP, and details 
of the assumptions, calculations, models and impact assessm ents that have been used to develop the OPEP 
can be included in the justification document, so that only summary information directly pertinent to the 
response strategy is included in the OPEP.  
 
(6) The following list of examples is not exhaustive but illu strates the type of information that could be 
submitted as part of this Justification Document - 
 
(a) justification/discussion on the acceptability of the chosen response strategies in the OPEP;  
 
(b) background details on chemical dispersant efficacy and testing;  
 
(c) oil pollution modelling background information ; 78 
 
 
(d) wider information  on environmental sensitivities; and  
 
(e) evidence of contracts if aerial surveillance, containment and recovery services and contracted 
caps are provided by a contractor.  
 
(6) In all cases, ope rators shall  ensure that the information provided in the OPEP and associated justification 
document is consistent with related docu mentation, including well design or  engineering plans, safety risk 
assessments and relevant environmental applications.  
 
163. OPEP Submission  
(1) A paper copy of the OPEP, in its entirety, shall  be submitted to NEMA  for approval.  
 
(2) OPEPs shall  be submitted within a ring binder to facilitate inclusion of revisions and appendices.  
 
(3) An electronic version of the initial sub mission and the controlled copy is also required to be submitted 
along with the NEMA  submission sheet.  
 
(4) Operators shall  ensure that all amendments are pre -punched to fit the original binder.  
 
(5) Although paper copies of the OPEP are required an elec tronic/CD/DVD copy may be submitted at the 
same time and an electronic version of the OPEP may be placed on a company intranet site.  
 
(6) NEMA  shall  acknowledge receipt of OPEP submissions electronically within one working day.  
 
(7) The acknowledgement shall include a reference number for each plan, which SHALL  be used in all 
future correspondence to help expedite queries.  
 
(8) Prior to  the approval, an operator  shall  notify NEMA  as soon as they become aware of any changes to 
the proposed operations or da tes to allow NEMA  to manage any implications on the approval process  for 
instance  when spud dates are changed, operators shall  resubmit the page containing this information to 
NEMA  as soon as possible by email: quotin g the name of the installation,  pipelin e and the individual OPEP 
reference number in the subject box.  
164. Changes affecting existing OPEP  
(1) Where major changes occur that affect or could affect the validity or effectiveness of an OPEP, operators 
shall  either submit a new OPEP or amend the ex isting OPEP as soon as possible.  
 
(2) The submission shall  include the NEMA  OPEP submission cover sheet filled in appropriately.  
 
(3) Failure to do so may result in a delay in recording the OPEP.  
 
(4) Operators shall  submit all changes to NEMA  who shall  advise whether the changes are considered 
significant.  
 
(5)  Where changes are significant, NEMA , in conjunction with consultees, shall  decide whether 
resubmission, consultation or re-approval is required.  
 
(6) Th e decision under subregulation (1)  shall  be on a case by case basis  taking into consideration - 
 
(a) changes to infrastructure, response arrangements,  oil polluti on incident reporting structure,  
significant c hange in hydrocarbon inventory, environmental sensitivities,  location and timing;  and  
 79 
 
(b) change of ownership of facility  where substantial  change, re -approval required.  
 
(7) The new or amended OPEP shall  be approved prior to implementation of changes.   
 
(8) Operators shall  have systems and procedures in place to ensure that any updates to the OPEP a re 
communicated to all copyholders.  
165. Review  
(1) All approved OPEPs shall  be reviewed and resubmitted to all consultees no later than five years after the 
initial submission.  
 
(2) Operators shall  submit plans at least 2 months prior to the end of this period to ensure an approved OPEP 
remains in place. These OPEPs shall  be submitted as per section 15.1.  
 
(3) OPEP‘s are active documents that shall  be reviewed regularly and amended following any lessons learnt 
from oil pollution incidents or exercises and  updated regularly to reflect organisational changes.  
 
(4) OPE Ps prepared and accepted using OPEP Guidance issued in April 2009 of this guidance shall  remain 
valid until their original expiry dates.   
 
(5) The operator  shall  take account of worst case scen ario updates and new response provisions which 
reflect this version of the guidance and submit updates to their plans before their expiry dates  and n ew 
MODU or platform drilling operations shall  take account of the provisions of these Regulations . 
166. Quality Control  (Guidelines)  
(1) The final draft of the OPEP shall  be reviewed by senior operator personnel involved in the proposed 
activity, before it is submitted to NEMA  for review.   
 
(2) Operators can informally approach NEMA  to seek regulatory guidance  on the development of an OPEP, 
but once the review draft is submitted to NEMA  it shall  be listed on the NEMA  Oil & Gas website and 
copies shall  be released to enquirers upon request.   
 
(3) Quality control checks are therefore essential to ensure that the  content is accurate and that the OPEP is 
relevant to the nature of the installation, the proposed operations, the environmental sensitivities, the 
potential environmental impacts and the proposed response arrangements.   
 
(4) Information within different sections of the OPEP shall  be consistent with other environmental 
submissions relating to the same activity  for instance  with respect to well names and numbers, infrastructure 
details or  worst -case well blow -out flow rates.  
 
(5)  The operator shall not m ake submissions that have not been subject to a quality control check, and poor 
quality submissions shall  inevitably lead to a delay in the determination, and may lead to approval being 
withheld.  
 
(6) Where a submission I rejected due to poor quality , any  re-submission shall  also be subject to a further 
two month review period.  
 
(7)  An operator shall not ― cut and paste‖ information between OPEPs where  the information is not relevant 
or specific to the nature of the installation, the proposed operations, t he environmental sensitivities, the 
potential environmental impacts and the proposed response arrangements.   
 
(8) Cutting and pasting may  lead to errors when responding to incidents or to operators taking responsibility 
for actions and procedures that do not reflect their operations.  80 
 
 
(9)  Where abbreviations  are used, there shall  be a glossary of abbreviations appended to the submission, 
and if figures or tables are included, they shall  be legible, intelligible and clearly titled.  
 
(10) Figures shall  normally be included to display the modelling results and, where appropriate, figures and 
accompanying tables may also  recommended to clearly identifying  the infrastructure covered by the scope 
of the OPEP.  
167. Pre submission process  
(1) Prior to submission  to NEMA , the operator shall  consult UWA,…..  if the OPEP is for installations or 
installations in an environmentally sensitive area such as s pecial area of conservation or special protection 
area.  
 
(2) Failure to consult appropriately  prior to OPEP‘s subm ission to NEMA  may delay the granting of 
approval and result in the plan being returned to the submitting operator.  
 
168. Consultation and Approval  
(1) The final review drafts of the OPEP shall  be submitted to NEMA  as a ring -bound hard copy, to facilitate 
the inclusion of revision s; and in an electronic format by e -mail to …. or on a CD , so that redacted copies 
can be provided in response to requests from interested parties.   
 
(2) The OPEP shall  be accompanied by a completed submission cover sheet, which p rovides basic 
information on the scope of the submission and is used by NEMA  to assess any additional requirements 
prior to sign -off, including any inspection requirements.   
 
(3) NEMA ‘s OPEP submission cover sheet shall  be submitted with any OPEP applicat ion for amendment or 
review and provides a brief summary of the reason for the plans‘ submission, for example amendments 
made within the plan; five year review; new plan for full approval; amendment of plan, appendix to plan and 
controlled copy.  
 
(4) Where  the OPEP g uidelines  indicates that additional consultees are appropriate, copies of the OPEP shall  
also be forwarded to the appropriate bodies, and details of the additional consultation shall  be included in the 
OPEP .  
 
(6) All the consultees provided wit h a copy of the OPEP shall  be advised to forward their comments to 
NEMA , so that they can be taken into consideration during the review.  Comments relating to OPEP‘s 
submitted for approval shall  be passed directly and solely to NEMA .  
 
(7) The Department shall collate comments, incorporate any of its own and then pass a combined response 
to the applicant  (operator or appointed agent).  
 
(8)When an  OPEP is approved, NEMA  shall  issue an approval letter to confirm compliance with the  other 
applicable regulation s (Waste management) Regulations and………… .  
 
(9) All copy holders shall  receive a paper copy of the final approved plan  or a controlled copy  updated with 
any changes which have been required as part of the approval process.  
 
(10) An electronic copy shall  also be provided either by email or on a CD.  
 
(11) The controlled copies issued to NEMA  shall  be in a ring bound format to facilit ate the inclusion of 
appendices or addenda and shall  be accompanied by a submission sheet identifying it as a controlled copy.   
 81 
 
(12) Approval of an OPEP shall  not constitute approval of the operations covered by the plan and o perators 
are responsible for ensuring compliance with all other regulatory requirements.  
 
169. Comments on Review Drafts  (guidelines)  
(1) OPEPs shall be r eviewed  and assessed on case -by-case basis, taking account of the nature of the 
installation, the proposed operations, the environmental sensitivities the potential environmental impacts and 
the proposed response arrangements and the  comments received from  consultees.   
 
(2) The NEMA  response to the submission shall be  specific to the subjec t OPEP, although some advice, 
comments , and clarification of the guidanc e or policy, may be relevant to other OPEPs already submitted for 
review or the preparation of fu ture submissions.   
 
(3) Operators shall have  systems and procedures in place to ensure that there is effective dissemination of 
relevant comments.  
 
(4) NEMA  comments on submissions shall  be addressed by the operator, and the operator shall not ignore 
the comments  or to re -submit applications where specific com ments have not been addressed.  Both shall 
inevitably delay completion of the review process.   
 
(6) Where  there are valid reasons for not addressing a particular comment  by NEMA , the operator shall  be 
explained in correspondence covering the re -submission, or discussed with NEMA  as soon as possible.   
 
(7) Operators shall  also ensure that they fully understand the comments received, rather than basing a re -
submission on assumptions or only partially ad dressing the comments.  
 
(8)  All communications relating to the comments on an OPEP submission shall  be submitted by e -mail 
to…….     
 
170. Cessation of o perations  
(1) An o perators shall  inform all plan holders, NEMA , other c ontrol copy holders and consultees when  the 
OPEP is no longer required due  to the developme nt not progressing, exploration or drilling operation 
ceasing or the completion of decommissioning of an installation.   
 
(3) Subregulation (1)  is particularly relevant to d rilling operations  since OPEP‘s addressing drilling shall  
state the time period for which they are applicable to further identify when a plan is obsolete.  
 
172. OPEP a pproval  
(1) Once any comments issued as part of the regulatory assessment and review has  been satisfactorily 
addressed, operators shall  be notified of approval under the OPRC and EPC Regulations.   
 
(2) Following approval, a hard -copy (paper) and electronic copy (pdf format) of the OPEP, the ―Controlled 
Copies‖, shall  be submitted to NEMA  for retention by the Offshore Environmental Inspectorate.  
 
173. Post OPEP a pproval  
After approval of the OPEP , the following actions shall  be completed - 
 
(a) at least one complete copy of the OPEP shall  be available on each installation and onshore 
response centr es shall  have copies of all OPEP‘s issued to them;  
 
(b) emergency contact details shall  be regularly checked and updated to ensure their accuracy;  
  
(c) operators shall  ensure that all personnel with pollution response duties are adequately trained 
and this traini ng is refreshed at the required intervals;  
 82 
 
(d) oil pollution incident exercises shall  be completed in compliance with requirements  and 
where applicable , any learning shall  be cascaded throughout responsible personnel and the 
OPEP strengthened;  
 
(e) where oil poll ution occurs, a post incident investigation shall  be conducted to identify actions 
which could be taken to prevent similar pollution incidents and strengthen the response 
strategy and OPEP;  
 
(f) whilst conducting offshore inspections NEMA  Environmental Inspect ors may gather 
evidence to prove compliance with exercise requirements and may check training records for 
offshore personnel to ensure compliance with training requirements;  and 
 
(g) during onshore EPC exercises, NEMA  may request a list of personnel responsibl e for 
responding to oil pollution incidents and evidence of training which may include details of 
when personnel were last trained and by whom.  
174. OPEP Maintenance  
(1) OPEP s are ―living documents‖ and shall  be reviewed on a regular basis to ensure they r emain current 
and applicable to the installation, the proposed operations, the environmental sensitivities, the potential 
environmental impacts and the proposed response arrangements.  
 
(2)  Where appropriate, OPEPs shall be  updated to take account of any changes relating to the operator.   
 
(3) Where  the changes are significant, such as a new operator or the addition of a new activity, the revised 
OPEP shall  normally be subject to a two -month consultation period prior to any acceptance of the changes.   
 
(4) Where the changes under subregulation (3) relate to the strengthening of the response arrangements, it 
may n ecessary to  have formal  consultation, although NEMA  may still comment  on the changes and enter 
into a dialogue with the operator or specific cons ultees.  
 
(5) When reviewing an OPEP, the operator shall  take full account of these Regulations , the OPEP guidelines  
and best practice.   
 
(6) When reviewing an OPEP to include new ex ploration, appraisal, development and production, drilling 
operations or n ew work overs, intervention,  abandonment or decommissioning operations relating to 
hydrocarbon producing wells, the requirements detailed in this regulation  shall  also be taken into 
consideration.  
 
(7) In addition to ad  hoc operator reviews, all OPEPs shal l be subject  to a formal review that shall  be 
undertaken at least every five years after the date of initial submission.  
 
(8)  Where  the operator is still carrying out operations covered by the OPEP, it shall  be revised to take 
account of any new or amend ed guidelines and  re-submitted to NEMA  and the relevant consultees at least 
two-months prior to the date of ―expiry‖ of the five -year validity period.   
 
(9) Although the OPEP shall  be reviewed  every five years, operators may submit  a revised document for 
formal review at any time during that period.  
 
(10) Following approval, the amended submission shall  be forwarded to all controlled c opy holders in a 
timely manner.  
 
Reporting and Notification  
 83 
 
175. Reporting u nauthorized releases of o il 
An oil spill repor t shall be made where - 
(a) any amount into or threatening state waters inland or groundwater;  
 
(b) any amount into a storm drain;  
 
(c) any amount onto city and district  streets if there is a significant present or potential hazard to 
human health and safety, property,  or the environment;  
 
(d) any amount onto highways  and freeways if there is a significant present or potential hazard to 
human health and safety, property, or the environment.  
 
(e) any amount onto land, if there is a significant present or potential hazard to huma n health and 
safety, property, or the environment;  
 
(f) crude oil release of more than five barrels from a pipeline or flow line in a rural area, if no 
threat to waters bodies.  
 
176. When to Call  
The operator/person -in-charge/responsible person shall call - 
 
(a) immediately upon learning of the release when it can be done safely;  and  
 
(b) spills to water bodies shall  be reported immediately but not later than 30 minutes after the discovery 
of the spill or threatened spill and also a  Qualified Individual or a contracted  oil spill response 
organization shall  also be contacted within this time.  
 
177. Spill Notification Updates  (Guidelines)  
(1) Where the initial reported incident informati on was inaccurate or incomplete  or if the estimate of the 
volume spilled or at risk o f spilling has significantly changed, this shall be reported to the  National Response 
Center.  
 
(2) For oil spills on any water body, an updated estimate of the volume spilled and the volume at immediate 
risk of spilling shall  be reported to the National Re sponse Centre /NEMA/PAU/PEPD  when there is a 
significant change in the reported amount, but not less than every 12 hours within the first 48 hours of 
response.  
 
(3) The State On -Scene Coordinator or Committee through the National  Response Centre  may increa se or 
decrease this timeframe, as appropriate and updated spill volume information included in the Incident 
Action Plan developed through the National Response Centr e shall  meet this requirement.  
 
 
178. Notification exercise  
(1) Notification exercise  shall be designed to rehearse alert and mobilization procedur es of the response 
teams and executed  by phone and other communication means,  according to the response plan . 
 
(2) The notification exercise may also be used to test - 
 
(a) the communication systems;  
 
(b) the existence of personnel;  
 
(c) the displacement options and the celerity of the respective arrangements ; and 
 84 
 
(d)  to evaluate the aptitude for a quick and accurate tran smission of information.  
 
(3) The notification exercise may have the duration of one to two hour s and may be carried out at any time 
of the day or night, with or without warning.  
 
179. Table top exercise  
(1) Th e table top exercise shall consist  of   interactive discussions among the members of a response team 
about a scenario without involving mobil ization of personnel or equipment.  
 
(2) The table top exercise  shall be carried  out in a conference room or in a series of rooms connected by 
telephone lines and are concentrated on the functions and actions of the individuals, on the interactions 
among th e various parties and on the development of information and response strategies.  
 
(3) A  table top exercise shall  last for two to eight hours and it shall  be previously announced in order to 
ensure personnel‘s presence.  
 
180. Equipment mobilization exercise  
(1) The equipment mobilisation exercise  drills  shall involve the mobilization of oil spill response equipment 
from specific sites, in response to a spill case scenario and according to strategies established in the plan for 
that scenario.  
 
(2) The equipme nt mobilisation exercise shall be used to test the response capacity of a local team to a Level 
1 and Level 2 spill, as defined in the contingency plan and to promote experience pertaining to the local 
conditions and different spill case scenarios and en hance the individual capacities and team work.  
 
(3) The parties who normally take part in the response  referred to under subregulation (2)  are involved so 
that their availability and capacity may be evaluated.  
 
(4) The parties undertaking the exercise may i nvite o ther organizations  to act as observers.  
 
(5) The equipment mobilisation drill  shall  typically  have duration of four to eight hours and shall be 
frequently repeated until the teams are familiarized with the equipment.  
 
(6) In certain cases, an equipm ent mobilization drill may be carried out together with a planning or incident 
control drill.  
 
181. Incident control exercise  
(1) The incident control exercises  shall be designed to simulate different aspects of an oil spill incident.  
 
(2) Although some i nternal exercise is beneficial in the initial phase of a team‘s development, they shall be 
conducted  only with the people who are invol ved in an emergency to ensure that the team is properly  tested 
and trained.  
 
(3) The incident control drills shall  last a  whole day, being followed by review sessions the following day.  
 
182. Requirements f or oil spill response exercises  
(1) All the public and private bodies, compelled to have contingency plans in Uganda , shall establish a 
program of oil spill exercise with the following minimal requirements - 
 
(a) quarterly notification exercise;  
 
(b)  planning, equipment mobilization and incident control drills, wh ich may be conducted separately;  
and  
 85 
 
(c) a full scale oil spill response exercise, including mobilization of resources, wi th the minimum 
periodicity  of three years.  
 
(2) The oil  and gas industry  and government authorities  shall annually  conduct a Level 2 exercise to verify 
the status of preparedness of the level 2 plans in the country.  
 
(3) Spill response e xercise shall be fo llowed by a briefing session in order to enhance the lessons learned 
and the recommendations for improvement of the contingency planning oil spill response procedures.  
 
(4) Spill response e xercise announcements and complete  reports of the exercises , includ ing 
recommendations, shall be forwarded to the National Oil Spill Response Committee at least three weeks 
before the training commences . 
 
183. Exposure and risk a ssessm ent 
Spill responders shall perform exposure assessments and risk assessments in the cont ext of a spill response .  
 
184. Types o f Exposure and Risk Assessments  
(1) Each spill response shall require a  continual evaluation a nd re -evaluation of the health and safety risks  
posed by a spill.  
 
(2) The assessment of possible exposures to a spill and the human and environmental risks that the spill shall  
starts with the evaluation  of the spill report.  
 
(3) When the spill response team arrives on the scene of a spill, the operator  shall  perform another type of 
"risk assessment."  
 
(4) Each spill respon der shall  plan for and take the necessary steps to protect their personal health and safety 
when  responding to a spill and the  responder shall - 
 
(a) try to determine what material was spilled before arriv ing  on the scene;  
 
(b) find out what contaminants may be in volved, whether they are toxic, and what symptoms 
indicate exposure; know what measures shall  be taken to protect the health and safety  of the 
responder  as well as that of the public; and  
 
(c) where the spilled contaminant is not, prepare for and approach th e scene as if a toxic 
hazardous material is involved until you are able to determine otherwise.  
 
(5) In accordance with these Regulations and guidelines issued by NEMA and assessing the spill and spill 
scene to ensure the personal health and safety of the spill responder, protection shall  entail an assessment of 
possible exposure to c ontamination and assessment of risk.  
 
(6) The site investigation phase of a spill response may be taken as an exposure assessment .  
 
(7) Risk assessment shall  not be performed  by spill responders.  
 
184. Exposure Assessments  
(1) The responder shall perform site investigation to  establish where the contamination is and to determine if 
anyone is being exposed to this contamination by virtue of breathing it, drinking it, or otherwi se coming into 
contact with it.  
 
(2) An "exposure assessment" is the process of measuring or estimating the intensity, frequency, and 
duration of human exposures to a contaminant currently in the environment or of estimating hypothetical 
exposures that mi ght arise from the release of a contaminant into the environment.  86 
 
 
(3) An exposure assessment, i n its most complete form,   describes the magnitude, duration, schedule, and 
route of exposure;  the size, nature, and classes of the human populations exposed;  and the uncertainties in all 
estimates.  
 
(4) Where no  one is or may be exposed to the contamination, it is possible to judge that there is no risk and, 
therefore, no need to clean up the spill.  
 
 (5) The spill responder may  be confronted with evaluating such assessments as performed by spill response 
contractors hired by NEMA/PAU/PEPD or by responsible parties; for example, a responsible party may use 
such an assessment to support the argument  that no clean -up is required or that a clean -up can be termina ted 
given that current and future exposures are estimated to be below levels that would indicate a health or an 
environmental concern.  
 
(6)  In situations refe rred to under subregulation (8), the operator or responsible party may request the 
assistance of a standby contractor or of the National Command Centre  staff to help evaluate this kind of an 
"exposure assessment.  
 
Investigation Procedures . 
 
185.  Risk Assessments  
(1) The operator or responsible person shall conduct an exposure assessment every time he or she 
investigates  a spill site . 
 
(2)  A risk assessment shall involve  characterizing the potential adverse health effects of human exposure to 
environmental hazards and includes the following steps - 
 
(a) description  of the potential adverse health effects based on an evaluation of epidemiologic, clinical, 
toxicological , and environmental research;  
 
(b) extrapolating from the  results  under paragraph (a)  to predict the type and estimate the extent of 
health effects in humans under given conditions of exposure;  
 
(c) making judgments as to the number and characteristics of persons exposed at various intensities and 
durations; and  
 
(d) ultimately judging whether there is a risk to public health and what the overall magnitude of the risk 
is.  
 
(3) Spill responders are not required to conduct quantitative  risk assessment.  
 
(4) The operator shall not use the products of risk assessments  including the health -based standards and 
water quality criteria promulgated by the ministry of health . 
 
(5) Where the investigation reveals the presence of a particular contaminant for which a standard does not 
exist, the operator shall contact the local health department (who may consult with  the Ministry of health  to 
request their assistance in evaluating what concentration of that contamina nt constitutes a health risk.  
 
186. Applications of Exposure and Risk Assessments in Spill Response  
(1) The  operator or responsible person shall apply  various types of exposure and risk assessments to  some 
degree in each spill response.  
 
(2) Spill respon ders shall conduct exposure assessments, site investigations  or risk assessments.  
 87 
 
(3)  Quantitative risk assessments shall be conducted  for spill responders by the ministry of health and the  
operator or responsible  parties may submit a quantitative risk a ssessment for review as part of their spill 
clean -up documentation.  
 
(4) The Ministry of health shall also review the assessments referred to under subregulation (3) . 
 
(5) The various applications of exposure and risk assessments in the spill response pro cess may be illustrated 
in the context of four situations that are often faced when evaluating contamination from a spill including - 
 
(a) an obvious safety and health hazard exists and shall  be remedied immediately; for  example 
of this situation would be dete cting explosive vapor levels in an enclosed structure;  
 
(b) clean -up stand ards available for all of the constituents of concern for comparison to site 
conditions;  
 
(c) clean -up standards not available  for all of the constituents of concern for comparison to site 
conditions;  and  
 
(d) the clean -up that cannot achieve the established clean -up levels and a decision shall  be made 
as to whether the clean -up shall  continue or be terminated.  
 
(6) Where the spill  responder  move s from Situation 1 through Situation 4 , the applic ation of exposure and 
risk assessment techniques may become  progressively more complex, more quantitative, more time 
consuming, and demand  more specialized skills.  
 
(7) The operator or responder shall ensure that  spill responders have the time and resource s to conduct these 
assessments if other spills are to be addressed.  
 
(8) The operator or responsible person shall d efer to other experts to conduct any predictive exposure 
assessment or quantitative risk assessment necessary to resolve situations 3 and 4.  
 
187. Situation 1: An Obvious Safety and Health Hazard Exists  (guidelines)  
(1) Some spills create safety and health hazards that are very easy to detect and that demand quick action.  
 
(2) There may be no real need to conduct any f ormal quantitative exposu re or risk assessment; the hazards 
and risks are clear.  
 
(3) The situations referred to under subregulation (2)  include  – 
(a) the need to take emergency response actions to contain a surface spill before i t 
enters a surface -water supply;  
 
(b)  eliminate e xplosive vapo r levels in a basement or sewer;  or  
 
(c) evacuate people from the vicinity of a burning railcar that is carrying a hazardous 
material product and other examples include: almost any spill involving a fire, free 
product located near an ignition  source or in a public building, and gross 
contamination of a drinking water well.  
 
(4) A spill responder shall  use a few, readily available criteria for judging that a hazard exists (or no longer 
exists after emergency response measures are taken), includ ing such safety thresholds as the lower explosive 
limits for different volatile substances.  
 
(5) Once the emergency has been alleviated, however, a spill can still require additional clean -up where 
exposure and/or risk assessments play a part.  88 
 
 
188. Situa tion 2: Clean -up Standards are Available  
(1) Each investigation shall be directed at defining the full extent of contamination and measuring the 
contaminant concentrations at each point of human exposure, e.g., each domestic water supply well and this 
is, in effect, an exposure assessment.  
 
(2) To judge whether corrective action is warranted, it is necessary to compare these "exposure point" 
concentrations for each contaminant with some human health and/or environmental standard or criterion for 
that conta minant.  
 
(3) Where the exposure point concentration for a contaminant exceeds its standard, a clean -up is clearly 
warranted and shall  continue until the standard is met, or until a decision is reached that it is no longer 
technically feasible or cost effe ctive to continue the clean -up.  
 
(4) A practical example of the situation in subregulation (1) is comparing benzene concentrations detected in 
drinking water samples to the drinking water standard for this compound.  
 
(5) The health -based standards are usu ally developed through the application of quantitative risk assessment 
methods.  
 
(6) There are a variety of health -based standards and other criteria available for comparison to exposure 
point concentrations; most are applicable to contaminants in ground or surface waters.  
 
Remediation  
 
189. Situation 3: Clean -up Standards are not available  
(1) Health -based standards or other quality criteria are not available for every possible contaminant of 
concern in a spill.  
 
(2) Where there is standard, you do not have the means to judge whether the contaminant concentrations 
detected in the air, water, or soil warrant corrective action in order to protect human health and/or the 
environment, nor for deciding when a clean -up could be terminated for example, there is  no standard for 
methyl -tertiary butyl ether (MTBE), which is becoming a more common constituent of gasoline products (to 
replace tetraethyl lead) and is very soluble in water.  
 
(3) Risk assessment techniques can be used to develop a reference standard or to quantify the degree of risk 
represented by the exposure point concentrations measured.  
 
(4) Spill responders do not participate in the application of risk assessment techniques in this situation short 
of supplying the exposure information and it is the  responsibility of the local and/or state health departments 
and the BSPR Central Office to provide you with the appropriate standards to apply as clean -up target 
levels.  
 
Oil Spill Occurrence Risk Assessment  
 
190. Dangerous activities  
(1) The statistics d ata available show that the major contributions for the total oil spill in the Uganda is 
originated by industrial discharges, transportation of petroleum products, discharge of used oils by garages 
among others . 
 
(2) The greater spill causes include  charge /discharge, routine ope rations, sinking, stranding and refuelling , 
collisions, fires and explosions.  
 89 
 
(3) The National Oil Spill Contingency Plan shall identify  the activities which represent a risk, their 
situation, the probable type of oil, and the likel y dimension of the spill.  
 
191. Oil activities  
(1) The risk of occurrence of hydroca rbon spills related with petroleum  activit ies and midstream operations 
may occur in  oil installations,  platforms, storage facilities,  vessels which transport crude or refi ned 
products, blow outs during operations (very low probability), accidental leaks from pipelines (medium to 
high probability) , leaks from refineries and central processing units  and intentional (and criminal) dump by 
tanks.  
 
(2) Based on the results of th e applied models which assumed zero response it is very likely that some of the 
spills which take place in oil operations areas in Uganda  may spill outside Uganda‘s jurisdiction .  
 
(3) The probable types of oil in a spill incident are - 
 
(a) crude oils from the  Ugandan  production fields;  
 
(b) heavy fuel oil  in tankers ,refinery , central processing units, storage facilities  or in supply barges;  
 
(c) refined products, mainly diesel and lubricating oils.  
 
192. Primary Authority for Oil Spill Response  
(1) This Section set s forth the roles and responsibilities of those government agencies with primary authority 
for oil spills in California.  
 
(2) Oil spill incidents often involve a response from multiple agencies having different capabilities, 
responsibilities, and function s.  
 
(2) In some circumstances, the jurisdictional mandates of several agencies may overlap. Use of the 
Standardized Emergency Management System (SEMS) and the National Incident Management System 
(NIMS) to organize spill response ensures that inter -agency responsibilities are collectively addressed (see 
Section IV)  
 
Oil Spills In or Threatening State Waters  
193. Surface Waters  
(1) The NEMA has the primary authority to direct prevention, removal, abatement, response, containment, 
and clean -up efforts with re gard to all aspects of any oil spill in the waters of Uganda, including decisions 
regarding in situ burning, dispersants, and clean -up agents.  
 
(2) The NEMA shall serve as the State On -Scene Coordinator  (SOSC) which means it has the overall 
authority for managing and conducting incident operations during the response to the oil spill, and shall  
manage the incident consistent with NOSCP and also represents  the governm ent in any coordinated response 
efforts with foreign nations.  
 
(3) Incident management shal l generally include the development of objectives, strategies and tactics, 
ordering and release of resources, and coordination with other appropriate response agencies to ensure that 
all resources are properly utilized and that this coordinating function i s performed in a manner designated to 
minimize risk to other persons and to the environment.  
 
(4)  Oil spills occurring in waters with wildlife shall be monitored by NEMA in collaboration with the 
Uganda Wildlife Authority.  
 
194. Groundwater  90 
 
(1) The Direct orate of Water Resources shall coordinate the clean -up of groundwater of groundwater 
pollution and spills to soil that threaten groundwater.  
 
(2) The Uganda Wildlife Authority and Department of Fisheries maybe involved if wildlife was impacted or 
at risk.   
 
(3) Oil spills threatening or impacting groundwater are likely to be long -term remediation projects.  
 
(4) The Directorate of Water Resources shall develop and enforce objectives and implementation plans  
that shall  best protect the country‘s  overall wat er quality  both  surface and ground, recognizing local 
differences in climate, topography, geology, and hydrology and  develops a "Basin Plan" for their 
hydrologic areas, issues waste discharge requirements, can take enforcement action against violators, and 
monitors water quality.  
 
 
 
195. Oil Spills on Land  
(1) The PEPD/PAU which is the principal State agency responsible for regulating all oil, gas operations 
Uganda and in the event of an oil spill from a drilling rig or producing facility, PEPD/PAU is re sponsible for 
determining the appropriate actions to be taken to control and secure the source and also have the authority 
to determine that an emergency exists.  
 
(2) When a pollution incident occurs, PEPD/PAU may send a district representative to advise t he incident 
commander on corrective or mitigation actions.  
 
(3) The Department of Occupational Health and Safety and NEMA shall - 
 
(a)  provide technical advice regarding the safe handling of suitable disposal of toxic materials;  
 
(b)  assist in the assessment, eva luation, and control phases of hazardous material incidents;  
 
(c)  bring equipment, technical, and field personnel, toxicologists, and chemists, and assists in data 
collection;  
 
(d) maintain an Emergency Reserve Account for hazardous material incidents to assist l ocal 
governments and other government agencies;  
 
(e)  designate locations for the disposal of hazardous waste in accordance with the National 
Environment (Waste  Disposal) Regulations and issues emergency Environmental Protection Agency 
(EPA) identifications nu mbers for non -responsible party incidents . 
 
(3) The Department of Fisheries and the National Emergency Response Committee shall determine when 
Clean -up actions have mitigated impacts or potential impacts on wildlife and habitat.  
 
  
Oil Spills on Highways a nd Roads  
196. Local Roads  
(1) The incident  command for an oil spill on a local roads is vested in the appropriate law enforcement 
agency having primary traffic investigative authority on the road where the incident occurs.  
 
(2) Responsibility for incident command at the scene shall  continue until all emergency operations at  
the scene have been completed.  
 91 
 
(3) The coordinating  function under subregulation (2) shall not include directing how the specialized 
functions of other responding agencies are to be pe rformed.  
 
(4) The Incident Commander shall  consult with other response agencies at the scene to ensure that all 
appropriate resources are properly utilized, and shall  perform this coordinating function in a manner 
designed to minimize the risk of injury t o persons.  
 
197. Highways  
(1) The Uganda Police Force (Patrol) shall perform the On -Scene Coordinator role for oil spills on  
Highways and act as the nationwide information, assistance, and notification coordinator for all oil spill 
incidents occurring on highways in Uganda.  
 
(2) The Uganda Police Force shall establish a single notification mechanism to serve as a central focus point 
for a spill response system for an oil spill on highways.  
 
  
198. Oil Spills Involving Railroads  
(1) The Uganda Railways Boa rd/Secretariat is responsible for providing immediate onsite response 
capability in the event of large -scale releases of toxic materials resulting from surface transportation 
accidents and for implementing the state hazardous materials incident prevention and immediate deployment 
plan.  
 
(2) The Uganda Railways Board shall cooperate and in concert with existing local emergency response 
units.  
 
(3) The Uganda Railways Board shall develop a state railroad accident prevention and immediate 
deployment plan in cooperation with the Uganda Fire Brigade, affected businesses, and all relevant 
agencies.  
 
(4) The plan shall  be a comprehensive set of policies and directions that every potentially affected 
government department or  agency and business shall   follow if  there is a railroad accident to minimize the 
potential damage to the public health and safety, property, and environment that might result from accidents 
involving railroad activities in  Uganda.  
 
National Oil Spill Response Strategy  
 
199. Response object ives 
(1) The main objecti ve of the oil spill response strategy shall be to  minimize the damage to the environment 
and economic activities and r educe the recovery time of t he affected natural or economic resources 
achieving an acceptable level of cleanlines s. 
 
(2) Among the response options are - 
 
(a) diversion of   the spil led oil to less sensitive areas including diverting  it to rocky zones or to zones 
environmentally or economically less sensitive.  
 
(b) removal, as comple te as possible, of the oil from certain are as of in terest and its deposition in an 
environmentally acce ptable manner, based on the Net Environmental Benefit Analysis  
 
120. Levels of Response  
(1) The Oil Spill Preparedness and Response National System in Uganda shall be  based on the Tier response 
concept.  
 92 
 
(2) The ―Tier  response‖ concept is a concept universally accepted and  it provides the categorization of the 
response levels based on practice.  
 
(3) The tiered concept  identifies  incidents of  three levels, according to the severity, requiring diffe rent levels 
of preparedness and operational response to oil spill incidents.  
 
(4) The National Oil Spill Contingency Plan shall not define limits related with the spilled volume, f or the 
various incident levels.  
 
(5) The definition of the various levels v aries accord ing with the conditions of each facility or port and it 
depe nds on the spill risk analysis, executed as part of the local oil spill plans of prevention.  
 
Levels of R esponse  
121. Level 1 response  
Level 1 is the first  level covers the preparedne ss and response level for small oil spills capable of being  
responded by an individ ual facility or port authority, mobilizing exclusively the resources existing in that 
site or facility.  
 
122. Level 2 response  
(1) Level 2 refers to the preparednes s and res ponse linked an oil spill whi ch surpasses the possibility of 
response of an individual fa cility or authority .  
 
(2) Level 2 incidents shall  need coordination of more than one source of equipment and response personnel.  
 
(3) Incidents that need a level 2 response may be associated with incidents i n oil handling  facilities , 
exploration and production facilities (pipeline leaks, damage to  tanks, exploration and production 
operations) , crude oil storage tanks, refineries among others . 
 
(4) The geographic area affected by a Level 2 spill shall probably be lar ger than the one of Level 1 and i n 
many cases, pu blic recreational sites shall  be endangered or even affected.  
 
(5) In the event o f a Level 2 spill caused by Oil a ctivities of Uganda , the resources are mobili zed by means 
of the mutua l assistance agreement  in force among the licensees involved in the oil and gas industry in 
Uganda . 
 
123. Level 3  response  
(1) Level 3 refers to  major oil spills which require mobilization of all the av ailable national resources an d, 
usually, implying mob ilization of external resources and experience.  
 
(2) Internationa l assistance may be provided by means of cooperati on agreements with neighbouring 
countries.  
 
(3) In the event of a maj or oil spill resulting from oil operations in Uganda , the authorities shall  first resort to 
the oil spill response  equipment existent in bases of companies with proven ca pacity in the country or in the 
region.  
 
124. Net Environmental Benefit Analysis  (guidelines)  
(1) When oil is spille d, the choice shal l be among all the available  response options, the one that is capable 
of minimizi ng the negative impacts both on the natural and economic resources.  
 
(2) The Net Enviro nmental Benefit Analysis (NEBA) shall be used as  comparison measure between the 
environ mental gain s and drawbacks of the possible response options, the comparison between them and of 
each one with th e natural cleaning process  including NEBA  shall allow deciding if the use of dispersants in 
a specific  area, in a certain time of the year is an  adequate solution.  93 
 
 
(3) Usually, this is a dif ficult process due to conflicts of interest which inevitab ly rise and place 
organizations or classes with almost antagonistic opinions in opposite sides.  
 
(3) The selectio n of the most adequate response strate gy shall  depend on the set of predominant conditions 
at the time o f the spill.  
 
(4)  One shall consider correctly the predicted t rajectories and the destination and effects of the oil without 
treatment, com pared to the dispersed oil, in o rder to identify w hich response method shall  have the 
minimum impact on the environment and resources.  
 
(5) To carry out Net En vironmental Benefit Analysis it is necessary to have a good knowledge of the 
environmental and economic  resources of the region which may be affect ed by an oil spill, keeping in mind 
that any response shal l take the maximum benefit from the natural forces.  
 
(6) Thes e resources shall be classified in terms of protection priority  including , in case of conflicts of 
interest - 
 
(a) the protectio n of the fish  and shellfish has priority over protection of the beaches and  other tourist 
facilities as oil contamination takes months to disappear from the fish  while concrete and firm sand 
surfaces  usually recuperate fast;  
 
(b) crops, wildlife, homes, water sources etc.  
 
(c) wildlife has prio rity over fisheries namely when it is necessary to opt bet ween applying dispersants 
at the expense of contamination of the fi sh, as oil is more injurious to seabirds t han the dispersants 
are for the fish. 
 
(7) The know -how on spills previ ously occurred at that site or at similar sites shall  be key in the selection of 
the method, as it makes it more difficult to foresee the results, namely how long it would take for the 
environment to naturally recover (assuming zero response), what is the real dimension of the ecologic and 
socio -economic effects of a spill at that site and which are the effects and efficiency of the different response 
methods.  
 
(8) After the occu rrence of a spill, the response method shall be con tinuously reviewed and adjus ted during 
the entire time it lasts.  
 
(9) This process  under subregulation (8 ), despite of  it being  slow, is very  useful when it is necessary to 
decide when to dete rmine the response and cleaning operations.  
 
(10) An inspection team shall be  created  whic h shall  determine when each piece of area is alread y 
sufficiently clean.  
 
(11) The decision under  subregulation (10) is made based on internationally accepted criteria.  
 
(12) Ultimately, some  elements are specific for each incident and they can on ly be de termined at the time of 
the spill.  
 
(13) They elements  under subregulation (12) shall cover - 
 
(a) how effecti ve  the selected method  shall  be  (requires k nowledge of factors such as the type and 
the quantity of spilled oil) ; 
 
(b)  the short, mid and long term advantages and disadvantages;  94 
 
 
(c) Whether  the dispersed oil  shall  be diluted at low levels of impact and, in affirmative case, how 
long it shall   take to re ach such levels;  
 
(d) the  type and quantity of waste  the selected method  may  generate;  
 
(e) how long t he habi tat shall  take to recover (the selected method is going to reduce or augment this 
recovery time);  
 
(14) It is however necessa ry to keep in mind that it shall  never be possible to avoid all the disadvantages and 
the decisions sha ll then be based on the great er benefit, being certain th at the first option to consider shall  
always be the natural cleaning.  
 
(15) The interv ention shall be considered when - 
 
(a) the oil on the  surface of the water or on the land constitutes a threat to birds or mammals, con sidering 
the possible conflicts of interest;  
 
(b) there is liquid oil on the coast, which may  spread to still clean areas   increasing the contaminated 
area and the ext ension of the environmental and socio -economic impact;  
 
(c) the natural re covery time is too long for the main economic or environmental interests.  
 
(16) In the cases listed  under subregulation (15), the aggression and disturbance c aused by the cleaning 
actions may be  more acceptable as they aim at recoveri ng the affected area  for human usage or even at 
accelerat ing the recovery of conservation areas.  
 
125. Identification of the spill source .  
(1) This a relatively easy task w hen it is about spills of g reat proportions.  
 
(2)  In case of a min or spill, the identification is not always easy a s it is a result of oper ational discharges or 
non-witnessed accidents.  
 
126. Blocking the oi l spill at the origin and avoid new spills .  
(1) This shall be the greatest priority in any  case and it is the responsibility of the operator of the facility . 
 
(2) The method referred to u nder subregulation normally involves  the transfer of the oil from a ship or 
facility to another or others, which requires g reat experience and know -how, besides special equipment such 
as special p umps.  
 
(3) There is need to monitor the  oil slick s to asses s the severity of the threat to human health and the 
environment . 
 
(4) The responsible party shall assess, among the possible ones, which is the best response to the spill  and- 
 
(a) try to contain and recover the oil at  sea, using mechanical means;  
 
(b) take most advantage from the natural forces;  
 
(c) apply di spersants only according to the  guidelines  issued by NEMA; and  
 
(d) protect sensit ive areas according to n ational priorities.  
 95 
 
127. Select a combination of response options .  
(1) In case of a spill of great proport ions, normally the association of various response methods is necessary.  
 
(2) This way it is par amount to know the limitations, advantages and disadvantages of each one.  
 
128. Clean the affected coastline.  
(1) Where the general sea conditions are not adver se, some oil may reach the coast, reason thi s shall  be 
cleaned in order to minimize the effects of the spill.  
 
(2) Give a final dest ination to the oil waste, in an acceptable manner fo r the environment and according to 
the Waste Management, Removal and Dep osit Plan  waste.  
 
PART IX - OIL SPILL MONITORING AND RESPONSE  
 
129. Oil spill (environmental) monitoring  
(1) Environmental monitoring can be considered during three phases of an activity -  
(a) pre-impact monitoring - to monitor for the purpose of establishing pre-impact conditions;  
 
(b) operational (type 1) monitoring - to monitor the efficacy of response strategies;  
  
(c) scientific (type 2) monitoring - to monitor the long -term impacts of any spill.  
 
(2) In situations where baseline data are out of date due to recen t changes in sensitive receptors or not 
relevant to the event that has occurred, reactive pre -impact monitoring shall  be conducted prior to the spill 
reaching sensitive receptors.  
 
(3)  Pre -impact monitoring shall  be designed with post -impact monitoring in  mind to provide data that are 
directly relevant and comparable to the data gathered during post -impact monitoring.  
 
(4) During the spill response, operational monitoring shall  function to evaluate the effectiveness of response 
strategies and provide a me asurable demonstration of specific end -point criteria for the purposes of 
terminating the response.  
 
(5) Operational monitoring may include a suite of physical, chemical, and ecological tests shall  incorporate 
appropriate quality assurance and quality con trol processes and shall  be planned in advance of an incident to 
ensure an efficient and effective monitoring program.  
 
(6) Scientific monitoring shall  provide a thorough assessment of the impacts of both the spill and the 
response activities, to resource s at risk within the ZPI over the long -term.  
 
(7) The scientific monitoring program design shall  allow the impacts from the spill and response activities to 
be measured and to be separated from natural variation occurring in the environment.  
 
(8) This ma y be done using a before, after, control, impact (BACI) design or an alternate design that enables 
impacts attributable to the oil spill to be measured and separated from natural variation in the environment. 
Appropriate termination criteria for scientific  monitoring shall  also be considered.  
 
130. Overview and Planning  
(1) Although the responsible party may ultimately be responsible for the response and clean -up efforts, they 
may not always be first on scene  including  pipeline -related incidents.  
 
(2) For  most oil spills, city or county government shall  most likely be the first notified and the first to 
respond.  
 96 
 
(3) The local government descriptions contained in this Plan are typical of many jurisdictions throughout the 
state.  
 
(4)  However, responsibilit ies, organization, and authorities may vary depending on the specific jurisdiction. 
Local government can provide valuable experience in pre -incident planning through the local Certified 
Unified Program Agency/Administering Agency/Participating Agency (CUPA /AA/PA) and other local 
planning activities.  
 
(5) The County/City Emergency Services Coordinators, Local Disaster Councils, Local Emergency Planning 
Committees (LEPC) and similar organizations are encouraged to participate in multi -agency planning 
activit ies related to oil spills to develop and revise response plans prior to the occurrence of an oil spill.  
 
(6) Through CUPA/AA/PAs and LEPCs, local area plans can be developed; local agencies can clearly 
delineate responsibilities with respect to each other and with participating agencies at the state and federal 
levels; and key liaisons between agencies can be established.  
 
(7) And local governments with jurisdiction over or directly adjacent to marine waters, they may apply to 
the OSPR Administrator for a grant to complete, update, or revise an oil spill contingency plan element of 
their business and hazardous materials area plans.  
 
(8) Local agencies with an operational role in spill response are encouraged to exercise, revise, and update 
their local plan s on a regular basis.  
 
131. Aerial responses  
(1) Aerial surveillance is essential to many spill response strategies.  
 
(2) Feedback from aerial surveillance is often necessary to determine the scale of the spill and to determine 
the level of response reso urces to be deployed.  
 
(3) Where aerial surveillance is proposed, operators shall  ensure that arrangements are in place for access to 
surveillance aircraft and trained aerial observers in the initial stage of an incident and shall  expect to 
maintain this capability throughout the incident to assist with monitoring the spill and the response effort.  
 
(4) Access to appropriate aircraft may be necessary to support a dispersant strategy. Aircraft selection shall  
consider the range, manoeuvrability and storage  capacity as well as the availability of fixed or compatible 
application equipment (spray booms, buckets) .  
 
(5) Additional aircraft may also be required to guide the application of dispersant.  
 
(6) The use of dispersants as a response strategy would requ ire- 
  
(a) a description of the proposed activity;  
 
(b) a description of the existing environment (ZPI), including (map overlays of) spray/no -spray 
zones, that may be affected by the activity;  
  
(c) a description and evaluation of the impacts and risks for the activit y including consideration 
of the toxicity and characteristics of the dispersant and resulting oil/dispersant mix;  
  
(d) consideration of effectiveness in the selection of the dispersant on the specific oil type, 
including effectiveness on weathered oil and the  ‗window of opportunity‘ to achieve effective 
dispersion;  
 97 
 
(e) planned testing to confirm planning assumptions and eliminate uncertainty (field trials, lab 
testing, weathering tests, dispersant efficacy tests);  
  
(f) objectives, standards and measurement criteria for the activity;  
  
(g) OHS guidelines for use of dispersant;  
 
(h) access to adequate quantities of dispersant and access to additional resources required to 
support the strategy;  
 
(i)  ongoing monitoring of the effectiveness and environmental impact of the strategy a nd re -
evaluation of the risk assessment.  
 
(7) Further information on the effectiveness of dispersants on particular oils shall be sought from suppliers 
and subject matter experts.  
 
(8) Dispersant choice is not limited by NEMA, however a description and e valuation of the impacts and 
risks of all activities is required by the Regulations. Dispersant efficacy testing is advised where oil samples 
are available.  
 
(9) An evaluation of the factors under subregulation…. requires specific background information a nd needs 
to be undertaken very quickly so as to exploit the ‗window of opportunity‘ available for this response 
strategy.  
 
(10) Consequently the strategy under this regulation, if selected by an operator as being appropriate for 
specific circumstances, re quires a significant amount of pre -work to demonstrate detailed consideration of 
this strategy and to enable informed, confident, and defendable decision -making during the incident.  
 
132. Response on water bodies  
(1) Vessel operations may be necessary in a response to undertake dispersant application, containment and 
recovery of oil at the water body and may also be required to support the recovery operation with additional 
marine activities such as surveillance, environmental sampling and monitoring and t ransport of personnel, 
equipment and wastes.  
 
(2) An operator proposing containment and recovery of oil at sea shall demonstrate within the OSCP that the 
response shall  have access to adequate supplies of response equipment that is suitable for use at the  location 
and access to competent personnel to operate the equipment.  
 
(3) Vessels may need to be suitable for the function of deploying large volumes of equipment, 
accommodating personnel at the response location if necessary, and also have capacity for storing or 
transferring large volumes of oily waste.  
 
(4) Where an oiled wildlife response may be a necessary component of a water body (or shoreline) response, 
the OSCP shall  demonstrate that vessels, equipment, facilities and authorised professionals ca n be accessed 
as part of the response and rehabilitation arrangements.  
 
(5) All wildlife response arrangements shall  be undertaken in accordance with laws and other requirements 
(e.g. licensing) that are relevant for handling and rehabilitation of native fauna.  
 
(6) Where local government agencies/ Wildlife Authority have a role in either approving or undertaking 
wildlife response, then it is important that the operator liaise with the relevant agency to confirm roles, 
responsibilities and reporting struc tures so as to easily integrate the wildlife response into the wider response 
structure.  
 98 
 
(7) Quarantine considerations shall  also be taken into account when moving machinery through the 
terrestrial environment and moving fauna for decontamination  and reh abilitation purposes.  
 
133. Shoreline responses  
(1) If an incident from an activity has potential to impact shorelines, the OSCP shall  demonstrate capability 
to undertake an effective and appropriate shoreline assessment and shoreline response.  
 
(2) Whe re shoreline response is considered an appropriate response strategy, operators shall  prepare to the 
extent practicable, by segmenting the shoreline, undertaking shoreline assessments and identifying 
appropriate clean -up or treatment techniques for those s egments.  
 
(3) The shoreline response could be multi -staged if appropriate to enable initial removal of large volumes of 
oil followed by more specialised techniques for removal or treatment of residual oil.  
 
(4) Further consideration could also be given t o identifying potential staging areas, support services and 
access routes to service those sectors.  
 
(5) Depending on the shoreline types and resources at risk within the ZPI, the operator may evaluate 
additional shoreline response strategies through the oil spill risk assessment, such as bioremediation, 
substrate washing or treatment with natural or low -toxicity treatment agents.  
 
(6) The specific clean -up techniques discussed in the OSCP shall  need to be refined during development of 
the incident action  plans to suit the circumstances of the incident response, but the OSCP shall  demonstrate 
planning towards these clean -up strategies, to the extent practicable.  
 
(7) In preparing for shoreline clean -up, the operator shall  ensure that they have identified,  and have access 
to, the required equipment and machinery to undertake the clean -up activities, as well as access to competent 
equipment operators, team leaders and specialists.  
 
(8) The level of equipment required on site shall  satisfy the requirements o f the response strategy in the short 
term and the OSCP shall  demonstrate that further equipment can be sourced in a timely manner to support a 
continued or escalated response relevant to the nature and scale of spill scenarios from the activity.  
 
(9) A nu mber of factors associated with shoreline response may require specific approvals from the relevant 
local or state government as well as private landholders.  
 
(10) The stakeholders under subregulation (9) shall  be consulted during the preparation of an OS CP and the 
operator shall  seek to identify and progress any relevant approvals or consents, to the extent practicable, 
prior to an incident.  
 
(11) The OSCP and other response documentation shall  clearly identify what outstanding approvals shall  be 
require d at the time of an incident and shall  provide sufficient information to facilitate a timely and adequate 
submission to the relevant authority.  
 
(12) Where appropriate, shoreline response shall  demonstrate access to mobilise large numbers of personnel 
and capability to provide the logistics associated with supporting such a response.  
 
(13)  In addition to the response equipment and machinery required to remove oil from the shoreline, the 
operator shall  need to ensure that support arrangements are available  to ensure the health, safety and welfare 
of the shoreline crews.  
 
(14) Consideration shall  be given to matters such as personal protective equipment, sun shelter, first aid 
supplies, catering, drinking water, ablutions, decontamination  facilities, accomm odation, transport and 
communications to support the number of personnel expected to be required at the impact location.  99 
 
 
(15) The nature of shoreline response means likelihood of large volumes of contaminated and domestic 
waste.  
 
(16) Due to the volume of wastes generated during a shoreline response, waste management requires 
specific focus to ensure that wastes are being minimised, segregated and appropriately transported and 
disposed.  
 
(17) The incident action plan shall  consider waste minimisation as  a component of the response strategies 
and action plans.  
 
(18) The techniques for shoreline clean -up and immediate actions of response teams may also be guided by 
an intention to minimise waste; for example communication could be provided to the shorelin e teams to 
move beach debris above the high -tide line or to increase the proportion of oil to sand and therefore reduce 
the amount of material being transported and disposed as contaminated waste.  
 
(19) If not given appropriate attention in the planning p hase, waste may be generated faster than it can be 
removed from the location and may become a bottle -neck to a response, or a secondary source of pollution.  
 
(20) To avoid this, operators shall endeavour to identify potential waste streams, identify optio ns for 
temporary storage, transport, disposal and/or beneficial re -use, trouble -shoot for potential challenges and 
identify appropriate solutions.  
 
(21) Consideration shall  be given to any company or government approvals and contractual arrangements 
that shall  be required for disposal of wastes as part of the arrangements for preparedness rather than at the 
time of an incident.  
 
 134. Natural recovery  
(1) In certain cases, natural recovery could be considered a viable option to avoid situations where 
responding has the potential to create further environmental impacts, or significantly increase safety risks 
and recovery periods resulting from oil spills.  
 
(2) Alternatively, some additional short -term environmental damage may be necessary in undertaking t he 
response, if the strategy shall  lead to improved environmental outcomes in the long -term.  
 
(3) Where natural recovery is considered an appropriate option this outcome shall  be supported by an 
appropriate ‗monitor and evaluate‘ strategy.  
 
 
Preparing to  Respond  
 
135.  Role and responsibilities during an Incident - NEMA  
(1) In accordance with the National Environment Act/ the functions of NEMA/ PAU include regulation of 
environmental management, well integrity and occupational health and safety of petrol eum industry 
activities in Uganda.  
 
(2) The response and preparedness requirements for oil spill response associated with petroleum activities 
are provided for under the Act No. 1 of 2013 and Regulations made under that Act.  
 
(3) NEMA shall aim to ensure  consistent, independent and professional regulation of the petroleum industry, 
including the assessment of oil spill contingency plans.  
 
(4) The PAU from petroleum  operations is the relevant Designated Authority.  
 100 
 
(5) The Government, through the Petroleu m Exploration and Production Department, shall  lead a whole -of-
government approach to the government response to a significant incident.  
 
(6) The operator shall  have the capacity to maintain responsibility for the incident and this may involve 
private res ponse companies and/or government response agencies where necessary.  
 
Response and the Nature of Oil  
 
136. Preliminary Assessment  
(1) Removal and clean -up actions shall begin as soon as possible to minimize the effect on natural and  
economic resources.  
 
(2) The Responsible Party is expected to undertake clean -up and spill mitigation efforts as soon as can be 
done safely and shall not need to wait for a government agency to arrive.  
 
(3) A representative of the Responsible Party shall serve as the initial Incident Commander and shall manage 
the spill as appropriate for the size and characteristics of the incident, until the proper governmental agencies 
arrive on -scene.  
 
(4) A responding local, regional or national  On -Scene Coordinator (OSC) shall  make a p reliminary  
assessment of the incident by contacting the person reporting the spill, the Responsible Party, and other 
governmental entities.  
(5) The preliminary assessment shall  aid the OSC in - 
 
(a) evaluating the magnitude and impact of the discharge or threa tened discharge on the public 
health, welfare, and the environment;  
 
(b) determining which jurisdiction the incident occurred in;  
 
(c) determining or confirming the Responsible Party;  
 
(d) determining or confirming the source of the spill;  
 
(e) determining whether the rel ease is still on -going, and if so, how quickly it can be controlled;  
 
(f) assessing the need for additional local, state, or federal assistance; and  
 
(g) assessing what clean -up and removal actions may be appropriate for the incident.  
 
(6) The Responsible Party shall be given an opportunity to clean -up the spill, but the Government may take 
over direction of the clean -up actions if progress is not satisfactory.  
 
(7)  The Responsible Party shall  be responsible for all costs and damages in either case.  
 
(8) Where oi l spill could be the result of a deliberate criminal or terrorist act, then normal clean -up activities 
and procedures may be significantly modified since there may be issues of national security, multi -site 
vulnerability, or immediate securement of similar  sites in the region or on a national level.  
 
(9) Where an oil spill could be a result of direct criminal or terrorist act, security and other law enforcement 
agencies shall  serve as the Incident Commander and initiate actions to prevent additional inciden ts, collect 
evidence, ascertain witnesses, and try to identify suspects.  
 
(10) Clean -up activities under subregulation (8) and (9) shall  occur when they can be performed safely and 
without hindering the criminal or terrorist investigation activities.  101 
 
 
 137. Wildlife Operations  
(1) There shall be a representative of the Uganda Wildlife Authority on the National Oil Spill Detection and 
Response Committee  to minimize wildlife injuries during spill response, by implementing and achieving the 
goals and strategi es create by the Planning Section and detailed in the NOSCP.  
 
(2) The responsibility of the Uganda Wildlife Authority shall be responsible for hazing, reconnaissance, and 
recovery.  
 
(3) The UWA shall, in collaboration with NEMA , Fisheries Department pre pare  a Wildlife Response Plan  
 
(4) The Wildlife Response Plan shall provide nationwide consistency for the responsibilities and capabilities 
of the Uganda Wildlife Authority to deal with oil spills in their jurisdiction.  
 
138. Response Equipment  
(1) OSPR  provides grants to local government entities to provide response equipment that can be pre -
positioned (pre -staged) adjacent to marine waters of the state.  
 
(2) The equipment is deployed by the grantee to contain a spill or to protect local resources.  
 
139. Fire Protection  
(1) If there is a fire related to an oil spill incident, fire prevention, fire suppression, and rescue are the 
responsibilities of the fire service agency that has jurisdiction or responsibility for the area involved.  
 
(2)  Agencies tha t may be involved include municipal fire departments, local special district fire  
departments (paid or volunteer), county fire departments, the California  
 
(3) The fire Brigade/ Police may also have jurisdictional authority for containment of off -highway o il spills. 
Many local plans designate the fire department as the oil spill response Incident Commander.  
 
(4)  The Operational Area Fire and Rescue Coordinators are responsible for mobilization of fire  
and rescue mutual aid resources requested by the respon sible fire service agency.  
 
140. Law Enforcement  
(1) For oil spills occurring on city or county roadways, generally either the Police  Department or the County 
Sheriff shall  serve as the Incident Commander.  
 
(2) For other oil spills in cities or counties, in the absence of local codes, ordinances, or agreements to the 
contrary, the City Police Department or County Sheriff could provide law enforcement support during an oil 
spill, including traffic control and supervision.  
 
141. Public and Environmental Hea lth 
(1) Local health agencies are responsible for protecting the public health and often coordinate emergency 
medical services.  
 
(2) County and city health officers have authority within their jurisdictions to take any preventive measures 
which may be nec essary to protect and preserve the public health . 
 
(3) During an oil spill they can provide valuable support to the Incident Commanders, and they shall  be 
actively involved in situations where public and environmental health is threatened by an oil spill, 
particularly with respect to ambient air monitoring.  
 
142. Public Works  
(1) Local streets and road departments are responsible for maintaining roadways in their jurisdiction and may 102 
 
assist in necessary road closures, clean -up, or decontamination . 
 
(2)  Lo cal water supply agencies (which may be a public works) are responsible for maintenance of 
community water systems and shall  provide remedial actions in coordination with the Regional Water 
Quality Control Boards (RWQCBs) and the Department of Water Resour ces (DWR) when an oil spill 
incident may affect water sources such as treatment plants and pumping stations.  
 
143. Emergency Medical Services  
Local emergency medical care providers (public and private sectors) provide care and transportation for the 
sick a nd injured, including victims of contamination. Patient contact shall  be made with adequate  
decontamination , as determined by local medical protocols.  
 
144. Poison Control Centers  
(1) Regional Poison Control Centers in California provide 24 -hour access to  an extensive toxicology library 
and can provide immediate access to consultants for evaluating health exposures associated with oil spills, 
including knowledge of hospitals‘ capabilities for handling oil spill victims.  
 
(2) The Centers can provide human p oison exposure and health -related information to responders, hospitals, 
and the public (in designated counties).  
 
145. Site investigation procedures  
(1) While no two spills are alike and, therefore, the scope of each site investigation varies, it is possib le to 
group the various activities into these categories - 
(a) Identifying the type and source of the spill;  
(b) Determining the site history and property ownership;  
(c) Determining the extent of surface, subsurface, and structural contamination; 
and 
(d) Documenting the si te investigation.  
 
(2) We don't expect each spill responder to be or become an expert in all the skill areas encompassed by a 
site investigation.  
 
(3)  Standby and other spill response contractors can supply much of the needed expertise.  
 
(4) Determining the type and volume of material spilled very early in the spill investigation process is 
important to determining what levels of personal and respiratory protection may be required.  
 
(5) Physical/chemical properties of the spilled material determine - 
 (a) the identity of the spill's source (if not already known);  
 
 (b) how the material may have spread in the environment;  
 
 (c) how much of a health and/or environmental hazard the spill may represent, and  
 
(d) what initial and longer -term corrective action measures may be needed to clean up the spill.  
  
(6) When the source of the spill is known, the responsible person shall get information on the characteristics 
of the spilled material from the owner/operator or through other technical assistance agencies.  
 
(7) Not withstanding subregulation (6), the responsible person shall sample  the material for laboratory 
analysis to verify the information provided and all analyses shall  be conducted by a laboratory approved by 
NEMA to perform the specific analysis requir ed. 
 
(9) The responsible person shall not allow any person to deliberately  smell, handle or  taste product or 103 
 
material contaminated by product (e.g., soil) to establish its identity.  
 
(10)  For an unknown believed to be, or containing some kind of, petroleu m product or for an older gasoline 
spill, the responsible person shall ask the laboratory to analyse the sample for total petroleum hydrocarbons 
using a gas chromatograph and where the  tentative conclusion is that the product is relatively fresh gasoline, 
the sample shall  be reanalysed  for benzene, toluene, ethylbenzene, and toluene (BTEX).  
 
146. Coordinator,  notification  
On notification of an actual or threatened unauthorized discharge of oil, the coordinator shall take immediate 
action to assess the dis charge and prevent, abate, or contain any pollution from the discharge.  
 
147. Administration of oil spill response and clean -up  
The coordinator, in consultation with the Department of Environmental Quality, is authorized to administer 
this Chapter and di rect all state discharge response and clean -up operations resulting from unauthorized 
discharges of oil or threatened unauthorized discharges of oil  in the land, or any waters of Uganda.  
 
(2) The Department of Environmental Quality, under the direction a nd control of the coordinator, is the lead 
technical agency of the state for response to actual or threatened unauthorized discharges of oil and for clean -
up of pollution from unauthorized discharges of oil.  
 
(3) All persons and all other officers, agenci es, and ministries and departments of government shall carry out 
response and clean -up operations related to unauthorized discharges of oil subject to the authority granted to 
the coordinator under this Part.  
 
(4)  In the event of an unauthorized discharg e of oil nothing in this Part shall preclude the Department of 
Environmental Quality from, at the earliest time practicable, assuming response and clean -up duties f or the 
discharge of oil under the National Environment (Discharge) Regulations , provided, ho wever, the 
coordinator is notified within twenty -four hours.  
 
148. Notification and response  
(1)  Any person responsible for an unauthorized discharge of oil or the person in charge of any vessel or a 
terminal facility from or at which an unauthorized di scharge of oil has occurred, as soon as that person has 
knowledge of the discharge, shall - 
 
(a) immediately notify the hotline of the discharge; or  
(b) undertake all reasonable actions to abate, contain, and remove pollution from the discharge.  
(2) Any person res ponsible  or in charge are unknown or appear to the coordinator to be un shall ing or unable 
to abate, contain and remove pollution from an unauthorised discharge of oil in an adequate manner, the 
coordinator may abate, contain and remove pollution from the d ischarge and may contract with and appoint 
agents who shall operate under the direction of the coordinator to abate, contain or remove pollution from the 
discharge.  
149. Response coordination  
(1) In responding to actual or threatened unauthorized discharg es of oil, the coordinator shall appoint a state -
designated on -scene coordinator to act in the coordinator's absence in the event that the coordinator is unable 
to be physically present at the scene of the discharge.  
 
(2) Where the  unauthorized discharge of oil is subject to the national contingency plan, in responding to the 
discharge the coordinator or the state -designated on -scene coordinator shall act in accordance with the 
national contingency plan as is practicable under the circumstances and coopera te with the federal on -scene 
coordinator or other government agency  or official exercising authority under the national contingency plan.  
 
(3) The coordinator or the state -designated on -scene coordinator may act independently to the extent no 
federal on -scene coordinator or authorized agency or official of the federal government has assumed federal 104 
 
authority to oversee, coordinate, and direct response and clean -up operations.  
 
(4) The coordinator or the state -designated on -scene coordinator may act to pro tect any interests of the state 
that are not covered by the national contingency plan, and are consistent with the state or national 
contingency plans.  
 
150. Assistance and compensation  
(1)  Subject to the coordinator's authority as authorized by this Pa rt to determine otherwise, any person or 
discharge clean -up organization may assist in abating, containing, or removing pollution from any 
unauthorized discharge of oil.  
 
(2) Any person or discharge clean -up organization that renders assistance in abating , containing, or removing 
pollution from any unauthorized discharge of oil may receive compensation from the fund for removal costs, 
provided the coordinator approves compensation prior to the assistance being rendered.  
 
(3) Prior approval for compensatio n may be provided for in the National oil spill contingency plan.  
 
(4)  The coordinator, on petition and for good cause shown, may waive the prior approval prerequisite.  
 
151. Qualified immunity for response actions  
(1) No action or omission taken by any  person, including any discharge clean -up organization, to abate, 
contain, remove, clean up, or otherwise respond to pollution from a threatened or actual unauthorized 
discharge of oil or refined petroleum product, or to otherwise render care, assistance, or advice, whether such 
action or omission is taken voluntarily, or pursuant to or consistent with the national contingency plan  or 
pursuant to or consistent with a response plan required under this Part, or pursuant to or pursuant to or 
consistent with t he request of the responsible person, shall be construed as an admission of responsibility or 
liability for the discharge.  
 
(2) Notwithstanding any other provision of law, and except for the responsible person, no person, including 
any discharge clean -up organization, that voluntarily, pursuant to or consistent with - 
 
(a)  the national contingency plan;  
(b) any response plan required under this Part;  
(c)  the request of the potentially responsible person,  
 
 renders care, assistance, or advice in abating, containing, r emoving, cleaning up, or otherwise responding to 
pollution from an unauthorized discharge or threat of discharge of oil or refined petroleum products is liable 
for removal costs, damages, or civil penalties, whether under this Chapter or other laws of this  state, resulting 
from acts or omissions committed in rendering such care, assistance, or advice.  
 
(3) This regulation shall not apply to actions for personal injury or wrongful death or for acts or omissions of 
gross negligence or wilful  misconduct.  
 
(4) A party responsible for the initial discharge is liable for any removal costs or damages for which another 
person is relieved under this regulation.  
 
152. Equipment and personnel  
(1) The coordinator may contract with any private person or entity for the  use of equipment and personnel at 
places the coordinator determines may be necessary for response and prevention operations, in accordance 
with the National oil spill contingency plan.  
 
(2)  The coordinator may contract with any public agency, via interag ency transfer of funds, to conduct 
baseline environmental, wetlands, water quality, habitat, wildlife, and natural resources assessments, or for 
any other matter deemed necessary to comply with the state and national oil spill contingency plans.  105 
 
 
153. Refusal to cooperate  
(1) Where  a responsible person, or a person or discharge clean -up organization under the control of a 
responsible person, participating in operations to abate, contain, and remove pollution from any unauthorized 
discharge of oil, reason ably believes that any directions or orders given by the coordinator or the 
coordinator's designee under this Part shall  unreasonably endanger public safety or natural resources or 
conflict with directions or orders of the federal on -scene coordinator, the  party may refuse to comply with the 
direction or orders.  
 
(2) The party shall state at the time of refusal the reasons for his or her failure to comply.  
 
(3) The party shall give the coordinator written notice of the reason or the reasons for the refusa l within 
forty -eight hours of the refusal.  
 
154. Derelict vessels and structures  
(1) A person may not leave, abandon, or maintain any structure or vessel involved in an actual or threatened 
unauthorized discharge of oil in coastal waters or on public or private lands or at a public or private port or 
dock, in a wrecked, derelict, or substantially dismantled condition, without the consent of the coordinator.  
 
(2) The coordinator shall locate, identify, mark, and analyze the contents of any abandoned or de relict 
vessels or structures found within the state.  
 
(3) Where the vessel or structure contains oil or oil based materials he shall establish a priority for removal 
of those vessels and structures on the basis of highest risk to human health and safety, the environment, and 
wildlife habitat.  
 
(4) The coordinator shall compile a computerized list of all vessels or structures indicating the location, 
identity, and contents of each.  
 
(5) The coordinator may remove any vessel or structure described in subre gulation (1 ) and  may recover the 
costs of removal from the owner or operator of the vessel or structure.  
(6) Where  the event that the owner or operator cannot be located, the coordinator may use the monies in the 
fund up to one million dollars in any fis cal year for the removal of any vessel or structure described in 
subregulation(1).  
 
(7) The Department of Environmental Quality may petition the coordinator for the removal of any vessel or 
structure as described in subregulation (1 ) and  the coordinator s hall either comply or submit the matter to the 
interagency council for review.  
 
(8) The NFA may petition the coordinator to abate an unauthorized discharge or the threat of a discharge 
from a facility or structure which the secretary certifies to be invol ved in an actual discharge or poses a threat 
of a discharge and for which the secretary certifies that the office of conservation cannot immediately locate 
a viable responsible party.  
 
(9)  Upon approval of the department's petition the coordinator shall r eimburse the office of conservation for 
all expenses incurred, within the limits of provisions of this Part and he shall seek reimbursement for the 
fund as provided elsewhere in this Part.  
 
(10) The coordinator shall use monies in the fund for this purpos e, which shall not exceed two million dollars 
in any fiscal year.  
 
155. Registration of terminal facilities  
(1)  A person may not operate or cause to be operated a terminal facility without a discharge prevention and 
response certificate issued under thi s Part.  106 
 
 
(2) The facility referred to under subregulation (1 ) may  be operated without a certificate for those purposes 
that do not involve the transfer or storage of oil.  
 
(3) As a condition precedent to the issuance or renewal of a certificate, the coord inator shall require 
satisfactory evidence that -  
 
(a) the applicant has implemented a discharge prevention and response plan consistent with the National 
oil spill contingency plan and regulations of unauthorised discharge of oil and abatement, 
containment, a nd removal of pollution when such discharge occurs; and  
 
(b) the applicant can provide, directly or through membership or contract with a discharge clean -up 
organization, all required equipment and personnel to prevent, abate, contain, and remove pollution 
from an unauthorized discharge of oil as provided in the plan.  
(4) A terminal facility response plan that complies with requirements under federal law and regulations for a 
terminal facility response plan satisfies the requirements of subreuglation (1 ) (a).  
 
(5)  Notwithstanding other provisions of this Part, the owner of a facility shall qualify for a certificate if all 
persons leasing or operating the facility have received a certificate.  
 
156. General terms  
(1)  Discharge prevention and response certifi cates are valid for a period of five years.  
 
(2) The coordinator shall require each registrant to report annually on the status of its discharge prevention 
and response plan and response capability.  
 
(3) The coordinator may review a certificate at any ti me there is a material change affecting the terminal 
facility's discharge prevention and response plan or response capability.  
 
(4)  Certificates shall be issued subject to such terms and conditions as the coordinator may determine are 
reasonably necessar y to carry out the purposes of this Part.  
 
(5) Certificates issued to any terminal facility shall take into account the vessels used to transport oil to or 
from the facility.  
 
(6) The coordinator, by rule, shall establish and require payment of a reasona ble fee for processing 
applications for certificates.  
 
157. Information  
(1) Each applicant for a discharge prevention and response certificate shall submit information, in a form 
satisfactory to the coordinator, describing all of the following - 
 
(a) the barr el or other measurement capacity of the terminal facility;  
(b) the dimensions and barrel capacity of the largest vessel docking at or providing service from the 
terminal facility;  
(c) the storage and transfer capacities and average daily throughput of the terminal  facility;  
(d) the types of oil stored, handled, or transferred at the terminal facility;  
(e) information related to implementation of the applicant's discharge prevention and response plan, 
including - 
 
(i) all response equipment including but not limited to vehic les, vessels, pumps, skimmers, 107 
 
booms, bioremediation supplies and application devices, dispersants, chemicals, and 
communication devices to which the terminal facility has access, as well as the estimated time 
required to deploy the equipment after an unau thorized discharge;  
 
(ii) personnel available to deploy and operate the response equipment, as well as the estimated 
time required to deploy the personnel after an unauthorized discharge;  
 
(iv) the measures employed to prevent unauthorized discharges; and  
 
(v) the terms of agreement and operation plan of any discharge clean -up organization to which 
the owner or operator of the terminal facility belongs.  
 
(e )the source, nature of, and conditions of financial responsibility for removal costs and damages; 
and  
 
(f) any other information necessary or appropriate to the review of a registrant's discharge prevention 
and response capabilities.  
 
 158. Issuance  
Upon compliance with the applicable provisions of this Part and upon payment of the certificate application  
fee, the coordinator shall issue the applicant a discharge prevention and response certificate covering the 
terminal facility.  
 
159. Suspension  
Where the  coordinator determines that a registrant does not have a suitable or adequate discharge prevention 
and response plan or that the registrant's preventive measures or containment and clean -up capabilities are 
inadequate, the coordinator may, after an adjudicatory hearing pursuant to the regulatory authority provided 
under this  Act, suspend the registrant' s certificate until such time as the registrant complies with the 
requirements of this Chapter.  
 
160. Contingency plans for vessels and facilities  
Every owner or operator covered by this Part shall provide to the coordinator the tank vessel and facility 
response plans as provided under these Regulations.  
 
PART X . LIABILITY OF PERSONS RESPONSIBLE  
 161. Financial responsibility  
(1)  Each owner or operator of a tank vessel with a capacity to carry ten thousand gallons or more of oil as 
fuel or cargo subjec t to the provisions of this Chapter operating within coastal waters or a terminal facility 
shall maintain and furnish evidence of their financial responsibility for costs and damages from unauthorized 
discharges of oil in accordance with these Regulations.   
 
(2) Where a  tank vessel with a capacity to carry ten thousand gallons or more of oil as fuel or cargo covered 
by this Part or terminal facility is not required under the law  to establish and maintain evidence of financial 
responsibility, the owner or op erator of that vessel or terminal facility shall establish and maintain evidence 
in a form prescribed under these Regulations that such registrant or vessel has the ability to meet liability that 
may be incurred under this Part .  
 
(3) After an unauthorized  discharge of oil, a vessel shall remain in the jurisdiction of the coordinator until the 
owner, operator, or person in charge has shown the coordinator evidence of financial responsibility.  
 
(4) The coordinator may not detain the vessel longer than twelv e hours after proving financial responsibility.  
 
(5)  In addition to any other remedy or enforcement provision, the coordinator may suspend a registrant's 
discharge prevention and response certificate or may deny a vessel entry into any port in waters of the state 108 
 
for failure to comply with this regulation.  
 
162. Limitation of liability  
(1) The total of the liability of a responsible party for all damages and removal costs shall not exceed the 
following - 
 
(a) for a tank vessel, the greater of one thousand  two hundred dollars per gross ton, in the case of a 
vessel greater than three thousand gross tons, ten million dollars and in the case of a vessel of three 
thousand gross tons or less, two million dollars;  
 
(b) For any other vessel, six hundred dollars pe r gross ton or five hundred thousand dollars, 
whichever is greater;  
  
(c ) for an offshore facility, the total of all removal costs plus seventy -five million dollars;  
 
(d) For any onshore facility , three hundred fifty million dollars; provided that, for o nshore facilities;  
 
(2)  For the purposes of determining the responsible party and applying this Part and except as provided in 
subregulation (3 ), a mobile offshore drilling unit which is being used as an offshore facility is deemed to be a 
tank vessel wi th respect to the discharge, or substantial threat of discharge, of oil on or above the surface of 
the water.  
 
(3)  The limits of liability provided for in this regulation do not apply if the incident was primarily caused by 
gross negligence or shall ful m isconduct of, or the violation of an applicable government  or local safety, 
construction, or operating regulation by the responsible party, an agent or employee of the responsible party, 
or a person acting pursuant to a contractual relationship with the r esponsible party, except where the sole 
contractual arrangement arises in connection with carriage by a common carrier by rail.  
 
(4) The limits of liability provided for in this regulation do not apply if the responsible party fails or refuses - 
 
(a) to report  the incident as required by law and the responsible party knows or has reason to know of 
the incident; or  
 
(b) to provide all reasonable cooperation and assistance requested by a responsible government 
official in connection with removal activities.   
 
163. Natural resource damages  
(1) In any action to recover natural resources damages, the coordinator, in consultation with any other state 
trustees, shall make the determination whether to assess natural resource damages and the amount of 
damages according  to the procedures and plans contained in the National oil spill contingency plan, and such 
determination shall create a rebuttable presumption of the amount of such damages.  
 
(2) The coordinator may establish the rebuttable presumption by submitting to t he court a written report of 
the damages computed or state funds expended according to the state plan.  
 
(3) The written report shall be admissible in evidence, but the facts surrounding the cause of the unauthorized 
discharge of oil as set out in the repo rt shall be subject to de novo review.  
 
 (4) The coordinator, in consultation with the state trustees, shall develop an inventory that identifies and 
catalogues the physical locations, the seasonal variations in location, and the current condition of natu ral 
resources; provides for data collection related to coastal processes, abandoned pits, facilities, sumps, 
reservoirs and oil spills; and identifies the recreational and commercial use areas that are most likely to suffer 
injury from an unauthorized disc harge of oil.  
 109 
 
 (5)The physical locations surveyed for the inventory of natural resources shall consist of coastal waters as 
defined in this Part and depicted on the official state inland boundary map for coastal waters.  
 
(6) The inventory shall initiall y concentrate on areas exhibiting a high probability for oil spills  
(7) The current condition of selected natural resources inventoried and catalogued shall be determined by, at 
a minimum, a baseline sampling and analysis of current levels of constituent s ubstances selected after 
considering the types of oil most frequently transported through and stored near coastal waters.  
 
(8)  The inventory shall consist of Phase I and Phase II.  
 
(9)  In Phase I of the inventory, the coordinator shall define and coordi nate the formulation of the Oil Spill 
Technical Assistance Program which shall consist of a management and implementation plan for coastal 
waters as defined in this Part.  
 
(10) The management and implementation plan shall provide for data gathering techni ques, monitoring 
protocols, maintaining the state inland coastal waters boundary map and data management during the actual 
inventory and during any response and natural resources damages assessment phase of an unauthorized 
discharge of oil.  
 
(11) The coor dinator shall solicit input from the state trustees and other interested parties. Phase I shall be 
completed by June 30, 1999.  
 
(12) Phase II of the inventory shall consist of the coordinator retaining a manager and program staff within 
the office of the coordinator for the Oil Spill Technical Assistance Program.  
 
(13) In Phase II the coordinator, in consultation with the trustees, shall conduct and maintain an 
environmental baseline inventory.  
 
(14) The environmental baseline inventory shall be develope d and maintained in such a manner that it shall 
provide the coordinator with the technical data regarding the coastal waters before, during and after an 
unauthorized discharge of oil.  
 
(15) The data referred  to under subregulation (14) shall also be avail able to the trustees, other agencies of the 
state and to the potentially responsible party within twenty -four hours after being collected.  
 
(16) The coordinator shall adopt administrative procedures and protocols for the assessment of natural 
resource dam ages from an unauthorized discharge of oil in accordance with NEA.  
 
(17) As developed with the trustees and other interested parties, the procedures and protocols shall require 
the trustees to assess natural resource damages by considering the unique char acteristics of the spill incident 
and the location of the natural resources affected.  
 
(18) These procedures/ guidelines  shall be incorporated by reference in the National oil spill contingency plan 
by December 31, 1997 and shall include provisions which a ddress the following - 
 
(a) notification by the coordinator to all trustees in the event of an unauthorized discharge of oil;  
 
(b) coordination with and among trustees, spill response agencies, potentially responsible parties, 
experts in science and economics, and the public; and  
 
(c) participation in all stages of the assessment process by the potentially responsible party, as is 
consistent with trustee responsibilities.  110 
 
 
(19) The administrative procedures / guidelines shall also require the trustees to do the followi ng- 
(a) assist the on -scene coordinator, during spill response activities and prior to the time that the state 
on-scene coordinator determines that the clean -up is complete, in predicting the impact of the oil and 
in devising the most effective methods of protection for the natural resources at risk;  
 
(b) Identify appropriate sampling and data collection techniques to efficiently determine the impact 
on natural resources of the unauthorized discharge of oil.  
 
(c) Initiate, within twenty -four hours after ap proval for access to the site by the on -scene coordinator, 
an actual field investigation which may include sampling and data collection; the protocols shall 
require that the responsible party and the trustees be given, on request, split samples and copies of 
each other's photographs and videos utilized in assessing the impact of the unauthorized discharge of 
oil.  
(d) Establish plans, including alternatives that are cost -effective and efficient, including natural 
recovery, to satisfy the goal of restoring, rehabilitating, replacing, and/or acquiring the equivalent of 
the injured natural resources.  
 
(20) The administrative procedures and protocols shall also include the following types of assessments 
procedures and deadlines for their completion -  
 
(a) An ex pedited assessment procedure which may be used in situations in which the spill has limited 
observable mortality and restoration activities can be speedily initiated and/or in which the quantity 
of oil discharge does not exceed one thousand gallons; the pu rpose of utilizing the expedited 
assessment procedure is to allow prompt initiation of restoration, rehabilitation, replacement, and/or 
acquisition of an equivalent natural resource without lengthy analysis of the impact on affected 
natural resources; this  procedure shall, at a minimum, require that the trustees consider the following 
items - 
 
(i) The quantity and quality of oil discharged;  
 
(ii) the time period during which coastal waters are affected by the oil and the physical extent 
of the impact;  
 
(iii) the condition of the natural resources prior to the unauthorised discharge of oil;  
(iv) t he actual costs of restoring, rehabilitating, and/or acquiring the equivalent of the injured 
natural resources;  
(b) a comprehensive assessment procedure for use in sit uations in which expedited or negotiated 
assessment procedures are not appropriate; and  
 
(c) any other assessment method agreed upon between the responsible person and the trustees, 
consistent with their public trust duties;  
 
(d) the coordinator, in consultation with the trustees, shall determine, within sixty days of the 
determination by the on -scene coordinator that the clean -up is complete, whether - 
(i) action to restore, rehabilitate, or acquire an equivalent natural resource is required;  
 
(ii) an expedited a ssessment which may include early commencement of restoration, 
rehabilitation, replacement, and/or acquisition activities, may be required; and  
 
(iii)  a comprehensive assessment is necessary.  111 
 
(21) At any time the coordinator, in consultation and with th e agreement of the state trustees, deems 
appropriate, the coordinator may enter into a negotiated assessment.  
(22) The trustees may petition the coordinator for a longer period of time to make the determinations 
subregulation (21) by showing that the full  impact of the discharge on the affected natural resources cannot 
be determined in sixty days.  
 
(23) The coordinator shall complete the comprehensive assessment procedure within twenty months of the 
date of the determination by the state on -scene coordina tor that the clean -up is complete.  
 
(24) The trustees may petition the coordinator for a longer period of time to complete the assessment by 
showing that the full impact of the discharge on the affected natural resources cannot be determined in 
twenty mon ths.  
 
(25)  Any assessment generated by the coordinator shall use the protocols and the procedures implemented 
pursuant to this Part and shall be reasonable and have a rational connection to the costs of conducting the 
assessment and of restoring, rehabil itating, replacing and/or acquiring the equivalent of the injured natural 
resources.  
 
(26) The coordinator shall ensure that the cost of any restoration, rehabilitation, replacement, or acquisition 
project shall not be disproportionate to the value of the  natural resource before the injury.  
 
(27) The coordinator shall utilize the most cost -effective method to achieve restoration, rehabilitation, 
replacement, or acquisition of an equivalent resource.  
 
(28)The coordinator shall take into account the qualit y of the actions undertaken by the responsible party in 
response to the spill incident, including but not limited to containment and removal actions and protection 
and preservation of natural resources.  
 
(29) The potentially responsible party shall make f ull payment or initiate restoration, rehabilitation, 
replacement, or mitigation of damages to natural resources within sixty days of the completion of the 
assessment by the coordinator or, if mediation pursuant to this Subregulation  is conducted, within si xty days 
of the conclusion of the mediation.  
 
(30) To facilitate an expedited recovery of funds for natural resource restoration and to assist the coordinator 
and the responsible party in the settlement of disputed natural resource damage assessments at t heir 
discretion and at any time, all disputed natural resource damage assessments shall be referred to mediation as 
a prerequisite to the jurisdiction of any court.  
 
(31) Results of the mediation and any settlement offers tendered during the mediation sha ll be treated as 
settlement negotiations for the purposes of admissibility in a court of law. Either the coordinator or the 
potentially responsible person may initiate the mediation process, after an assessment has been issued, by 
giving written notice to the coordinator within forty -five days of the date all assessment documents are 
received, who shall in turn give written notice to all parties.  
 
(32) One mediator shall be chosen by the coordinator and one mediator shall be chosen by the responsible 
parties.  
 
(33) Within forty -five days of the receipt of the assessment from the trustees, the mediators shall be 
designated.  
 
(34) The mediation shall end no later than one hundred thirty -five days after the receipt of the assessment 
from the coordinator.  
 
(35)  For the purposes of this Section, mediation shall consist of a minimum of three meetings whereby the 112 
 
mediators seek to facilitate a consensus decision by trustees and the potentially responsible party concerning 
all aspects of the assessment.  
 
(36) A ny assessment issued by the coordinator shall be subject to a public hearing, if requested, and 
comment period of no less than thirty calendar days.  
 
164. Regional Restoration planning programme  
(1) To assist in making the natural resource damage assessme nt process more efficient, the Regional 
Restoration Planning Program, encompassing the entire geographic area of the state, is established in the 
office of the oil spill coordinator.  
 
(2) The office of the oil spill coordinator shall develop and implement  the program in coordination with the 
state natural resource trustees.  
 
(3) The office of the oil spill coordinator is authorized to employ additional staff members to implement, 
administer, and manage the program.  
 
165. Defenses  
(1) A person shall not be liable under the provisions of this Part if the discharge resulted solely from any of 
the following -  
(a) An act of God, war, or terrorism;  
 
(c) an act of government, either central or local government;  
 
(d) an unforeseeable occurrence exclusively occasioned by  the violence of nature without the 
interference of any human act or omission.  
 
(2) The shall ful misconduct or a negligent act or omission of a third party, other than an employee or agent 
of the person responsible or a third party whose conduct occurs in  connection with a contractual relationship 
with the responsible person, unless the responsible person failed to exercise due care and take precautions 
against foreseeable conduct of the third party.  
 
166. Claims against third parties  
If a responsible pe rson alleges a defense under ……….481 the responsible person shall pay all removal costs 
and damages; however, the responsible person shall be subrogated to any rights or cause of action belonging 
to those to whom such payment is made.  
 
 
Site Investigation  Procedures  
167. Site investigation  
(1) The source(s) of a spill is sometimes readily apparent or is identified when a spill is reported.  
 
(2) In other cases, you shall  have to piece together information derived from interviews, from your inspection 
of th e site and surrounding area, from records, and from testing and sampling data to isolate the most 
probable spill sources.  
 
(3) The responsible person shall start the search  by examining potential sources within a few hundred feet of 
the discovered spill o r nuisance condition and then expand the search radius uphill, up gradient , or upstream.  
 
(4) It is possible that the spill's source may never be conclusively identified especially a problem in urban 
settings.  
 
(5) The process of identifying the spill sour ce can also involve backtracking from a discovered nuisance 
condition to the probable source area including by  moving up gradient  (in the case of liquid and gaseous 113 
 
product) or down gradient  (in some cases with vapors) along sewer manholes from the locati on of the 
discovered nuisance condition.  
 
(6) The responsible person/inspector shall examine the following records (see page 29):  
(a) equipment installation and maintenance data;  
 
(b) inventory records;  
 
(c) precision testing records;  
 
(d) repair records;  
 
(e) records of the water content in, or any water pump -outs from the tanks; and  
 
(f) records for any previous tank removal or abandonment projects.  
 
(7) Documenting property ownership and responsibility for the spill is important to ensure that spillers  clean 
up spills themselve s or reimburse the state for funds spent in a state directed clean -up.  
 
(8) Documentation concerns, shall not, however, outweigh the emphasis you place on your primary concern: 
protection of human health and the environment and mitigation of environmental  damage.  
 
(9) Site investigation methods for determining the extent of contamination vary to some degree for surface, 
subsurface, and structural contamination due to a spill.  
 
 168. Site Investigation Procedures  
(1) During the investigation of a spill and spill site a standby contractor or the spiller shall  collect the  
information that may  be used to  judge the degree of human health and/or environmental hazard posed by the 
spill.  
 
(2) This information under  subregulation (1) establishes the need for and th e extent of clean -up and , 
eventually whether the clean -up can be discontinued.  
 
(3) For spill response, site  investigation shall  also involve making on -the-scene inquiries and inspections and 
doing a records search, when necessary, to establish responsibi lity for the spill.  
 
(4) A site investigation shall be a continuous activity that starts with receipt of the spill report and the first 
visit to the site and ends with preparation of the Investigative Summary Report (ISR).  
 
(5) In some cases, only a brief  examination of the spill site, a limited records search, and a review of some 
sampling data may be all that is needed for you to reach a reasonable judgment on the degree of clean -up 
necessary and in other cases, you, a spill contractor, or a spiller shall spend several weeks or months 
collecting and analysing  data until an informed decision can be made.  
 
(6) While a set of investigation procedures may be useful for one spill and inappropriate for another, it is 
possible to group the various activities int o these categories - 
(a)  identifying the type and source of the spill;  
 
(b) determining the site history and property ownership;  
 
(c) determining the extent of surface, subsurface  and (occasionally) structural contamination; and  
 
(d) documenting the site investigation.  
 114 
 
(7) Otherwise, physical factors such as geological conditions; the presence and depth of sewers, basements, 
and wells; the amount of material spilled; the proximity of sensitive populations and surface water; the 
relative congestion of the area; and many o ther variables shall  determine the course of an investigation for a 
particular spill and site.  
 
(8) The Part provides general  guidance for each of the basic site investigation activity areas outlined above, 
as well as guidelines for the design, conduct, a nd interpretation of sampling and analytical activities.  
 
169. Site Investigation Objectives  
The purpose of site investigation is to - 
(a) determine Spill Type and Type of Release (Sudden or Long -Term)  
(b) underground storage tank  
(c) aboveground storage tank  
(d) tank tru ck 
(e) other  
 
170. Determine Spill Location  
The determination of spill location shall state - 
(a) the facility name & address;  
(b) the type of the facility;  
(c) if  it is transportation spill, name of road and corresponding mile markers and/or cross roads; 
and  
(d) primary an d principal aquifer determination.  
 
171. Determine Product Type  
The determination of the product type shall state whether the spilled oil is - 
(a) crude oil;  
(b) leaded gasoline;  
(c) unleaded gasoline;  
(d) diesel fuel;  
(e) fuel oil ;  
(f) kerosene;  
(g) jet fuel;  
(h) used oil;  
(i) other includ ing vegetable oil; and  
(j) Unknown.  
 
172. Other matters  
The responsible  person/NEMA/PEPD/local authority shall also determine - 
(a) the  date the  pill was discovered;  
(b) the discovery Method (e.g., tank test failure, vapors in home);  
(c) if Fire/Explosion Hazard exists;  and 
(d) determine threatened or impacted resources including - 
(i) soil; 
(ii) national park/ game reserve  
(iii) forest;  
(iv) ground water;  
(v) surface water;  
(vi) storm sewer;  
(vii) wetland; or  
(viii) other  
 
172. Determine Need for Immediate Clean -Up Actions  
The responsible person shall state the imm ediate clean -up actions - 115 
 
 
(a)  the selected and called out a standby contractor, if needed;  
 
(b) the immediate fire and safety hazards are being addressed;  
 
(c) the spill has been stopped, if the source is known; and  
 
(d) readily apparent free product has been confined an d removed.  
 
173. Additional  
(1) Any on -site investigation cannot begin safely until all imminent health and safety hazards are under 
control and initial measures have been taken to minimize the impact of the spill.  
 
(2) To properly conduct a site investig ation you shall  possess or have access to a wide range of specialized 
skills.  
 
(3) The  person  directing the clean -up or overseeing an RP -directed clean -up, shall have expertise in or, at a 
minimum, access to good references on the chemistry, health effe cts, and environmental behaviour  of 
different petroleum and chemical products.  
 
(4) The persons referred to under subregulation (3) shall  know how to locate, work with, and/or interpret 
aerial photographs, tax records, and other legal documentation to es tablish property ownership and 
operational details (i.e., the possible identity of the spiller) and for subsurface spills, like those from 
underground storage tanks,  the persons shall  need to be familiar with geological and hydrogeological 
principles (as well as have access to the experts) in order to make decisions about locating monitoring pits 
and/or wells and to interpret the complex, and sometimes confusing, monitoring data that are generated over 
time.  
 
(5) Each spill responder  may not to be or beco me an expert in all the skill areas encompassed by a site 
investigation but other standby and other spill response contractors can supply much of the needed expertise.  
 
 174. Identifying the Type of Spilled Material  
(1) Determining the type and volume of material spilled very early in the spill investigation process is 
critical.  
 
(2) The information obtained under subregulation (1 ) is important in determining what levels of personal and 
respiratory protection may be required so that you are prepared befor e you arrive on the spill scene and 
BSPR‘s  authority to clean up spills using state monies  is limited to spills of petroleum products.   
 
(3) Although spill responders assist in the emergency response to a hazardous material spill, the clean -up of a 
hazardo us material spill is the responsibility of the Hazardous Waste Remediation Division  
 
(2)  Where the spilled material is a non -petroleum product , the responsible person shall contact the  relevant 
government agency/ NEMA.  
 
(3) For sewage or non -hazardous ma terial spills (e.g., vegetable oil or dairy products) contact the Regional 
Directorate of Water.  
 
(4)  For gaseous releases and hazardous material spills, contact the NEMA.  
 
(5) Knowing the physical/chemical properties of the spilled material can help dete rmine - 
 
(a) the identity of the spill's source (if not already known);  
 116 
 
(b) how the material may have spread in the environment (e.g., it is very volatile or very soluble in 
water);  
 
(c) how much of a health and/or environmental hazard the spill may represent (e.g., i t is flammable); 
and 
 
(d) what initial and longer -term corrective action measures may be needed to clean up the spill (e.g., 
the material binds tightly to soils).  
 
(6) Where the  source of the spill is known (e.g., an overturned tanker truck or a leaking above ground tank), 
the responsible person shall get  information on the characteristics of the spilled material from the 
owner/operator or through other technical assistance agencies.  
 
(7) The responsible person shall order a laboratory analysis of samples of th e material to verify the 
information provided by the owner/operator.  
 
(8) Obtaining a sample of the material spilled is even more critical when the source of the spill is unknown or 
in dispute.  
 
(9) The responsible person shall  learn as much as possible from the physical characteristics of the material 
such as its color, odor, or viscosity for  example, super unleaded gasoline is often pink in color and a  fuel oil 
shall  be very viscous, almost asphalt -like (see also Attachments 1.4 -1 and 1.4 -2). Many pet roleum products 
shall  leave a sheen on water.  
 
(10) The characteristic  obtained under subregulation (9) can be tested for by means of the so -called "jar test" 
where contaminated soil is placed in a jar of water, shaken, and allowed to settle to see if an  oil sheen forms 
on the water surface.  
 
(11) The responsible person may also use some direct -reading instruments to establish the presence 
qualitatively and, in some cases, the identity of a contaminant.  
 
(12)  If substance spilled is believed to be volat ile, the following instruments can be used to obtain direct 
readings of vapors coming off the spill mass, contaminated water, or an area or sample of contaminated soil 
for example  Photoionization Detector detects most organic and selected inorganic compou nds. 
 
175. Documenting the Site Investigation  
(1) The responsible person shall keep  a chronological record of the site  investigation activities for each spill 
whether it is a personal field logbook or completed Job Inspection Reports and  comments on the information 
collected . 
 
(2) In maintaining records under subregulation (1), the responsible person shall distinguish facts  are from 
guesses or estimations and shall not record personal comments that could be regarded as offensive or make 
allegations in your field notes.  
 
(3) The  notes under subregulation (2)  become part of the official case file, and as such, may be subject to 
legal scrutiny and it is, therefore, best to restrict  entries to observations of fact.  
 
(4) The following information and illustra tions shall be included  in the spill case records - 
(a) a simple site and vicinity map;  
(b) dates and times of activities and findings;  
(c) names and titles of principal people involved in a specific event;  
(d) source(s) of information;  
(e) photographs of site conditions; and  
(f) other unusual or noteworthy events you feel are important.  117 
 
 
(5) The worksheets  provided as an attachment to this regulation may  be useful for organizing the information 
collected in a site investigation.  
 
(6) The information contained in the chronological  record shall be used to prepare the Investigative 
Summary Report (ISR), which is the official document of the findings from the investigations.  
Documentation.  
 
 176. Site Restoration  (Guidelines)  
(1) Almost every spill investigation or clean -up shall  involve disturbing the site area in some way and the 
time, effort, and money to be invested in  restoring a site shall  depend on a number of factors which may vary 
by site and circumstance.  
 
(2) The following  are some general gui delines for making  the decis ion und er sub regulation (1) - 
 
(a)  make sure the affected parties understand what you intend to do and the possible consequences of 
those actions before you start any spill investigation/clean -up; 
 
(b) in cases of a suspected leaking tank, explain to the owner tha t you may - 
 
(i) test the tank system, and if the system tests tight and there is no other evidence of a 
problem, the site shall  be restored by the responsible person/operator ; 
 
(ii)  test the tank system, and if the system is found to be leaking , remove  the tanks and 
contaminated soil; possibly install monitoring wells and recovery system and restore  
the site to a safe condition only.  
 
(c)  explain that due care shall  be exercised to minimize the impact of the investigation/ clean -up 
work, but that this wor k has to be done to protect the environmen t/public health and in some cases 
this shall  give the owner added incentive to clean up the spill himself or herself;  and  
 
(d) when dealing with other parties affected by the spill, but not the cause of the spill,  explain that the 
site shall  be restored to as close as possible to the original conditions, but that you are not authorized 
to do additional work for example, if you remove part of a gravel driveway, you shall  replace it with 
a gravel driveway, not a blac k-top driveway.  
 
177. Suggested recordkeeping practices checklist for spill investigations (Guidelines)  
(1) A spill investigator  shall - 
(a) fill out Spill Report Form with information received from caller;  
 
(b) phone parties with information on spill and record contac ts including the  spiller, witnesses  
and  other  agency personnel ; 
 
(c) record information gained in initial visit to spill site, including date and time of visit, your 
observations, statements by witnesses, statements by alleged spiller, actions taken  using  Job 
Inspection Form or keep log book;  
 
(d) add brief summary to Spill Report Form;  
 
(e) attach additional notes/reports to Spill Report Form;  
 
(f) attach media reports or reports from other agencies; and  
 
(g) stick to factual events; no allegations or personal comments.  118 
 
 
(2) The spill investigator  shall in addition make a more detailed report on spill if subsequent visits to site are 
necessary covering the chronological events - 
 
(a) including the  names and titles of principals involved in spill;  
 
(b) stating if and when samples, measurements , where taken;  
 
(c) including dates and times , if possibl e, of events such as contractor call -out or when alleged 
spiller was directed to start clean up;  
 
(d) including  any other information you deem important; and  
 
(e) including  maps and refer to them i n reports.  
 
(3) The spill investigator  shall take all samples in accordance with approved procedures and follow quality 
assurance/quality control guidelines and record time, date, and location of samples taken.  
 
(4) The spill investigator  shall take pictur es of site features, path of spill , if evident , source of spill, free 
product , if evident , sampling locations and number and date all pictures and indicate location and direction of 
picture taken on reverse side.  
 
178. Containment, recovery and  applied re sponse technology containment of oil  
(1) Booms may be used as the prim ary method to contain, deflect or exclude oil floating on water.  
 
(2) Containment booms maybe classified according to form or location of use and shall have  the following 
characteristi cs- 
(a) a flotation unit or freeboard designed to contain or divert the oil as well as to resist oil splashing over 
the top;  
 
(b) a skirt or curtain to prevent oil from being carried beneath the boom;  
 
(c) a  longitudinal strength member (usually, cable, chain, or hig h tensile strength fabric) that serves to 
join boom sections and provide anchoring points; and  
 
(d) a ballast unit or weight designed to hold the skirt perpendicular to the current flow.  
 
(3) Containment booming encircles and contains floating oil so that it c an be collected and removed.  
 
(4) A simple spill in calm weather and with minimal current movement can be contained by stretching a 
boom across a waterway perpendicular to the path of the spill.  
 
(5) Deflection booming shall attempt  to deflect a slick to wards a more desirable recovery site and deflection 
booming shall be used  when swift currents render containment booming ineffective.  
 
(6) Exclusion booming is largely a protective measure.  
 
(7) Instead of being deployed to contain or deflect the oil slic k, exclusionary boom shall be used to protect 
sensitive areas such as marshlands, water intakes, and shorelines by keeping oil out of an area.  
 
(8) Exclusionary booming may have to be coupled with deflection booming to provide the best protection 
and o il spilled on land shall be contained with earthen berms, underflow dams, trenches, hay bales, and 
similar methods.  
 119 
 
 179. Mechanical Recovery of Oil  (Guidelines)  
(1) On surface waters, mechanical clean -up may be accomplished by containment booming, skimming, and 
use of vacuums to recover oil from the surface of the water.  
 
(2) The effectiveness of open water skimming operations shall  be determined by oil encounter rates and sea 
state which collects from 20 to 30 percent of the oiled spilled.  
 
(3) Vacuum trucks  may be used  to suck up oil and water that has been contained within boom.  
 
(4) ―Sorbent pads‖, ―pom poms‖, rags, and similar materials may be deployed for the oil to adhere to, as a 
basic method of oil recovery; but this may add  to the amount of waste deb ris generated by a spill.  
 
180. Applied response technologies, generally  
(1) The National Contingency Plan (NCP) shall require that all ARTs be approved by the NEMA, Regional  
Response Team (RRT) /Local government prior to use in spill response.  
 
(2) The o perator may authorize the use of chemical and biological countermeasures without the concurrence 
of the RRT in situations hazardous to human life.  
 
181.  In Situ Burning  
(1) ―In situ burning‖ means burning the oil in place as a means of removal and can  occur on fresh waters or 
on land to remove  the surface oil by driving much of it into the atmosphere in the form of combustion gases 
and soot.  
 
(2) The operator /NEMA shall compare the effects of burning versus not burning and choose the option that 
provide s the greatest net benefit to the environment, without causing undue public health impacts.  
 
(3) For on -water in situ burn operations, oil shall  be contained in o rder to maintain a minimum burn 
thickness.  
 
182. Dispersants  (Guidelines)  
(1) Dispersants are  chemicals that are applied directly to an oil slick.  
 
(2) The key components in chemical dispersants are surface active agents called surfactants and may assist  
with breaking up the slick into small droplets ranging in size from a few microns to a few millimetres .  
 
(3) Chemical dispersants do not cause the oil to sink, but moves the oil fro m the surface of the water into 
suspension in the water column.  
 
(4) By removing the oil from the water surface, birds, marine mammals, t urtles, and sensitive coastlin e and 
marine resources are protected, but at the potential expense of water column resources.  
 
(5) When in  the water column, the oil is diluted to less harmful levels, and eventually is used as a food 
source by bacteria.  
 
(6) Dispersed oil may pose toxici ty to juvenile and sensitive -life-stage organisms within the water column 
for up to a few hours after a dispersant application, depending on concentrations and mixing.  
 
(7) The use of chemical dispersants is an environmental trade -off, and use of net envi ronmental benefit 
analysis is a good method for evaluating the appropriateness of using dispersants.  
 
(8) Dispersants also require a threshold level of energy, such as a breaking wave, to allow for the chemical to 
properly mix with the oil, and partition i nto the water column  and may be effective in areas where 
environmental or logistical considerations shall  not allow the deployment of clean -up equipment and 120 
 
personnel.  
 
(9)  Dispersants are generally most effective if used within 24 hours after the spill o ccurs, but many factors 
can extend or reduce the ―window of opportunity‖ for the use of chemical dispersants.  
 
(10) Chemical dispersants shall  be licensed/ approved by NEMA before they can be considered for use in 
state waters.  
 
(11) NEMA shall evaluate  the need to use chemical dispersants during each spill.  
 
183. Oil spill clean -up agents – other chemical countermeasures  
(1) A n oil spill clean -up agent  is  any chemical, or any other substance, used for removing, dispersing, or 
otherwise cleaning up oil o r any re sidual products of petroleum in  or on, any of the waters of the state.  
 
(2) The clean -up agents referred to under subregulation (1)  include vaso -elastizers; beach/shoreline cleaners; 
herding agents; solidifiers; and emulsion treating agents and h ave some use in addressing specialized areas of 
oil spill clean -up, but considering use limitations; they are not a primary response option.  
 
(3) The approval and use of these products within state waters is under the jurisdiction of the NEMA.  
 
 184. Biological c ountermeasures  (Guidelines)  
(1) Use of biological countermeasures, or bioremediation, involves  the use of specially developed organisms, 
or environmental, or chemical enhancement of indigenous bacteria.  
 
(2) Biological countermeasures may be used to b reak down oil more quickly than would occur without their 
introduction into the area of a spill.  
 
(3) Bioremediation is a treatment technology that enhances existing biological processes to accelerate the 
decomposition of petroleum hydrocarbons and some ha zardous wastes.  
 
 (4) Bioremediation shall  be viewed as a polishing agent for the final stages of clean -up rather than as a 
primary response tool - especially considering the slow rates of reaction to degrade the oil.  
 
Communications  
 185. General Summary  
(1) For small incidents, communication shall  likely be by cell phone or standard radio frequencies.  
 
(2) For larger incidents, the Unified Command shall  establish a formal Communications Plan.  
 
(3) Communications on -scene by VHF -FM radio shall  likely be conducted on frequencies designated by the 
UCC.  
 
Disposal  
186. General Summary  
(1) Early during a spill, a rough estimate of the total volume of the spill shall be made  to determine 
equipment and personnel needs for disposal issues.  
 
(2) Since, early esti mates of spill size are often either unavailable or of questionable accuracy, on -site 
estimations are generally necessary and a rough estimate of spill volume may be attempted by considering 
slick size and thickness.  
 
(3) As oil and oiled debris are collec ted they shall  be segr egated and placed in a designated area and recovery 
operations need shall  be simultaneously coordinated with disposal operations.  
 121 
 
(4) The person  performing Planning and Operations duties shall develop  a disposal plan.  
 
(5) Where the spill is large then a Disposal Group Supervisor shall  be designa ted and a formal Disposal 
Group shall  be established in the Operations Section.  
 
(6) Oily debris may include sorbents and protective clothing, vegetation, carcas ses, dirt, and other material s 
and o il and oiled materials shall  have to be characterized as hazardous waste or non -hazardous waste and 
then handled accordingly  in accordance with the National Environment (Waste Management) Regulations . 
 
(7) Issues such including  interim storage, long -term storage, transportation, and ultimate disposal or re -use 
shall  have to be addressed  in the Disposal Plan . 
 
(8) The operator, responsible person shall  quantify how much spilled oil is actually recover ed and collected, 
if possible to establish  that so me amount of harmful oil has been removed from the environment.  
 
(9) The operator/responsible person shall determine the injury and damage caused by the spill.  
 
(10) Natural materials that are oiled including vegetation, soil or carcasses  shall  be separa ted and quantified 
prior to final disposition.   
 
(11) Carcasses may need to be retained as potential evidentiary material.  
 
(12) When oil is skimmed from surface waters, much of the recovered materi al is water, in addition to the 
oil; thus, storage contai ners fill -up with more water than actual product.  
 
(13)  To help maintain available storage space for actual product, sometimes the recovered water may be 
decanted back into the surface water body.  
 
(14) Decontamination  of people and equipment is a large disposal issue  and may be an additional waste 
stream . 
 
(15) Under the Recovery and Protection Branch, the Decontamination  Group Supervisor is responsible for 
decontamination  of personnel and response equipment.  
 
(16) Containment, and transport of oily mate rials to temporary storage sites would not need manifesting or 
facility permits but transport away from temporary storage site may need permits  in accordance with the 
National Environment (Waste Management) Regulations .  
 
(17) The material shall  be charact erized; if the material is deemed hazardous waste, then additional 
requirements shall  apply.  
 
(19) Recovery, handling, and disposal actions need to be compliant with the National Environment (Was te 
Management) Regulations .  
 
The oil spill contingency plans  shall contain  disposal sections further describing the specifics of 
characterization and handling.  
 
SECTION X I – RESPONSE FUNDING AND COST RECOVERY  
187. General Summary  
(1) The person or entity that caused the spill or who owns the oil is responsible for  all costs incurred by spill 
responders related to the incident including, but not limited to, costs for containment, clean -up, disposal, 
remediation, and rehabilitation, in addition to any other liability which may be provided for by law.  
 
(2) If the Resp onsible Party is unable or un willing  to pay for adequate clea n-up, there are several funding 122 
 
sources available to government agencies to pay for response and clean -up of oil spills.  
 
(3) Generally, expenditures related to an oil spill in the lake  shall be paid from the Oil Spill  
Response Trust Fund.   
 
 (4) Agencies designated to implement this Plan shall  document and account for all State expenditures  made 
under the Plan with respect to each oil spill and shall  pay attention to accurately documenting their costs 
incurred during the response in order to successfully recover those costs from the responsible party or an 
available fund.  
 
(5) Regardless of the state funding source, expenditures that are r ecovered or reimbursed from the 
Responsible Party or anothe r source shall  be deposited into the fund from which they were expended.  
 
188. Fish & Wildlife Pollution Account  
(1) The Fish & Wildlife Pollution Account (FWPA) is administered by the Department of Fisheries/ UWA.  
 
(2) The FWPA money through successful c ost recovery and penalties collected from the responsible party.  
 
 189. Oil Spill Response Trust Fund  
(1) The ministry of energy/NEMA/Authority shall set up a spill response Trust Fund  
 
(2) The OSRTF is only available for oil spills of 42 gallons or more into e the state  waters  to- 
 
(a) provide funds to cover promptly the costs of response, containment, and clean -up of oil spills into 
marine waters, including damage assessment cos ts, and wildlife rehabilitation;  
 
(b) cover response and clean -up costs and other dam ages suffered by the state or other persons or entities 
from oil spills into marine waters, which cannot otherwise be compensated by responsible parti es or 
the federal government;  
 
(c) pay claims for damages where there is a final judgment that has not been pa id, or where the 
responsible party cannot be ascertained or is otherwise not liable, or where the r esponsible party 
refuses to pay; and  
 
(d) pay indemnity and related costs and expenses associated with claims against persons or companies 
providing authorized a nd appropriate response efforts.  
 
(e) pay for the costs of rescue, medical treatment, rehabilitation, and disposition of oiled wildlife ; and  
 
(f) cover the costs of assessing the impact on human consumption of fish and shellfish species impact ed 
by marine spills.  
 
 
Corrective Action for Oil Spill  
 190. Corrective Action  
(1) Each spill incident is unique in terms of - 
 
(a) the type and volume of the substances released;  
 
(b) the complexity of the spill site; and  
 
(c) the resources including  equipment, labor, and working s pace available to respond to the incident.  
 123 
 
(2) A constant re -evaluation of the choice of corrective action measures is necessary throughout the entire 
course of a clean -up effort.  
 
(3) This regulation  provides guidance to help in  choosing  which correct ive action measures could be 
employed at a spill site and addresses both the shorter -and longer -term remedial measures for spill clean -up, 
consists of a general strategy to guide  in selecting an appropriate technology, including problem -specific 
discussio ns covering the technology options and their uses and limitations.  
 
 191. Corrective Action  
(1) The overriding priority for corrective action technology selection is ensuring that human health and the 
environment are adequately protected and that environme ntal damage is mitigated.  
 
(2) This goal under  subregulation (1) may be  achieved, in part, by ensuring that the technologies selected 
and their operation comply with OSCP and other applicable laws , including those for the handling of spill 
residuals and  debris.  
 
(3) The corrective action technologies currently available for  spill management and clean -ups are shall be 
classified in terms of their capabilities, relative cost, design and installation standards, and operation and 
maintenance requirements.  
 
(4) The type and volume of the substances released, the complexity of the spill site, the impacts of the  spill, 
and the resources including  equipment, labor, and working space available  to respond to the incident makes 
each spill incident unique and theref ore, sometimes a best technology choice among the available corrective 
action options may not be clear . 
 
(5) The Operator /responsible person  shall re -evaluate the choice of corrective action measures taken 
throughout  the course of a clean -up effort to ensu re adequate protection of human health and the 
environment and mitigation of environmental damage.  
 
(6) Operators shall ultimately rely their professional experience and judgment to make the final choices.  
 
(7) The operator shall undertake an ―exposure ass essment, ‖ to establish  the contaminant concentrations at 
the source of the spill, the routes by which individuals may be exposed to the contamination, and the 
contaminant concentrations to which individuals are being exposed.  
 
(8) The assessment under subr egulation (7) is basically what a s ite investigation is all about along with 
establishing responsibi lity for the spill, if possible  and is one of the main responsibilities of a spill responder.  
 
(9) Spill responders shall also  evaluate the risks posed by a  spill, to a degree, but they shall not conduct a 
"quantitative risk assessment" .  
 
(10) The purpose of a risk assessment shall be  to establish quantitatively the health risk posed to an 
individual by exposure to a certain level of contamination over a spe cified  and usually prolonged  period of 
time.  
 
(11) Quantitative risk assessments shall be made  in the process of setting health -based quality standards by 
the health department or other agencies and not by spill responders . 
 
(12) NEMA, PAU and PEPD shall compile a list corrective action technologies currently available for spill 
management and clean -up are summarized.  
 
192. Selection of corrective action technologies  124 
 
(1) As a general rule,  the operator shall  select commercially proven technologies that are readily accessible 
through the contractors are  hired for spill clean -up and pay attention to regulatory limitations such as air 
regulations limiting volatile emissions  that can preclude the use of certain technologies.  
 
(2) The operator may draw upo n his or her expertise of spill  clean -up contractors concerning the 
performance and efficiency of different corrective action technologies, but shall be the final judge of which 
technology to use.  
 
(3) Achieving the goal under subregulation (2) extends to ensuring that the technology operates properly 
once it is implemented and that it complies with all relevant federal, state, and local requirements or 
standards.  
 
(4) Where a significant immediate hazard exists, it might be appropriate to select technologi es that provide 
quick results even though they may be more expensive.  
 
(5) Alternatively, choosing a more cost -effective alternative, provided that the use of that alternative would 
not substantially increase long -term risk, may be appropriate for clean -up situations that do not pose 
significant imminent hazards that shall  be remedied quickly; for example,  venting of soils contaminated 
with gasoline may be too slow a process to adequately protect human health, or the secondary impact from 
the released vap ors may be unacceptable, excavating this soil might, therefore, be the better alternative, even 
though excavation is potentially more costly.  
 
(6) To illustrate how to structure a logical assessment of available alternative  technology choices, the 
operator  shall  consider factors needed to evaluate are the implement ability , long -term effectiveness, and 
cost-effectiveness of each alternative technology option.  
 
193. Implement ability  (Guidelines)  
(1) One of the more obvious criteria that a corrective -action technology shall  meet is that it be feasible to 
implement.  
 
(2)  B efore selecting any remedial technology for a spill, the operator shall sift through the available options 
to determine which ones are physically, technically, and administratively feasible and applying these criteria 
can significantly narrow down the list of appropriate remedial options for a particular spill site.  
 
(3) The physical limitations and features of a spill site can often restrict the kinds of technologies that can be 
implemented at that site and therefore there is need to  evaluate the accessibility to and physical limitations 
of a site before selecting a remedial action technology.  
 
(4) The site -specific terrain or the location of roads, buildings, and underground or overhead util ity lines to 
preclude the use of certain technology options that would otherwise be appropriate; for example , 
contaminated soil next to or underneath buildings cannot be excavated easily, if at all, without threatening 
the structural integrity of the build ings and therefore in -situ soil treatments may be the only feasible 
alternative in this instance.  
 
(5) S ites for which there are no sewers, streams, or other surface waters to discharge to may not offer any 
means for disposing of large volumes of treated ground water that cannot be re -injected into the ground.  
 
(6) In  cases referred to under subregulation (5) , it may be necessary to pump the treated water to tanks for 
transport to another location where disposal of the water is possible and under these circumstances, it would 
not be advisable to use a technology that generates large volumes of treated water.  
 
(7) Physical limitations may force the exercise less than your optimal choice for where to locate a 
technology;  for example, when a site owner does n't allow access to a piece of property on which you believe 
a free product recovery well shall  be located for optimum recovery efficiency.  125 
 
 
 (8) In addition to being physically feasible, a technology shall  be technically feasible.  
 
(9) Using a technology like air stripping or soil venting, for example, is not very technically feasible in the 
case of an older gasoline spill, since most of the volatile contaminants shall  have volatilized from the spill 
mass.  
 
(10) Subregulation (9) apply to a spill of any s ubstance that is not particularly volatile; for example of 
technical infeasibility would be attempting to use a free product recovery technology designed for floating 
product spills when the substance spilled has a density greater than water and has passed  into the aquifer and 
does not float on the water table.  
 
(11) Where a remedial alternative is both physically and technically feasible, it shall  also be administratively 
feasible; for example, it may be technically feasible and cost effective  to discharge  the effluent from an air 
stripper to a municipal wastewater treatment plant, but the municipality in which the wastewater treatment 
plant is located shall  grant permission to discharge and such approval may not always be granted.  
 
(12) A similar problem  in subregulation (11) may  occur if a sanitary landfill refuses contaminated soil, 
citing technical or space constraints or public or political pressure not to accept the soil.  
 
(13)  A ny corrective action technology whose implementation would pose the ki nd of physical, technical, or 
administrative problems discussed above could render the option infeasible.  
 
195. Long -term effectiveness  
(1) A spill clean -up may take a long time to complete.  
 
(2) Many technology options require maintenance and monitoring to ensure they remain efficient and 
effective over time.  
 
(3) The operator shall choose remedial technologies that can realistically be kept effective for long -term 
corrective action given the often greater resource demand of technologies that shall  be ope rative over the 
long term.  
 
196. Cost -Effectiveness  
(1) The balancing of relative cost and effectiveness shall  be the last factor considered in selecting a 
corrective action technology after other criteria have been applied to narrow down the choices.  
 
(2)  In evaluating cost -effectiveness, the operator shall consider the long -term demands for operating, 
monitoring, and maintaining the selected technology in addition to the initial capital costs; for example, 
carbon adsorption units can often involve a very  low initial capital outlay and might be judged attractive on 
that basis alone.  
 
(3) However, where  you add in the costs of replacing the activated carbo n beds over time and taking and 
analysing  water quality samples at some frequency, the combined costs  for start -up, operation, and 
maintenance may exceed the cost of another, initially more expensive, corrective action technology option.  
 
(4)The operator shall not be restricted to choosing one technology option based on  the cost -effectiveness 
criterion.  
 
(5) The cost -effectiveness of a clean -up may be  enhanced by combining two or more technology options; for 
example, air strippers and activated carbon adsorption units are common technologies used for ground -water 
treatment  and e ach can be used alone to cl ean up a spill; however, using these technologies together to treat 
contaminated ground water can offer significant cost efficiencies.  
 126 
 
(6) An air stripper may be used as a first -stage treatment process to reduce 90 to 95 percent of the 
contamination, and  an activated carbon unit can be used as a second -stage treatment to remove the 
remaining contaminant concentration.  
 
(7) The extra contaminant -removal capability that is realized when both techniques are used may reduce the 
contamination to such an exten t that the final effluent can be disposed of in a sanitary sewer or discharged to 
surface water near the site, which otherwise would not be possible if the air stripper were used alone.  
 
(8) Combining the  technologies may prolong the service life and redu ce the operation and maintenance cost 
of using an activated carbon unit including  the carbon bed is not used up as rapidly, and thereby increase the 
cost-effectiveness of the treatment system.  
 
(9) While these Regulations cannot provide the  operator with  step-by-step instructions that, in effect, tell the 
operator to  choose technology X under site conditions A, B, and C, the examples illustrated above shall 
guide in making a reasonable choice of technology that is based on a careful evaluation of all relate d factors.  
 
 
Exposure and Risk Assessment  
197. Guidance summary -at-a-glance  
(1) In each spill response, the decisions the operator makes  shall  be based on the assessment of the degree of 
safety and health hazard associated with a spill of a petroleum commo dity, product or hazardous substance.  
 
(2)  Each spill response  shall involve the application of exposure assessment techniques and may involve an 
assessment of health risk.  
 
(3) This regulation describes the application of exposure and risk assessment tec hniques in spill response.  
 
(4) Generally, spill responders shall  concern themselves only with exposure assessments.  
 
(5) The exposure assessments  shall identify the possible health and safety risk to the public and spill 
response personnel, the areal exte nt of the contamination, the populations affected by the spill, and the 
contaminant concentrations at all exposure points.  
 
(6) Spill responders shall not perform quantitative risk assessments.  
 
(7) Quantitative risk assessments  shall pick  up from where a n exposure assessment leaves off and involves 
calculation of the carcinogenic and non -carcinogenic risks for all exposure points.  
 
(8)  The  assessments shall be conducted by the health department in consultation with the NDA.  
 
(9) Th e application of exposu re and  risk assessments to any type of spill may be described in the context of 
four different situations confronting the spill respond - 
 
(a) situation 1; an obvious safety and health hazard exists;  
 
(b) situation 2; clean -up standards are available for all of the  constituents of concern for comparison to 
site conditions;  
 
(c) situation 3; clean -up standards do not exist for all of the constituents of concern for comparison to 
site conditions; and  
 
(d) situation 4; the clean -up is unable to achieve the established clean -up levels and there is a question as 
to whether the clean -up can and shall  be terminated.  
 127 
 
(10) The  situations under subregulation (9) represent a range from the less complex to the more complex 
application of quantitative exposure and risk assessment techni ques.  
 
Communication Plan  
198. Communi cation system  
The National Communication System shall incorporate interrelation  among  the bodies of Preparedness and 
response organization and at the same time the continuous follow -up of th e progress of the crisis by the 
National Oil Spill Response Committee through the National Incident Command.  
 
199. Notification Cycle  
(1) The notification cycle is complete when the following bodies hav e been notified of the incident - 
 
(a) National Oil Spil l Response Committee;  
(b) The NEMA;  
(c) PEPD;  
(d) Authority;  and  
(e) the National Incident Commander and the provincial Commands.  
(2) The first one of the entities  referred to under subregulation (1)  to be notified has the obligation of taking 
measures in order to complete this cycle.  
 
200. Spills whi ch occur or are sighted in the oi l installations or surroundings  
(1) The spill notification of  spills which occur or are sighted in the oil and gas facilities shall be made  to the 
Ministry  responsible for petroleum and the Petroleum Authority  of Uganda . 
 
(2) The Ministry responsible for petroleum and the Petroleum Authority of Uganda shall , at once, notify the 
National Incident Commander who  shall  notify the National Notification centre and the National Oil Spill 
Response Committee.  
 
(3) The National Comman der, as part of his obligations, shall also mobilize the relevant modules of his 
command team and follow -up the progress of the situation, keeping the National Oil Spill Response 
Committee informed and exercising his counselling role.  
 
201. Procedures upo n notification, during incident  
(1) Upon reception of the notification by the National Incident Command and once completed the 
notification  cycle, the follow -up of the response operation developed at the incident site is its responsibility, 
together with th e Crisis Management Team, and keeping the National Oil Spill Response Committee 
informed.  
 
(2) Where the  local government‘s  officer requires or whenever the National Oil Spill Response Committee 
deems convenient, the National Incident Command may give the command of operations to the level 
immediately above, or undertake the responsibility, starting to act as in the case of a Level 3 spill.  
 
(3) Any communications to the public, through the mass media or others , shall be made by the National Oil 
Spill Respo nse Committee if, considering the severity of the incident  and its consequences, it deems 
necessary.  
 
(4)In every case, the level of involvement and the quantity of people pr esent at the National Incident 
Command is determined by the dimension of the incid ent and by the potential impact it demonstrates.  
 
202. Post incident analysis  128 
 
(1) Where  the incident is  managed at local level, the officer in ch arge of the response operations at that level 
shall send  a final report to the National Notification Cent re in order to submit it to the appreciation of the 
National Oil Spill Response Committee.  
 
(2) After serious oil spills incidents, an assessment shall be made in order to identify areas where the  
dispositions of the p revention plans employed may be improved.  
 
(3) The initiative of assessment and issuance of the necessary improve ment recommendation fall in the 
jurisdiction of the National Oil Spill Response Committee . 
 
PART - SAFETY  
 
202. Safety plan  
(1) There shall be a safety plan which shall identify the main s afety aspects derived from the occurrence of a 
spill, its severity and  some practical measures to minimize the impact of the spills.  
 
(2) Usually, cleaning activities occur outdoors, so the hazards inherent to the presen ce of gases are relatively 
low and t he use of adequate protective garments is usually enough to  avoid the contact of the human skin 
with the spilled oil and chemical products eventually utilized in the cleaning operations, minimizing 
potential damages.  
 
(3) The Safety Plan shall  help in recognizing risks associated to a specific operation, in order to be able, in 
due course, of taking correct mitigation measures.  
 
(4) Safety of the public and the spill response personnel shall have  the highest priority.  
 
(6) The Crisis Management Team shall d esignate an individual or, if necess ary, a team, for the management 
of the safety aspects.  
 
(7) The Crisis Management Team  shall keep  an overall visio n of the operations, monitoring and keeping 
awareness about all the situations, evaluating the hazards  and little safe situations and elaborating and 
implementing measures that guarantee the personnel safety.  
 
(8) This Safety Plan shall provide some  guidelines, which necessarily shall be adapted to the specificity of 
the present situation and regularly revise d and updated whenever necessary, taking into account the 
technology advancements and the experiences gained in similar situations.  
 
203. Risk Assessment  
(1) The first activity of the Security Officer, as soon as possible, is to carry out an assessment of  the overall 
obal risk of the situation, in order to guarantee that the population and the  response team personnel do not 
take unnecessary risks.  
 
(2) The Security  Officer shall  consider - 
 
(a) whether there is potential  for the occurrence of explosions ; 
 
(b) whether it  is necessary to evacuate or displace people;  
 
(c) whether  the environment safe for people; and  
 
(d) whether there is the  possibility of the oil affecting drinking water systems which are used by  the 
population.  
 129 
 
(3) The initial evaluation may lead to the establishment of safe zones or exclusion zones and determines the 
need of mobilization of specific equipment for the detection and monitoring of adverse conditions.  
 
(4) The risk assessment shall be realized on a case by case and it shall be support ed by the usage of check 
lists, like the one shown at the end of this section, which allow identification of risks and eventual mitigation 
measures.  
 
(5) The risk evaluation shall be totally documented.  
 
(6) Incidents with greater probability of occurrenc e or whose negative potential is very high shall be treated 
in first place.  
 
(7) T he risk assessment shall be carried  out in a consistent manner and by competent individuals.  
 
(8) The practical ri sk minimization measures may be hiera rchized as follows - 
  
(a) prevent contact with the  hazard  or eliminate the hazard;  
 
(b) organize the work in order to reduce exposure to the hazard;  
 
(c) impose the usage of Personal Protection Equipment (PPE).  
 
 
(9) Physical risk factors placed by the environment are usually constant d uring the course of the response 
operations  and t he work conditions shall be periodically re -evaluat ed, as well as the risk control mechanisms 
installed.  
 
(10) Risks may normally result from - 
 
(a) the spilled product or chemical product utilized in the res ponse;  
 
(b) the work environment;  
 
(c) response operations;  
 
(d) o peration of equipment or machines u sed in the cleaning operations; or 
 
(e) external factors.  
 
204. Safety of the chemical products used in the r esponse and cleaning operations  (Guidelines)  
(1) When a spill occurs, the exposure of the response teams to chemical products for the most varied 
purposes is practically inevitable.  
 
(2) Each substance, when spilled in the environment and due to the ensemble of properties that characterize 
it, exhibit s a specific behaviour which determines the saf est response strategy to adopt.  
 
(3) The properties of the spilled product change with time due to the aging process, as it has been addressed 
in the National Contingency Plan.  
 
(4) In order to know the measur es to adopt to guarantee safety of the response teams, it is necessary to know 
the components and characteristics of the chemical products with which they shall  be in contact.  
 130 
 
(5) The information under subregulation (4) shall appear  on the Materials Safet y Data Sheets (MSDS)  which 
contain all the information necessary to carry out a complete risk assessment to the respective specific 
product.  
 
(6) The main risks of a substance usually derive fro m the following characteristics - 
 
(a) property mitigation m easures; 
 
(b) flammability a void smoking, produce sparks, or set engines in motion or other ignition sources ; 
and  
 
(c) explosive vapours  
 
(7) Avoid setting engines into motion or protect them by application of devices that cut the entry  of air, 
which is auto matically set when an  engine excels a certain limit of velocity . 
 
(8) Toxicity o bserve or adjust the limits of occupational exposure of short (acute effects) and long duration 
(chronic effects) . 
 
(9) Promote decontamination  before meals and abandonment of the work shift Dissipation of oxygen . 
 
(10) Forbid entrance in places with less than 19 , 5% of oxygen imposing a system of allowance s and 
procedures of entrance in tanks s lippery nature of the oils . 
 
(11) Promote repeated decontamination  of the individual protection equipment . 
 
(12) The Materials Safety Data Sheet (MSDS)  contain indications  on the individual protection equipment to 
utilize and on First Aid in case of an accident.  
 
(13) T he personnel involved in the operations receives information and train ing adequate to the correct 
handling of those substances and about protection and mitigation measures.  
 
205. Work environment and safety during  (Guidelines)  
(1) Spills may occur literally anywhere and under any weather conditions, which constitutes huge ch allenges 
to the response teams and determines which strategy to adopt.  
 
(2) The spill responder shall  pay particular attention to - 
 
(a) w eather since s ituations of extreme temperatures, precipitations and humidity define the adoption 
of- 
 
(i) proper clothing ; 
 
(ii)  c onstruction of shelters ; 
 
(iii) survival training;  
 
(iv) adjustments  of work shifts ; and  
 
(v) availability of communication equipment and good weather forecasts . 
 
 131 
 
(b) air quality monitoring and logging using  electronic monit ors and sounders of passiv e and personal 
diffusion  and the type, level a nd frequency of monitoring shall  depend on the specific conditions of 
the site and work  characteristics;  
 
(c) oil-human skin contact  since t he oil and chemical components utilized during response opera tions, 
when in contact with the human skin, may dest roy its lipidic layer and cause another type of 
problems including  intoxication, if ingested; and the facilities  which allo w decontamination  of 
individual protection equipment and the skin shall be provided before m eals and at the end of the 
shifts;  
 
(d) night time operations  shall  be avoided as they constitute additional risk for the wor kers since – 
 
(i) it is not possible to see the  oil at night,  except  with very strong lighting;  
 
(ii) there is increa se in the risk of falls, tr ips , slides ; 
 
(iii) weari ness increases during the night and this may  cause significant  decrease of productivity ; 
and 
 
(iv)  in some circumstances the night operations invo lve the need to consider issues related with 
efficiency, safety and additional costs;  
 
(e) response and cleaning chemical agents  to ensure that  dispersa nts and absorbent materials are handled 
with care  including training  the personnel involved  on how to handle  the chemicals;  
 
(e) slides, trips and falls  which  are the most common risk for all the res ponse teams and u sually, access 
to the sites is usually due to slippery ground  and- 
 
(i)  care shall be taken during  placement of equipment, including transfer hoses  and cleanliness  
and tidiness of the work site shall  be maintained ; and  
 
(ii) teams shall b e warned of any particular risk they may  face an d receive information about the 
safest approach tr acks and other protection means;  
 
(f) cargo handling and lifting  which require  special care when handling the equipment and the bags or 
containers full of waste a nd w henever  possib le, the licensee shall  opt for the usage of cargo lifti ng 
equipment;  and  
 
(g)  cargo  shall be measured or turned proportionate to each individual, who shall  also be instructed on 
the correct techniques of cargo li fting and o nly traine d peop le shall  operate lifting equipment  and 
when th ese are utilized the usage of a helmet is mandatory.  
 
206. Personal health and safety p rotection  
(1) The  licensee , owner  of a facility or  responsible person shall ensure that employees avoid  placing 
themselves  in situations at an incident scene that represent a health and safety hazard.  
 
(2) Direct personal investigation or  clean -up work by spill responders shall be authorized  only in locations 
where level of  protection is  appropriate.  
 
(3) Site safety hazards that the operator, responsible person  become s aware of shall  be communicated to the 
personnel  who are on the site.  
 132 
 
(4) All spill response employees shall h ave the requisite health and safety training  to perform their jobs 
safely.  
 
(5) In addition, all sp ill response employees shall participate in a medical monitoring program including  
initial 40 -hour health and safety training and the 8 -hour refresher and supervisory courses, as well as 
instruction on hazardous materials handling, Bas ic First Aid, and b aseline, yearly  and termination physicals 
for employees provided  through NEMA /OSH . 
 
(6)  The licensee, operator or responsible person shall follow b asic health and safety guidelines including - 
 
(a) specific health and safety concerns prior to arriving on the sce ne; 
(b) careful ness; 
(c) staying  upwind ; 
(d) employ ing  the buddy system whenever possible ; 
(e) when in doubt, getting  out of the site ; and  
(f) training the employees to know  their limitations.  
 
 (8) In certain situations,  no response may be the best response,  provided th at the personnel  are positioned at 
a safe distance from the incident  scene . 
 
(9)  The spill responder shall f amiliarize himself or herself  with the OSH/ EPA  levels of personal protection 
and what types of health threats indicate the need for greater levels of personal protection.  
 
(10) The personal  protective equipment and monitoring devices shall be  in good working order and 
calibrated properly.  
 
(11)  The spill responders shall f amiliarize themselves  with such terms as OSHA -PEL, TLV -TWA, and 
IDLH, which r efer to exposures to air -borne contaminants  and are the health -based thresholds that, if 
exceeded, shall  trigger action to upgrade personal pro tection or to exit the site.  
 
(12) The personnel shall a void working in  potentially explosive or oxygen -deficient  atmospheres.  
 
(13)  Other physical hazards including  excessive heat or cold, noise, ionizing radiation, working near heavy 
equipment, electricity, holes or ditches, unstable surfaces, and working in or on water shall also be paid 
attention  to for person al health and safety protection  in accordance with the Occupational Safety and Health 
Act, 2006 and regulations made under that Act .  
 
(14) Biological hazards  shall be avoided  especially for people with allergies . 
 
207. Health & safety training  
The followi ng training is recommended  to be undertaken by the operator or responsible person - 
(a) 40 hours of initial health and  safety training;  
 
(b) 8 hours of annual health and  safety refresher training;  
 
(c) 8 hours of supervisory training for supervisors;  
 
(d) 24 hours of on -the-job training;  
  
(e) Red Cross First Aid or its equivalent ; and  133 
 
 
(f) CPR training.  
 
208. Medical monitoring  
(1) A medical evaluation shall be done for employees  before wearing respirators . 
 
(2)  Baseline, periodical, and termination physicals  shall be done for  individuals who may be exposed to 
chemicals and for individuals who wear respirators more than 30 days per year.  
 
(3) Where response activities are conducted where atmospheric contamination is known or suspected to 
exist, personal protective equipment shall be worn to prevent or reduce skin and eye contact as well as 
inhalation or ingestion of a chemical substance.  
 
209. Health and safety training and medical monitoring requirements  
(1) Employees and their contractors who respond to petroleum and hazardous  material (hazmat) incidents 
shall be  provided with health and safety training as specified by NEMA /OSH . 
 
(2) The training  shall  consist of an initial 40 - hour health and safety training course that includes a 
discussion of toxicology, personal protective equipment, field monitoring instrumentation,  site control, and 
hazard recognition.  
 
(3) Employees shall be  "fit-tested" for the proper use of respirators as part of your 40 -hour training course 
and a mandatory  written test may also be part of the 40 -hour c ourse.  
 
(4) Hands -on training experience in the use of Level B and Level C personal protective equipment and in the 
use of field monitoring instruments  shall be done .  
 
(5) During the first  24 hours of on -the-job training  for an employee and following  comp letion of the 
employee‘s your training course, the immediate supervisor of the employee shall  write a letter to the 
employee‘s health  and safety file covering information including the location, dates, tasks performed, and 
level of personal protection worn  for each incident the employee  responded to during that period.  
 
(6) An eight -hour annual health and safety training refresher course is also required by NEMA/ 
Occupational health and safety  department .  
 
(7) The refresher course under subregulation (6) s hall emphasize  hands -on training with field monitoring 
instruments, and the use of personal protective equipment (PPE), which includes putting on and removing 
PPE and a written test shall  also likely be required.  
 
(8) Supervisors of spill response personne l shall  receive an additional eight (8) hours of the "supervisory" 
health and safety training, as they shall  be directing the work of others at incident sites.  
 
(9) The eight  (8) hours of supervisory training may not be an  annual requirement.  
 
(10) The emp loyer  shall provide  medical surveillance  to employees who have been or are expected to come 
in contact with hazardous substances or health hazards above established permissible exposure limits for 30 
or more days in a 12 month period.  
 
(11)  The purpose of  medical monitoring is to have the capability to detect health impacts that may be the 
result of an exposure to a hazardous substance.  
 
(12) Any individual who has potentially been exposed to hazardous substances shall  be enrolled in a medical 
monitoring program whether or not he or she has worked . 
 134 
 
Levels of Personal Protection  
 
210. Level A  
(1) Level A shall be selected when the greatest level of skin, respiratory, and eye protection is required . 
 
(2) Level A equipment shall be used  as appropriate inclu ding- 
 
(a)  pressure -demand, full -face-piece self -contained breathing apparatus (SCBA), or pressure demand 
supplied air respirator with escape SCBA, approved by the Occupational health and safety  
department ; 
 
(b) totally -encapsulating chemical -protective suit;  
 
(c)  coveralls;  
 
(d) long underwear;  
 
(e)  gloves, outer, chemical -resistant;  
 
(f) loves, inner, chemical -resistant;  
 
(g) boots, chemical -resistant, steel toe and shank;  
 
(h) hard hat (under suit);  
 
(i) disposable protective suit, gloves and boots (Depending on suit construction, m ay be worn over 
totally -encapsulating suit);  and  
 
(j) two-way radios worn inside encapsulating suit . 
 
(3) Level A protection shall  be used when - 
 
(a) the hazardous substance has been identified and requires the highest level of protection for skin, 
eyes, and the respiratory syste m based on - 
 
(i)  either the measured or potential for high concentration of atmospheric vapors, gases, or 
particulates;  
 
(ii) the site operations and work functions involve a high potential for splash, immersion ; or  
 
(iii) exposure to unexpected vapors, gases, or particulates of materials that are harmful to skin 
or capable of being absorbed through the intact skin;  
 
(b) substances with a high degree of hazard to the skin are known or suspected to be present, and 
skin contact is poss ible; or  
 
(c) operations shall  be conducted in confined, poorly ventilated areas and the absence of conditions 
requiring Level A have not yet been determined.  
 
211. Level B  
(1)  For level B, t he highest level of respiratory protection is necessary but a l esser level of skin protection is 
needed.  
 
(2) Level B equipment shall  be used as appropriate including - 135 
 
 
(a)  pressure -demand, full -face-piece self -contained breathing apparatus (SCBA), or pressure demand 
supplied air respirator with escape SCBA (NIOSH approv ed); 
 
(b) hooded chemical -resistant clothing  including overalls and long -sleeved jacket, coveralls,  one or  two 
piece chemical -splash suit and  disposa ble chemical -resistant overalls ; 
 
(c) coveralls;  
 
(d) gloves, outer, chemical -resistant;  
 
(e) gloves, inner, chemical resi stant;  
 
(f) boots, outer, chemical -resistant steel toe and shank;  
 
(g) boot-covers, outer, chemical resistant (disposable);  
 
(h) hard hat;  
 
(i) two-way radios (worn inside encapsulating suit;  and  
 
(j) face shield.  
 
(2) Level B protection shall  be used when - 
 
(a) the type and atm ospheric concentration of substances have been identified and require a high level of 
respiratory protection, but less skin protection which  involves atmospheres with IDLH 
concentrations of specific substances that do not represent a severe skin hazard; o r that do not meet 
the criteria for use of air purifying respirators;  
 
(b) the atmosphere contains less than 19.5 percent oxygen; or  
 
(c) the presence of incompletely identified vapors or gases is indicated by a direct -reading organic vapor 
detection instrument, b ut vapors and gases are not suspected of containing high levels of chemicals 
harmful to skin or capable of being absorbed through the intact skin.  
 
212. Level C  
(1)  For level C protection to apply, t he concentrations and type of airborne substances  must be  known an d 
the criteria for using air purifying respirator s are met and level C equipment  used as appropriate including - 
 
(a) full-face or half -mask, air purifying, canister equipped respirators (NIOSH approved);  
 
(b) hood ed chemical -resistant clothing includin g overalls, two -piece chemical -splash suit and  
disposa ble chemical -resistant overalls ; 
 
(c) coveralls;  
 
(d) gloves, outer, chemical -resistant;  
 
(e) gloves, inner, chemical resistant;  
 
(f) boots, (outer), chemical -resistant steel toe and shank;  
 
(g) boot-covers, outer, chemic al resistant (disposable);  136 
 
 
(h) hard hat;  
 
(i) scape mask;  
 
(j) two-way radios (worn under outside protective clothing); and  
 
(k) face shield.  
 
(2) Level C protection shall  be used when - 
 
(a) the atmospheri c contaminants, liquid splashes  or other direct contact may not advers ely affect or be 
absorbed through any exposed skin;  
 
(b) the types of air contaminants have been identified, concentrations measured, and a canister respirator 
is available that can remove the contaminants; and  
 
(c) all criteria for the use of air -purifying respir ators are met.  
 
213. Level D  
(1)  Level D is applicable where a  work unifo rm affording minimal protection  is used for nuisance 
contaminat ion only and Level D equipment used as appropriate including - 
(a) coveralls;  
(b) gloves;  
(c) boots or shoes, chemical -resistant st eel toe and shank;  
(d) boots, outer, chemical -resistant (disposable);  
(e) safety glasses or chemical splash goggles;  
(f) hard hat;  
(g) escape mask; and  
(h) face shield.  
 
(2) Level D protection shall  be used when - 
 
(a) the atmosphere contains no hazard; and  
 
(b) work functio ns preclu de splashes, immersion  or the potential for unexpected inhalation of or 
contact with hazardous levels of any chemicals.  
 
(3)  Combinations of personal protection equipment other than those described for Levels A, B, C, and D 
protection may be more appropri ate and may be used to provide the proper level of protection.  
 
214. Medical surveillance programme  
(1) A medical surveillance program, as recommended by  NEMA/  OSHA , shall comprise of three physicals 
including baseline , annual, and termination.  
 
(2)  The b aseline physical shall establish  the physical condition  of the employee prior  to beginning work 
where exposu re to hazardous substances is a possibility.  
 
(3) The physician shall  also certify that the employee is physically  capable of wearing respiratory 
equipment.  
 
(4) The annual physical shall be used  to check the employee‘s  condition relative to his or her baseline for as 
long as he or she respond s to petroleum and hazmat incidents, so that significant changes can be recognized 
and possibly remedied.  137 
 
 
(5) The termination physical shall be administered when  the employee  leave s the Spill Response Program  in 
order to document of the employee  condition at the conclusion of his  or her  spill response duties.  
 
(6)  Medical examinations by physicians  shall  also be given whenever employees develop signs or 
symptoms of chemical exposure.  
 
(7) All the  medical surveillance records shall  be kept for a period of 30 years.  
 
(8) A recommended medical monitoring program is outlined in the Occupational Safety and Health  Act, 
2006 .  
 
215. Health and Safety Hazard Guidelines  (Guidelines)  
The following health  and safety hazard guidelines shall  be followed by the responsible person in the conduct 
of an incident response -  
 
(a) if the responsible person  knows what has been relea sed, he or she shall look up the safe airborne 
chemical contaminant exposure levels, the signs and symptoms of exposure, physical and chemical 
data, and first aid information for all the chemicals of concern;  
 
(b)  make note of the police, fire, ambulance, and  hospital phone numbers for the local area surrounding 
the incident site and much of this information shall  already be in the Regional Contingency Plan;  
 
(c) develop a checklist of the items to bring on -site and make sure this equipment is in good condition;  
 
(d) determine current and expected weather conditions at the incident scene since weather conditions 
often determine what personal protective equipment you wear and may be particularly important in 
making decisions about evacuating residents, positioning the c ommand post, and several other 
incident response actions;  
 
(e)  ensure that  better equipped personnel, such as local fire departments,  hazardous material teams, or 
contract ors hired by the government  or the spiller, are the preferred first responders;  
 
(f)  consu lt with personnel about the appropriate response;  
 
(g)  where the responsible person is the  first to arrive and confront an emergency situation demanding 
prompt action, he or she  may take or authorize actions to deal with the emergency;  
 
(h) always be careful an d pay attention and remain alert to changes in site or weather conditions since 
the  changes may require upgrading the  level of protection or even exiting the area;  
 
(i)  monitor the  work area including monitoring the air, but watching out for heavy equipmen t and 
vehicular traffic as well;  
 
(j)  advise the personnel to watch they step and what they step in or on to and wear a life jacket when 
positioned on or near waterways;  
 
(k) stay upwind of the incident scene and remain cognizant of changes in wind directi on that  might 
suddenly place lives  in danger;  
 
(l) avoid placing personnel  in a situation where exposure to a hazardous substance is possible, 
especially where they are not equipped with proper personal protective gear;  
 138 
 
(m)  employ the buddy system although it shall  not always be possible to do so, make an effort to  ensure 
that each personnel is  accompanied by at l east one other spill responder whether, local  government , 
central government , or contractor personnel while engaged in response activities since unexpected 
events do occur at an incident site that may hamper the ability to react to the hazard  and  a second 
individual may have to come to the  aid of the buddy or  have information sources or a different 
viewpoint that can prove useful, especially in an emergency response situation;  
 
(n)  when in doubt, ensure that the personnel get out and where uncertain about the nature of the possible 
safety and health hazards and whether the personnel  are protected adequately, it's best to withdraw 
from the site into a safe area;  
 
(o) take the time to re -evaluate the situation before proceeding;  
 
(p) know the  limitations and be aware of  physical, mental, and emotional condition  or the personnel 
and limitations and failure to pay attention to problems such as fatigue or illness may enda nger  life 
and possibly lead to poor decision -making that endangers the life and safety of others;  
 
(q)  sometimes, no response may  be the best response and  the responsible person  may feel that they ned  
take some sort of action at an incident site but this i s not always true, however, and, in some cases, 
taking no action may be the better approach to protect human health and the environment and letting 
a fire burn to consume the spilled product, for example, may be better than having the fire 
department extin guish the fire;  and  
 
(r) the action taken  by the responsible person may  result in unanticipated effects of greater impact to the 
public health or the environment than the original situation and always consider the possibility that 
no response may be the best response at the incident scene, provided that  personnel are positioned at 
a safe distance.  
 
 216. When injured or exposed to c hemicals  (Guidelines)  
(1) If a person ever suffer an injury or are exposed to a hazardous chemical while responding to an incident , 
they shall summon help or get to someone who can provi de medical attention immediately . 
 
(2)  The responsible person shall always put emphasis  planning the protection of the personnel by using the 
incident scene safety system  or the generic health and sa fety plan.  
 
(3)  Where the responsible person k nows where the nearest hospital is and how to get there, or t he 
emergency services telephone numbers, the better their chances  are of receiving prompt medical attention 
when it's needed.  
 
(4) The standard equ ipment inventory shall include  a first -aid kit (keep it stocked) and, perhaps, an eye wash 
bottle.  
 
(5) Work -related injuries and chemical exposures need shall be reported to the supervisor and to the 
designated office or site safety officer which shall st art a pro cess to investigate the cause  of the incident and 
to fulfil  the reporting and other requirements of the state and federal occupational health and safety 
regulations.  
 
217. Health and safety p lanning  (Guidelines)  
(1) During an emergency incident in volving petroleum or a hazardous material,  the operator or responsible 
person may  rarely, if ever, practical write  up an incident -specific site safety plan as recommended in these 
Regulations and response time limitations dictated by the size, type, intens ity, and severity of the emergency 
shall  make impromptu writing of a site safety plan impractical.   
 139 
 
(2) Site safety plans that are called for under NEA / OSHA  and the Re gulations  shall  apply, for all practical 
purposes, to hazardous waste site or undergro und tank  clean -up activities where there are no immediate 
health threats to the public and, therefore, sufficient time to prepare thorough written site safety plans prior 
to initiating site activities.  
 
(3) Facility or building -specific site safety plans p repared  prior to t he emergency incident shall  be used 
during an actual emergency and emergency responders shall  implement the plan in a coord inated effort with 
the facility or organization that prepared the plan.  
 
(4) A generic site safety and health plan  has been included in Appendix O, shall  BSPR personnel wish to 
develop any pre -incident site safety plans for specific facilities.  
 
(5) For transportation accidents and for  incidents involving facilities and buildings that do not possess pre -
written site s afety plans, emergency responders shall  have a standard operating procedure (SOP) for 
establishing an incident scene safety system.  
 
(6) The incident safety  system shall  be sufficiently generic and flexible to be applied to any incident while, 
at the same  time, sufficiently comprehensive to cover all necessary safety precautions.  
 
(7) An incident scene safety system may not be  written for each specific incident as is the case with a site 
safety plan.  
 
(8)  The system, established through a SOP, can be eas ily and quickly implemented at any emergency 
incident, provided that the emergency responders are familiar with the system and have practiced using it.  
 
(9) The SOP for establishing an incident scene safety system shall  address the following operations and  
topics - 
(a) establishment of hazard or safety control zones;  
 
(b) positioning of personnel, apparatus, and equipment;  
 
(c) selection and use of personal protective gear;  
 
(d) safe operating practices;  
 
(e) medical monitoring and emergency medical care; and  
 
(f) decontamination  of response personnel, protective gear, and equipment.  
 
(10) The responsibility of establishing and managing the incident scene safety system shall  be given to a fire 
department or emergency medical services (EMS) officer /health officer , as they normally h ave the 
knowledge and skills required for the task.  
 
(11) The individual in charge of the safety system including safety officer  may also have a team of 
appointed assistants.  
 
218. Hazard control z ones  
(1) The responsible person shall establis h hazard or safety control zones at the incident scene to protect 
response personnel by limiting the number of people in the most hazardous areas.  
 
(2)  The exact  size and configuration of the  hazard control zones shall  be determined at each particular 
incident, as t hey shall  be based upon incident -specific factors and situations such as  chemical and physical 
hazards, atmospher ic conditions and topography . 
 140 
 
(3)  The Safety Officer shall  establish the  zones and visually designate their locations to help in determining 
the boundaries of the zones, which shall  be designated by barrier tape, barricades, traffic cones, rope  or any 
other method adopted by the responsible person or the police . 
 
(4)  The standard hazard control zones shall include the following - 
 
(a) "Hot Zone" which shall be the a rea of maximum hazard surrounding the damaged containers or 
fire area; only entry team allowed within;  
 
(b) "Warm Zone"  which shall be the a rea of moderate hazard, beyond the Hot Zone, where backup 
crews stand by and decontamination  takes p lace; and  
 
(c)  "Cold Zone" which shall be the a rea beyond the Warm Zone that poses minimal or no hazards to 
emergency responders.  
 
(5) The command post, most or all of the deployed apparatus, and the resource staging area shall be located  
in the Cold Zone.  
 
(6) During the incident, safety control zones shall  be adjusted as necessary to compensate for changing 
incident scene conditions.  
 
 219. Positioning of personnel and r esources  
(1) Based upon the hazard control zones, the Safety Officer shall  advise the I ncident Commander of the 
safest locations in which to deploy personnel and resources.  
 
(2) An absolute minimum number of personnel, apparatus, and equipment shall  be deployed in the "Hot" 
and "Warm" zones in order to limit exposures to contaminants.  
 
(3)  Apparatus and major pieces of equipment shall  be positioned in such a manner that allows for  
Emergency  escape routes, as well.  
 
220. Personal Protective Equipment  
(1) Selection and use of personal protective equipment (PPE)  shall be a component of the inc ident scene 
safety system.  
 
(2) The Safety Officer shall  determine the types of PPE needed for each of the three hazard control  zones, 
with particular emphasis on PPE required in the "Hot" and "Warm" Zones.  
 
(3) BSPR  personnel shall  only be operating wit hin the "Cold Zone."  
 
(4) The responsible person shall select  appropriate PPE and that personnel use i t properly and also match the 
PPE to the chemicals  involved, atmospheric conditi ons, physical hazards presented  and the physical 
condition of the user.  
 
(7) Safe operating procedures shall  be covered in the incident scene safety system and enforced  by the 
Safety Officer and the  procedures shall  address the following topics at a minimum - 
 
(a) establishing hazard or safety  control zones ; 
(b) the use of appropriate pr otective gear and equipment;  
(c) limiting the number of personnel in the "Hot" and "Warm" hazard control zones;  
(d) establishing a "buddy system" for all personnel operating within contaminated areas;  
(e) avoiding contact with all contaminants and contaminated surface s whenever possible;  141 
 
(f) advising all response personnel of site control and safety policies;  
(g) staying upwind and upgrade of released chemicals;  
(h) designating an entry team support crew to assist in dressing the entry team, keeping track of air 
supply time requir ements of the entry team, and keeping track of the exposure time of the entry 
team;  
(i) utilizing the most experienced personnel for the most hazardous tasks;  
(j) establishing hand/arm signals as a backup communication system between responders working in 
encapsul ated suits, and establishing an emergency signal including  continuous air horn  blast for 
emergency withdrawal;  
(k) positioning a backup team in the "Warm Zone" in case they need to rescue personnel from the 
"Hot Zone";  
(l) providing medical monitoring for personne l before and after "Hot" and "Warm" Zone operations;  
(m) monitoring visually and  through communications contact,  the welfare of personnel operating 
with the "Hot" and "Warm" zones;  
(n) ensuring that all personnel understand and know how to perform their assignment s prior to 
initiating them;  
(o) ensuring that responders do not accidentally ingest contaminants through eating, drinking, or 
smoking;  
(p) enforcing a "No Smoking" policy at incidents involving flammable or combustible materials;  
(q) decontamination  of protective gear  and response equipment  
(r) replacing fatigued personnel with "fresh" personnel;  
(s) adjusting the hazard control zones to reflect changing conditions;  
(t) halting any unsafe operation; and  
(u) establishing a rest and rehabilitation area that offers protection from the e lements and has toilet 
facilities.  
221. Medical  monitoring and emergency medical c are 
(1) Medical monitoring and care shall also be a  component of an incident scene safety system.  
 
(2) The Safety Officer shall  ensure that there are qualified medical perso nnel on hand to check and, if 
necessary  treat the sick, injured  or contaminated response personnel.  
 
(3) Medical personnel shall be  present  to check the vital signs including the blood pressure, pulse, 
respiration rate, weight, body temperature  and genera l health of all personnel before and after they enter the 
"Hot" or "Warm" Zones.  
 
(4) The Safety Officer shall ensure  that there are sufficient emergency medical units including advanced life 
support and basic life support ambulances and equipment includi ng bandages, oxygen, IV fluids, drugs, on-
scene to handle medical monitoring and care operations.  
 
(5) The Safety Officer shall coordinate  medical monitoring and care with the medical o fficer  in charge . 
 142 
 
(6) Medical monitoring  shall be mandatory for  all emergency responders at an incident.  
 
(7)  The Safety Officer shall ensure that the  entry and backup teams are monitored before and after entering 
hazardous areas  and all  responders who may have been exposed to contaminants are m edically monitored 
afterward s.  
 
(8) Where the signs  or symptoms of chemical exposure or other medical problems are noted, the victim shall  
be treated at the incident scene, when appropriate, and transported to a hospital for evaluation by a 
physician.  
 
(9) Persons who do not show im mediate signs or symptoms of illness or distress shall  be examined by a 
physician as a precaution.  
 
(10) The signs and symptoms of some chemicals including certain pesticides  may not appear for several 
hours or days  and p rior to leaving an incident scene, personnel shall  be briefed by the Safety Officer  
Medical Officer on the signs and symptoms of expo sure to the involved chemicals  so that they can seek 
immediate medical treatment when required.  
 
(11) Any comprehensive medical examination that is necessary  shall  be conducted by a physician who has 
access to the baseline  medical profile or the responsible person/ operator as well as records regarding the 
annual physicals and any other medical examinations.  
 
(12) Emergency medical care that becomes necessary due to injury or illness contracted at the incident scene 
shall  be administered as soon as possible.  
 
(13) When treating contaminated individuals, medical personnel shall  consider the following precautions 
and procedures - 
 
(a) medical personnel shall  need to w ear specialized protective gear to protect themselves from 
contaminants on their patient;  
 
(b) medical  personnel shall  need to take steps to protect their equipment and the ambulances from 
contamination;  
 
(c) the patient  shall  have to be decontaminated  as much as  is practicable prior to treatment and 
transport to the hospital;  
 
(d) special protocols may be required in order to treat chemically -exposed patients, including the 
administering of chemical antidotes and drugs;  
 
(e) patients shall  have to be transported to hospi tals that have proper decontamination  facilit ies, 
equipment, and procedures except in cases where life -threatening problems, such as cardiac 
arrest, breathing difficulties   are involved ; 
 
(f) ambulances, equipment  and medical  personnel shall  require decontamin ation  prior to treating/ 
transporting other patients and whenever emergency responders are monitored or treated for 
chemical exposure, records shall  be kept and made available to the patient and to tr eating 
physicians upon request; and  
 
(g) medical records and  exposure logs shall  be complete and accurate in order to be useful during 
subsequent review.  
 
222. Decontamination  143 
 
(1) The operator or responsible  person shall ensure that response personnel, protective gears and response 
equipment are decontaminated  after the response . 
 
(2) Decontamination  under subregulation (1) shall be performed  for the purposes of protecting the health of 
emergency personnel, prevent ing the spread of contamination  and salvaging personal protective equipment 
(PPE) and other response eq uipment to permit reuse, when feasible.  
 
(3) Decontamination operations  may be  elaborate such as those recommended by NEMA, PEPD/PAU and 
OSHA  for hazardous waste site activities, where circumstances allow for a mor e comprehensive approach 
such as sufficien t time to plan decontamination operations  and to obtain appropriate decontamination  
resources and sufficient personnel are available at the site . 
 
(4) Where there lack of quantity  of trained personnel and decontamination  resources available at an 
emergency  incident to allow a n elaborate decontamination  operation to  take place on a timely basis , a more 
practical approach to emergency scene decontamination , which takes into account the need to set up the 
decontamination  area quickly with limited on -scene reso urces  shall be used .  
 
(5) NEMA personnel  shall have the following major responsibilities regarding decontamination - 
 
(a)   to ensure that they themselves undergo decontamination  when necessary;  
 
(b)  to ensure that all exposed emergency responders are properly decontamination ; and  
 
(c)  to ensure that decontamination  operations are conducted in a manner that minimizes 
environmental contamination.  
 
(6) NEMA personnel  shall  assist the Decontamination  officer (probably a medical  officer, chemist  or fire 
department offi cer appointed by the Incident Commander in establishing and overseeing decontamination  
operations and shall  coordinate the decontamination  of exposed spill responders  with the Decontamination  
Officer.  
 
(10) The decontamination  operation shall  be performe d by a team of trained personnel known  as the 
Decontamination  Team  composed of on -scene respon ders from the operator or responsible person , the 
Authority, NEMA, UWA and  fire depa rtment, health department and any other person approved by NEMA  
under the s upervision of the Decontamination  Officer and Safety Officer.  
 
(11) The Decontamination  Officer shall first  determine where decontamination  shall  take place  based on the 
following  factors - 
 
(a) weather conditions including  temperature, precipitation and wind ; 
 
(b) incident scene topography and physical characteristics;  
 
(c) presence of environmentally sensitive areas  including  waterways, ponds , lakes, rivers, game 
reserves and other water sources ; 
 
(d) chemical and physical hazardous present;  and  
 
(e) availability of decont amination  resources.  
 
(12) Ideally, the decontamination  area shall  be upwind and uphill of the inv olved containers and chemicals  
and remote from st orm drains, manholes, waterways or bodies  of water.  
 144 
 
(13) The   factors  under subregulation (1) may  require  the establishment of a decontamination  area in a less 
than ideal setting.  
 
(14) Adverse weather or the unavailability of adequate resources may even necessitate the establishment of 
an off -scene decontamination  site such as a fire station, school, or hospi tal which may be more complicated 
due to the following reasons - 
 
(a) the need to transport contaminated personnel and equipment to the off -site location;  
 
(b) the need to decontaminate  the transport vehicles;  
 
(c) the need to confine or treat contaminated decontaminat ion runoff if a holding tank is not in place 
at the facility.  
 
(16) After choosing a safe and practical decontamination  site, the Decontamination  Officer shall  obtain 
technical guidance  from NEMA, Authority …. on the proper method of decontamination  for the  specific 
chemicals  involved.  
 
(17) The technical information  referred to under subregulation (16) may  include chemical manufacturers, 
computer databases, technical assistance hotlines, books, PPE manufacturers, toxicologists, chemists  and 
information on  contacting these sources shall  be contained in emergency response plans of state and local 
agencies.  
 
(18) Technical guidance obtained under subregulation (16) shall include  methods of decontamination  for 
humans and equipment , special detergents and neut ralizers required, safety precautions, disposal information  
and any other information the Decontamination Officer deems necessary.  
 
(19) Based upon the technical guidance obtained, the Decontamination  Officer, in conjunction with the 
Safety Officer  and NEM A, Authority , shall  evaluate the health and safety aspects of the recommended 
decontamination  methods  and select the safest, most effective, and most practical method to use. 
 
(20) After determining the manner in which decontamination shall be undertaken,  the Decontamination  
officer shall  obtain the equipment, materials, solutions, and supplies needed to conduct a safe and effective 
decontamination  operation.  
 
(21) Where time is limited , the Decontamination  Officer and Team may  perform a preliminary 
decont amination  of pers onnel with available resources making sure that decontamination  solutions are 
compatible with  the chemical contaminants and follow up with a more thorough decontamination  when 
more appropriate resources are obtained .  
 
(21) The Decontamina tion Officer shall i n addition,  use  common  decontamination  agents includ ing water 
for dilution and rinsing , household detergents, isopropyl alcohol, sodium hypochlorite  or household bleach, 
sodium hydr oxide, sodium carbonate slurry  or washing soda , and c alcium oxide (lime) slurry.  
 
(22) Emergency response units  may carry products  for decontamination  purposes, and if not, these products 
can normally be obtained from nearby stores, industrial sites, or other sources.  
 
(23) When decontamination  resources hav e been assembled at the decontamination  site, the 
Decontamination  Team shall  set up the decontamination  area in accordance with the layout determined by 
the Decontamination  Officer.  
 
(24) Where the  decontamination  area is at the incident scene and establi shed within the "Warm Zone," the 
Decontamination  Team shall  wear appropriate PPE during both set -up and operation of the decontamination  
area.  145 
 
 
(25) The level of protection worn by the Decontamination  Team shall be determined by - 
 
(a) expected or visible conta mination on workers;  
 
(b) type of contaminant and associated respiratory and skin hazards;  
 
(c) total vapour or gas concentrations in the "Warm Zone";  
 
(d) particulates and specific inorganic or organic vapors in the "Warm Zone"; and  
(e) results of swipe tests.  
 
(26) W here Decontamination  personnel may be contaminated with unknowns, highly volatile liquids, or 
highly toxic materials, decontamination  workers shall  wear Level B protection .  
 
(27) The decontamination  area shall  be set up in an "assembly line" manner whereby c ontaminated 
personnel and equipment enter at the "dirty" end (entry point), proceed through a series of "stations" where 
various decontamination  procedures occur, and exit into a "clean" area.  
 
(28) Along the decontamination  "assembly line," there shall b e a dirty or contaminated  side and a clean side 
established.  
 
(29) The dirty side shall  have trash cans or drums for holding contaminated PPE or equipment that shall  
require decontamination  disposal.  
 
(30) The clean side shall  be reserved for placing PPE  and equipment that has been thoroughly 
decontamination . 
 
(31)  Down the middle of the decontamination  area, the Decontamination  Team shall  set up the wash tubs, 
equipment, brushes, rags, decontamination  solutions, shower facilities that shall  be used to decontaminate  
the contaminated response personnel.  
 
(32) Upon setting up the decontamination  area, the Decontamination  team shall  refill their SCBA , (if 
applicable) and take their assigned positions at the various decontamination  stations.  
 
(33) "Nine Step Decontamination  Procedure" is recommended for decontamination  of emergency 
responders.  
 
(34)  The steps referred  to under subregulation (33 ) are briefly described below - 
 
(a) Step 1 - Guide the contaminated personnel into the decontamination  area through the d esignated 
entry point. Have them drop off any hand carried tools, monitors, or other equipment on the "dirty" 
side of the decontamination  area;  
 
(b) Step 2 - Remove as much solid or liquid contaminants as possible from the PPE of the contaminated 
person by mea ns of low -pressure water from a shower or hoseline  and d ike the runoff or divert it to a 
retention basin or holding  tank for later treatment and  disposal;  
 
(c) Step 3 - Remove SCBA and place it in the "dirty" area for later decontamination ; 
 
(d)  Step 4 - Remove p rotective clothing and place it in the "dirty" area for later decontamination  or 
disposal and p ut clothing in a drum, trash can, or plastic bag in order to limit the spread of 
contaminants;  146 
 
 
(e) Step 5 - Remove street clothes, underclothing, and any personal i tems  including jewellery , wallet s 
and bags  and place them in the "dirty" area and put the clothing and items into plastic bags, label 
them with the owner's name, and provide security for them;  
 
(f) Step 6 - Have the person thoroughly wash themselves under a s hower, with liberal quantities of soap 
applied with a sponge and ensure that the individual  takes special care to wash his or her head, ears, 
groin area, and finger and toe nails, where contaminants can become lodged. Dike the runoff or 
divert it to a rete ntion basin or holding tank;  
 
(g)  Step 7 - Have the now -clean person dry off and dress in supplied coveralls or hospital gown and put 
the towel(s) in a plastic bag and place the bag in the "dirty area;  
 
(h) Step 8 - Send the decontaminated  person to a remotely lo cated emergency medical s tation where  
qualified medical personnel can evaluate the person  and i f necessary, the person shall  be treated on -
scene or transported to a hospital for treatment;  
 
(i) Step 9 - If the person is foun d to be medically fit, send him or her to a rest and rehabilitation area and 
observe their well -being while they rest ; complete and verify records regarding the individual's 
decontamination  and medical evaluation  and i f at any time the person shows signs or symptoms of 
chemical exposure, ha ve them evaluated again by on -scene medical personnel and transport them to 
a hospital.  
 
(34) Steps 5 through 7 shall  be performed inside a tent, decontamination  trailer, or building in order to 
protect the person from the elements as well as from on -looke rs and showering shall  be done with warm 
water.  
 
(35) If at any time during the decontamination  process the contaminated person is suffering significant 
medical distress, the person shall  be removed from the decontamination  area and treated immediately by 
qualified medical personnel.  
 
(36) Unless it is a life -threatening situation, the patient shall  be decontaminated  as much as is practicable 
prior to treatment.  
 
(37) After people have been decontaminated , the Decontamination  Team shall  attempt to decontami nate 
PPE, tools, and equipment as much as possible  and it ems that absorbed chemicals shall  have to be disposed 
of or sent to private contractors for proper decontamination . 
 
(38)  Protective clothing shall  be decontaminated  in accordance with the manufactu rer's recommendations.  
 
(39) Respiratory prot ective equipment and monitoring or sampling devices shall  be sent to the manufacturer 
or a qualified servicing center for decontamination  and repair and brooms, shovels, and similar tools shall  be 
disposed of.  
 
(40) The Decontamination  Team may find it necessary or beneficial to transport co ntainerized or bagged 
equipment to an off -scene facility in order to perform more effective decontamination .  
 
(41) Where equipment is transported off -site under subregulatio n (40),  proper procedures shall  be followed 
in order to ensure the safety of personnel and to prevent the spread of contaminants.  
 147 
 
(42) Following equipment decontamination , the items shall  undergo a swipe test to determine whether 
equipment is completely c lean and the cloth or paper patches used in the swipe tests shall  be analyzed at a 
qualified laboratory.  
 
(43) Equipment shall  not be reused unless it is free of external and internal contaminants.  
 
(44) Following the decontamination  process, the Decontami nation  Team shall  clean and disassemble the 
decontamination  area, dispose of wastes, and return the site to its normal state.  
 
(45) More specifically, the Decontamination  Team, under the direction of the Decontamination  Officer, 
health department, and DEC , shall  do the following - 
 
(a) decontaminate  all of the decontamination  equipment that is salvageable, so it can be reused;  
 
(b) place all waste materials in drums;  
 
(c) decontaminate all members of the Decontamination  Team and m ake arrangements for 
removal and dispos al of confined  wastewater and other wastes;  and  
 
(d) disassemble the decontamination  area and coordinate the return of any borrowed resources.  
 
223. Dealing with Specific Health and Safety Hazards  (Guidelines)  
(1) Each  spill incident shall  present a unique se t of potential health and safety hazards and there is, therefore, 
no one set of hazards that you shall  encounter consistently,  and no one set of preventative or remedial 
measures that can be recommended.  
 
(2) The issues outlined  below, however, issues per tinent to some of the more common health and safety 
hazards.  
 
(3) The responsible person/operator shall ensure that appropriate oil spill preventive and remedial measures 
are place.  
 
224. Chemical Exposures  (Guideline)  
(1) Preventing or minimizing  exposure to  toxic chemicals shall be the  primary concern  of everyone 
involved and there are four major ways in which a chemical can gain entry into your body including through 
inhalation, ingestion, dermal (skin) and eye absorption, and injection (puncture wound).  
 
(2) For most spill/leak incidents, the most  significant concern shall  be exposure via inhalation  and the 
persons involved shall a ssess the threat to themselves by  comparing the ambient air concentrations or ot hers 
measure at a site with the different chem ical exposure thresholds established by NEMA.  
 
(3) If  these levels are exceeded,  the operator or responsible person shall keep all persons lacking appropriate 
protective gear from the hazardous area.  
 
(4) The personnel shall f amiliarize themselves with  the special terminology used to describe the various 
exposure thresholds.  
 
(5) Potential chemica l exposure through the skin or eyes may also be a significant concern and wearing 
personal protective clothing and splash goggles can minimize the possibility of a chemical exposure to the 
skin or eyes.  
 
(6)  If a chemical comes in contact with the skin or the eyes, the person shall  flush skin or eyes with water 
for at least 15 minutes and seek medical attention.  
 148 
 
(7) T he ingestion or accidental injection of a haza rdous substance during  spill response activities is not 
common, but expo sure by these means is possible, the personnel shall b e aware,  however, that smoking, 
eating, drinking, and gum chewing in the contaminated areas can incr ease  potential for ingesting  hazardous 
substances.  
 
(8) Wearing safety shoes, avoiding physical hazards, and using your common sense shall  help minimize the 
possibility of accidental exposure via a puncture wound.  
 
225. Explosive Conditions  (guidelines)  
(1) The operator/ responsible person shall routinely carryout equipment t raining, calibration, and 
maintenance    using explosimeter at incidents to determine if explosive atmospheres and flammable vapors 
are present.  
 
(2) Explosimeter readings are meaningful only if there is approximat ely 21 percent oxygen present as, lower 
readings would be indicative of an oxygen -deficient atmosphere.  
 
(3)  Do not depend on your explosimeter readings if the oxygen level is less than 19.5 percent or greater 
than 21 percent.  
 
(4) A reading of 10 percent  of the lower explosive limit (LEL) serves to trigger continued monitoring; 
proceed cautiously with all further work.  
 
(5)  At 25 percent of the LEL, all work shall  cease and you (and others) shall  immediately evacuate the area 
and m easures shall  then be t aken, if possible, to reduce the vapor concentrations.  
 
(6) The mea sures under subregulation (7 ) shall be taken to  minimize the possibility of an explosion or a fire  
by- 
 
(a) using non-sparking, explosion -proof instruments when fi rst monitoring an unknown spil l or leak 
situation;  
 
(b) keep ing all potential ignition sources away from an explosive or flammable environment;  and  
 
(c) using chemical compatibility tables whenever placing different chemicals in close proximity, so 
as to avoid a chemical reaction that  could l ead to an explosion or fire.  
 
(7) The operator of responsible person shall also be concerned with the ignitability of petroleum 
contaminated soils and may consider the following two issues - 
 
(a) whether the soil qualifies as a hazardous waste; and  
 
(b) wh ether the  soils need special handling to control the safety hazards associated with the volatile 
organic emissions coming off such soils.  
 
(8) The  operator or responsible person shall consider potential  threats in the management of petroleum -
contaminated s oils. . . .since these soils can contribute significant amounts of volatile compounds to the air 
or be the source of dissolved contaminants in ground water.  
 
(9) Soils saturated with free product may also ignite if exposed to flame or heat and therefore , while a 
petroleum -contaminated soil may not be classifiable as ignitable under the hazardous waste regulations, 
these soils can present a flammability hazard if not properly managed.  
 
226. Oxygen -deficient e nvironments  (Guidelines)  149 
 
(1) A reading of less th an 20.9 percent oxygen content shall be indicative  of an oxygen -deficient 
atmosphere.  
 
(2) Sustained oxygen levels below 16 percent are life threatening.  
 
(3) You are most likely to encounter depressed oxygen levels in confined, poorly ventilated spaces such as 
(but not limited to) basements, belowground utility vaults, sewers, or the interior of a tank.  
 
(4) Simple asphyxiants such as methane, nitrogen, and carbon dioxide can also displace the air in a confined 
space resulting in decreased oxygen levels,  and chemical reactions that utilize oxygen can result in 
decreased  
atmospheric oxygen levels.  
 
(5) You shall  always measure oxygen levels (and take a LEL reading) with an oxygen meter or combined 
oxygen meter -explosimeter before entering a confined area.  
 
(6) Where measurements  indicate an oxygen -deficient atmosphere, take steps to increase ventilation of the 
area until the oxygen level is safe, and/or use breathing equipment that would allow you to enter the area 
safely.  
 
227. Heat and Cold Stress  
Heat o r cold stress can be a concern. If you anticipate having to deal with temperature extremes, know how 
to recognize the symptoms of heat or cold stress, know how to deal with their effects, and have the  
necessary materials on hand to deliver treatment.  
 
 
 228. Noise Hazards  
(1) Excessive noise levels can represent two kinds of hazards.  
 
 (2) The first and most obvious is that high noise levels can cause discomfort, pain, or a temporary or 
permanent hearing loss. You shall  avoid working in any environment wh ere noise levels are above your 
discomfort threshold without the use of hearing protection.  
 
(3)  A noise emanating from a stressed container may also be a warning of impending container failure,  
requiring appropriate safety precautions.  
 
(4) The second ha zard associated with excessive noise is the inability to communicate effectively with 
others at the incident scene.  
 
(5) Your own hearing and that of others is also reduced when you and others are wearing many types of 
personal protective equipment.  
 
(6) Make sure communication between yourself and others at the incident site is audible and clear, and 
monitor your own surroundings.  
 
(7) Comply with Noise Regulations and guidelines.  
 
 229. Ionizing Radiation  
(1) You may encounter spills that expose you to ionizing radiation hazards.  
 
(2) There are three main types of ionizing radiation including alpha, beta, and gamma. A Geiger -Mueller 
radiation meter can be used to detect all three of these forms of ionizing radiation.  
 150 
 
(3) Alpha radiation travels approxim ately one quarter of an inch in air with little penetrating power and does  
not pose a substantive health risk when the source is external to the human body. If an alpha -emitting source 
is ingested or inhaled accidentally, however, alpha radiation shall  pose a significant health threat.  
 
(4) Both beta and gamma radiation emanating from an external source can penetrate human skin causing 
damage to the skin and underlying blood vessels.  
 
(5) Gamma radiation has the greatest penetrating power and can apprecia bly damage internal organs if  
exposure is substantial.  
 
(6) The typical background radiation level at sea level in New York State is approximately 0.01 millirems 
per hou r and a t levels greater than 2  millirems per hour, cease all site activities and evacua te the work  area.  
 
 230. Mechanical or Physical Safety Hazards  (guidelines)  
(1) There are numerous mechanical and physical safety hazards that may be encountered at an incident scene 
including - 
 
(a) holes or ditches;  
 
(b) electrical shock;  
 
(c) sharp objects;  
 
(d) slipper y surfaces and steep grades;  
 
(e) unstable surfaces (such as in a trench); and  
 
(f) heavy equipment operation.  
 
 
(2) Many of these hazards can be compounded by loss of foot and hand dexterity, decrease in peripheral 
vision, and added body heat load that occurs whe n an individual is outfitted with some kinds of personal  
protective equipment.  
 
(3) Since it is often difficult for heavy equipment operators to see or hear other workers around them 
(especially when the equipment operator is also wearing personal protecti ve equipment), exercise caution 
while working around such equipment or avoid working in the same area while such equipment is operating. 
Warning sounds or lights may not be sufficient to alert the preoccupied worker.  
 
(4) If you shall  work in the  vicinity of operating heavy equipment, maintain eye contact with the operator.  
 
(4) The use of low -voltage electrical equipment with ground -fault interrupters and water -tight, corrosion -
resistant connecting cables shall  help to minimize the hazard associated with the use of electrical systems 
on-site. You shall  also determine the location(s) of underground electrical cables and overhead power lines 
so that response actions can be planned accordingly. In general, heavy equipment shall  not be operated 
within 15 feet of o verhead power lines.  
 
231. Working In or Near Water  
(1) When working in, on, or near the water, be sure that you have on proper clothing and a life jacket. 
Always work in teams of at least two people, and be conscious of currents. If you work in or from a boat, be 
sure to balance the load you carry and move about carefully.  
 
(2) Exercise extra caution when working with electricity near water.  
 151 
 
232. Hazards during removal of underground storage t anks  (Guidelines)  
(1) NEMA and all the personnel involved shall be informed of several safety and health hazards present 
during removal of underground storage tanks (UST).  
 
  
(2) The hazards, many of which could be life threatening, may include - 
 
(a) fire and explosion involving the UST or product that has leaked out;  
 
(b) cave-in of the excavation site;  
 
(c) electrical hazards if underground or overhead power cables are accidentally damaged;  
 
(d) fire hazard if underground natural gas lines are accidentally damaged;  
 
(e) improperly supported heavy equipment  including the  crane; and  
 
(f) inhalation of hazardous vapors.  
 
(3) The responsible person shall take great care of greatest hazard which is fire and explosion  and flammable 
vapors, possibly within their flammability range between  upper and lower explosive limits.  
 
(4) Open flames, lit s moking materials, or sparks from any source including  frictional sparki ng, static 
sparking should be prohibited since this could  result in ignition of flammable vapors and, possibly, 
explosion of the tank.  
 
(5) The responsible person shall take care of t anks that are empty or near empty to avoid the risk  of 
explosion due to the amount of vapor space within the tank.  
 
(6) A tank that has been removed from the ground shall be protected since this presents  the possibility of a 
tank explosion involving rocket ing of the tank ends and 360 degree scattering of tank fragments.  
 
(7) The responsible person shall consider o ther safety hazards that may face UST removal  crews, as well and 
backhoes which may unintentionally  damage underground electrical or natural gas l ines, especially when 
equipment operators are not aware that  these lines are present.  
 
(8) Backhoe operators shall  also be careful not to inflict damage to the UST.  
 
(9) As the excavation deepens, there is a real possibility of cave  in occurring unless t he backhoe is located 
far enough away and the excavation is properly shored.  
 
(10) When the tank lifting operation is taking place, the involved crane can present several hazards and If  it 
has not been properly supported and stabilized, the crane can fall  over, and if it is too close to the 
excavation, the excavation may collapse and, possibly, result in the crane or at least its boom falling into the 
trench and on top of the UST.  
 
(11) The operator shall take care w hile operating, as the crane may  come in contact with any onsite power 
lines, thus, causing an electrocution hazard.  
 
(12) Removal of USTs may also present a health hazard; that of hazardous vapor inhalation.  
 
(13) Even petroleum products, common UST commodities, can be harmful  to inhale due to hazardous or 
carcinogenic vapors such as benzene, toluene, and xylene  and care must be taken . 
 152 
 
(14)  Other UST commodities, such as solvents, shall  likely pose acute or chronic health hazards, as well.  
 
(15) Despite the hazards involved in the removal o f USTs, BSPR and other peop le involved in the operation 
shall take several precautions and mitigative actions to prevent accidents  and lessen the impact of these 
hazards.  
 
(16) Precautions and mitigative actions include, but are not limited to, the follow ing- 
 
(a) establish ing a site safety plan and ensure that all on -site personnel abide by it;  
 
(b) eliminat ing all sources of ignition, and strictly enforce a "No Smoking" policy at the removal 
site; 
 
(c) throughout the removal o peration, monitor for flammable or hazar dous vapors, and cease 
operations whenever vapors reach 20% of the lower explosive limit;  
 
(d) wear appropriate protective clothing;  
 
(e) have at least one fire extinguisher, with a minimum rating of 20BC, readily available  and a  rating 
of 20BC indicates that the extinguisher shall , upon proper usage, effectively extinguish a 20 
square foot area of fire involving a flammable liquid and that it can also be used to safely 
extinguish electrical fires;  
 
(f) keep unnecessary people away from the excavation and heavy equipme nt; 
 
(g) prior to excavating (the top of the tank shall  have been excavated during tank closure )- 
 
(i) check the locations of underground and overhead electrical and other utility lines so that 
you can avoid damaging or contacting them;  
 
(ii) introduce an iner t material including nitrogen gas and  dry ice into the tank to reduce the 
changes of ignition of vapors  and the atmosphere inside the tank shall  be lowered to less than 
20% of the lower explosive limit ; 
 
(iii)  plug or cap all accessible holes at the top of the tank;  
 
(iv) take and analyze soil samples around the tank;  
 
(v)  position a supervisor in a location where he/she can safely observe the excavation 
operation and remain in radio or visual contact with the backhoe operator. (Note: Radios, 
if used, shall  be intrinsically safe.);  
 
(h) during the excavation operation, ensure that the backhoe maintains a safe distance away from the 
excavation and that excavated materials are placed at least two feet back from the edge;  
 
(i) prior to the tank lifting (removal) operati on- 
(i) ensure that the crane is fully capable of lifting the tank;  
 
(ii) position the crane away from overhead wires and far enough back from the excavation to 
prevent cave -in; 
 
(iii) ensure that the crane has been adequately stabilized;  
 153 
 
(iv) when person nel enter the trench to attach lifting straps around the tank, the trench shall  
first be monitored to ensure that safe entry is possible and shored in accordance with  
OSHA regulations; and  
 
(v) position a supervisor in a location where he/she can safely ob serve the removal operation 
and remain in radio or visual contact with the crane operator;  
 
(j) during the removal operation - 
 
(i) ensure that the crane maintains a safe distance away from the trench;  
 
(ii) c ease operations if the sling/cable supporting th e tank comes loose or appears weakened 
or overstressed;  
 
(iii) e nsure that the removed tank is carefully placed onto the awaiting transport truck and 
secured to the truck tightly; and  
 
(iv) i f the tank is leaking any liquid product, initiate appropriate e mergency response actions.  
 
233. Transport of materials and waste disposal  
(1) When the oil is rec overed, it may store  in trenches built on the coastal border  or any other place 
approved by NEMA . 
 
(2) The trench es referred to under subregulation (1) shall  be fenced in order to hinder access of  non-
authorized people and they shall  clearly signal to prevent falls.  
 
(3) Safe and clear routes shall be established for vehicles which come to  deliver and collect materials, 
besides the establis hment of decontaminat ion routes to avoid secondary contamination.  
 
(4) The responsible person shall put in place m easures to a void secondary contamination of areas not 
previously affected.  
  
(5) T he transport of waste to storage, treatment and fina l deposition sites shall be i n accordance with the 
National Environment (Waste Management) Regulations . 
 
234. First aid  (guidelines)  
(1) Particularities of t he spill response work increase the risk of injuries or the emergence of illnesses.  
 
(2) It is necessary to  adopt prevention mec hanisms of contagious illnesses a nd other effects of the contact 
with the contaminated environment.  
 
(3) The water and food shall be of the best quality to prevent  the risk of catching diseases.  
 
(4) In addition,  the personnel shall be trained or made  awar e of- 
 
(a) localization o f hospital facilities in the neighbouring areas ; 
 
(b) v accines eventually necessary ; and  
 
(c) evacuation pro cedures eventually necessary in case of serious injury . 
 
 
235. Other risks  (Guidelines)  154 
 
(1) Mainly in case assi stance by international experts is needed, it is necessary to consider ca se by case other 
types of risks such as endemic illnesses.  
 
(2) Procedures shal l be applied in accordance with the guidance from the country‘ s authorities where it is 
necessary to displace pe ople, taking into consideration the following - 
 
(a) travel arrangements (visas, routes);  
 
(b) air safety;  
 
(c) accommodation  
 
(d) interprete rs and translation of documents;  
 
(e) risks of kidnappings and assaults ; 
 
(f) risks specific to the country, such as c ivil war, terrorism ; and  
 
(g) evacuation . 
 
(3) The severity of t hese potential threats shall be carefully consider ed before the assumption of any 
commitment and all the measures and mitigation and protection plans s hall be established, tested and 
actuated  before ex posure of the individual to any situation.  
 
(4) Some clues on safety in different situations  are presented below - 
 
(a) in land response - 
(i) test the exis tence of explosive or poisonous gases ; 
 
(ii) c reate safe ac cesses to avoid falls and slips;  
 
(iii) g ather  the most competent individuals available as a  guarantee of greater safety in their 
performance ; 
 
(iv) e nsure realizat ion of adequate safety meetings;  
 
(v) p ay particular attention to tides Arrange shel ter and adequate safety periods;  
 
(vi) i mplement a tea m work system to avoid solitary work;  
 
(vii) n ever allow entry in excavations and adequately mark the trenches;  
 
(viii) a ssess the operations if the  weather conditions det eriorate, especially if the sea becomes 
dangerous;  
 
(ix) e nsure the exis tence of adequate first aid and evacuation facilities; and  
 
(x) establish a good communications system . 
 
(b) selection of personal protection e quipment and facilities at the workplace  is an essential element 
in the guarantee of sa fety during response opera tions and t he selection of the most appropriate 
equipment requires ability and experien ce and it shall  consider - 
 
(i) the work conditions and anticipated hazards ; 155 
 
 
(ii) type of activities to develop ; 
(iii) p eople to be exposed ; 
 
(iv) c ompatibility between parts of the equipment ; 
 
(v) the physical effort required by the job ; 
 
(vi) the selected work methods;  
 
(v) duration of PPE usage;  
 
(vi) t he necessity to keep good communication and vision simultaneously after usage of PPE ; 
 
(vii) reference for high cost a nd high duration PPE ver sus disposable and low cost PPE; and  
 
(viii) c onsultation with safety officers and experienced response personnel is important for 
the selection of the best type of equipment.  
 
Key Installations at Worksite  
 
236. Sanitary and person al hygiene facilities  
(1) The site‘s safety map shall  contain information on the localization of the facilities.  
 
(2) Drinking and non drinking water supply shall  be guaranteed.  
 
 
237. Decontamination  procedures  
(1) A personnel, equipment and vehicle decon tamination containing the  following, shall  be put in place - 
 
(a) a description of the localization and a layout of the decontamination  facilities ; 
 
(b) a list of the necessary decontamination  equipment ; 
 
(c) the necessary PPE for the people processing the decontaminat ion; 
 
(d) procedures adequate to the different types of material to find ; 
 
(e) procedures and measures to prevent secondary contamination ; 
 
(f) methods and procedures to reduce the risk of contact of the personnel with contaminating material 
during the removal of PPE ; 
 
(g) safe methods of deposition of clothing and equipment that is not completely contaminated ; and  
 
(h) reviews, whenever local conditions change or there is reassessment of the site hazards based on new 
information . 
 156 
 
238. Decontamination  facilities  
The deconta mination  zones shall  progressively take personnel and equipment from the ―hot‖ zone to the 
―cold‖ zone, passing by the ―warm‖ zone.  
 
PART  XII- SECONDARY  CONTAINMENT AND IMPRACTICABILITY DETERMINATIONS  
  
239. Introduction  
(1) The purpose of this Part is to  prevent discharges of oil into water bodies and  adjoining shorelines.  
(2) One of the primary ways through which the Part sets out to do this is the secondary containment requirements 
which provides  an essential line of defense in the event of a failure o f an oil container (primary containment), such 
as a bulk storage container, a mobile or portabl e container, pipes or flowlines  or other oil -filled operational 
equipment.  
(3) The system provides temporary containment of spilled oil until the appropriate re sponse actions are taken to 
abate the source of the discharge and remove oil from areas where it has accumulated before the oil reaches the 
body .  
(4) The secondary containment requirements are divided into two categories - 
(a) general provisions address ing  the potential for oil discharges from all regulated parts of a facility 
and containment method, design, and capacity are determined by good engineering practice to 
contain an oil discharge until clean -up occurs;  
(b) specific provisions address the potent ial of oil discharges from specific parts of a facility where 
oil is stored or handled.  
(5) The general secondary containment requirements are intended to address the most likely oil discharge 
from bulk storage containers; mobile or portable containers; pr oduction tank battery, treatment, and 
separation installations; a particular piece of oil -filled operational or process equipment ; (non -rack) transfer 
activity or piping in accordance with good engineering practice.  
(6)  The specific secondary containment requirements are intended to address a major container failure  of 
the entir e contents of the container or compartment  associated with a bulk storage container; single 
compartment of a tank  car or tank truck at a loading or unloading rack; mobile or portab le containers  and 
production tank batteries, treatment, and separation installations.   
(7) The purpose of this Part is to clarify the relationships among the various general and specific secondary 
containment requirements of the OSCP rule, and to demonstr ate how these requirements apply and discusses  
the rule‘s impracticability determination provision, which may be used when a faci lity owner or operator is 
incapable of installing secondary contain ment by any reasonable method.  
 
(8) The additional requirem ents that accompany an impracticability determination, the documentation 
needed to support such a determination, and the role of the NEMA? Authority  inspector in reviewing 
secondary containment requirements and impracticability determinations are also prov ided for.  
 
240. Facilities requiring Secondary Containment Provisions  
The following facilities require secondary containment - 
(a) all facilities with potential for discharge including  piping, oil filled operating and manufacturing 
equipment  and non -racle related transfer areas;  157 
 
(b) loading and unloading racks;  
(c) bulk storage containers;  
(d) onshore storage racks;  
(e) onshore storage, mobile or portable oil containers;  
(f) onshore production, bulk storage containers including tank batteries, separation and treating facility 
installations;  
(g) onshore oil  mobile drilling  or work over  equipment;  and  
(h) offshore oil drilling, production and work over  equipment.  
 
PART XIII - POLLUTION INCIDENT S CENARIO AND HAZARD I DENTIFICATION  
 
241. Preparation of an inventory  
To allow for an effectiv e response operators shall  prepare an inventory of the oils present on their 
installation to identify the potential for oil pollution incidents and allow an assessment of the associated 
environmental hazards.  
242. Pollution incident scenario i dentificatio n 
(1) In order to manage and respond to oil pollution incidents operators shall  produce an installation specific 
hydrocarbon inventory that identifies the various types and volumes of hydrocarbons present on their 
installation together with their dispersio n characteristics.  
 
(2) Hydrocarbons shall  be categorised in accordance with the ITOPF category grouping as summarised  in 
subregulation….  
 
(3) The category groupings referred under subregulation (2) include -  
 
(a) 1 = ITOPF category Group I SG < 0.8 e.g. Kero sene / Gasoline ; 
(b) 2 = ITOPF category Group II SG 0.8 -0.85 e.g. light crude, gas oils;  
(c) 3 = ITOPF category Group III SG 0.85 -0.95 e.g. medium crude;  
(d) 4 = ITOPF category Group IV SG> 0.95 or Pour Point > 30 degrees  
 
(4) Operators shall ,  identify potential wors t case scenarios which could give rise to a n oil pollution incident 
to the land or water body from their installations such as well blowout or diesel tank rupture or from 
operations involving a third party, such as offloading of fluids via tanker.  
 
(5) The  information under subregulation (3) shall  be used to determine the correct response strategy and 
subsequent management of any oil pollution incidents.   
 
(6) Operators shall  identify potential situations which could give rise to a pollution incident, incl uding 
worst -case scenarios.  
 
(7) An effective OPEP shall  allow operators to respond effectively and efficiently to all identified oil 
pollution incident scenarios . 
 
(8) All OPEPs associated with existing installations and production wells, exploration, ap praisal and 
development (production) drilling operations, or work -over and intervention operations on hydrocarbon 158 
 
producing wells that are undertaken in Uganda shall  assess and provide for an effective response to an 
identified worst -case scenario where al l containment barriers have failed resulting in a blow -out.  
 
(7) The response would normally require the drilling of a relief well.  
 
(8) The OPEP shall  in addition consider the worst -case scenario relating to the total loss of the installation‘s 
hydrocar bon inventory.  
 
(9) Worst case scenarios shall  be accurately identified and assessed using the guidelines in 
regulation………..  
 
(10) Operators of oil pipelines shall  have in place the capability to detect loss of inventory from their 
pipelines.  
 
(11) Tota l loss of pipeline inventory is determined as the worst case pipeline scenario.  
 
(12)  Any pipeline OPEP shall  make reference to specific pipeline emergency procedures and provide details 
of the time required to shut down and the potential quantities that  may be released.   
 
(13) Detection limits for main trunk lines shall  be provided within the justification document.  
243. Worst Case Scenarios  
(1) The following information shall  be taken into consideration when preparing  the OPEP submission - 
 
(a) well and res ervoir information relevant to the scale of potential releases of hydrocarbons, including 
information relating to the nature of the hydrocarbons and the well flow characteristics; the potential 
daily release rate; and the total quantity of hydrocarbons tha t could be released during the maximum 
time that it could take to stop the release and where there are reservoir characteristics relevant to this 
information, such as High Pressure and High Temperature (HP/HT) conditions, this information 
shall  be included ; 
 
(b) identification of the worst -case scenario in relation to the potential release of reservoir hydrocarbons 
and for all operations relating to exploration, appraisal and development wells including normal 
production operations, drilling, well int ervention,  and well abandonment  the worst -case scenario 
shall  be the quantity of reservoir hydrocarbons that could potentially be released if all containment 
barriers failed, i.e. a well blow -out with total loss of containment.   
 
(c) the scenario shall  be directly rela ted to the particular circumstances of the installation, the proposed 
activities, and the reservoir characteristics, and shall  be consistent with the information used by 
other operational departments, well engineering.  
 
(d)  if the operation involves the dril ling of a dry gas well, and no oil or condensate is expected; or there 
is insufficient reservoir pressure for a well to flow unaided; or if the flow rate is likely to reduce 
significantly during the period of any release, this shall  be reflected in the OPE P as it is likely that 
shall  affect the pollution response strategy and the assessment of any potential environmental 
impact.   
 
(e) If the OPEP covers a number of wells, the highest flow rate well shall  be used to identify the worst -
case scenario, and this shall be explained in the OPEP and related environmental submissions as it 
may conflict with the information provided in applications relating to the other wells;  
 159 
 
(f) identification of the worst -case scenario in relation to the potential relea se of the installa tion 
hydrocarbon  inventory, which shall  normally be the total diesel fuel inventory, although other 
inventories such as drilling fluid base oil may be relevant.  
 
(2) Although it is not relevant for well operations, the worst -case assessment of pipeline rel eases shall  be 
based on the total volume of liquid hydrocarbons present in the isolated pipeline and, in the case of major 
trunk lines, the modelling shall  assess three potential release locations, at the offshore installation; at the 
mid-point; and at a l ocation as close to the landfall location as can be accommodated by the model.   
 
 
(3) Although the OPEP shall  always address the worst -case scenarios, operators are reminded that 
comparatively small releases of certain types of oil, or small releases in s ensitive areas, or small releases in 
certain circumstances, have the potential to result in a significant environmental impact and may therefore 
require a substantial response.  
244. Well Flow Rates  
(1) Well flow -rate shall  be specific to the well(s) that i s the subject of the OPEP or OPEP Addendum.  
(2)  If the OPEP covers more than one well, details of each wells flow rates shall  be included to allow the 
user to gain a quick understanding of potential release rates in the event of a well incident and the we ll with 
the maximum  flow rate shall  be used for modelling purposes and to determine adequate response recourses.     
(3) The flow rate shall  be based on information relating to the particular installation, activity and reservoir, 
and shall  be provided in c ubic metres per day or hour and the units clearly stated.   
(4) The flow rate shall  be consistent with information included in the PON15 and any other relevant 
regulatory submissions, or any discrepancy shall  be explained.   
(5) The selected flow rate shall be used to calculate the predicted total loss of hydrocarbons during the 
period covered by the modelling, and during the estimated time taken to stop the release, and the calculated 
volumes shall  be clearly stated.  
245. Modelling  
(1) When developing an O PEP oil pollution modelling shall  be used to determine the impact of potential oil 
pollution with results providing an indication as to the trajectory and likely fate (weathering and transport) 
of the oil.  
 
(2) Deterministic and stochastic modelling shall  be carried out based on the identified installation specific 
worst -case release scenarios to determine the fate of the released liquid hydrocarbons and the output shall  be 
considered alongside relevant environmental sensitivities, to inform the response s trategy.   
 
 (3) The models shall  be run for a period of time that is sufficient to identify the potential directions of travel 
and the areas likely to be at risk and as a minimum, the models shall  be run for a period of 10 days under 
worst -case liquid hydr ocarbon release conditions, or until there are no released hydrocarbons re maining on 
the water or land  until they have evaporated or dissipated.  
(4)  If the minimum 10 -day modelling period does not clearly identify the potential areas at risk, then the 
modelling period shall  be extended.  
 
(5) Trajectory modelling shall  use the same inputs as the stochastic modelling.  
 
(6) Conclusions of both the deterministic and stochastic modelling shall  include - 160 
 
(a) likelihood of impacts on environmental sensitivities such as bird populations, conservation areas 
or other users of the land or water body  and the scale of that impact at different times of the year;  
 
(b) the identification of the areas that could be impacted as a result of any release;  
 
(c) what time scale is the oil li kely to disperse completely  to the water body  shall  the oil become 
prior to dispersion; and  
 
(d) no counter pollution measures shall  be taken into consideration  when assessing the impact.  
 
(7) For oil installations deterministic modelling shall  be carried out  for both diesel and oil and stochastic 
modelling shall  be carried out for oil.  
 
(8) For gas and condensate installations deterministic modelling shall  be carried out for diesel and gas or 
condensate and stochastic modelling shall  be carried out for diese l.  
 
(9) In all cases, the modelling shall  be undertaken using relevant weather, current and temperature data 
obtained from scientifically -validated historic data sources, and the origin of this information shall  be fully 
referenced.  
 
(14) Currently -availa ble models are capable of meeting the above requirements, to enable operators to 
develop a competent response strategy that adequately addresses all potential release scenarios.  
246. Environmental Impact Assessment  (Should we leave this to EIA?)  
(1) Operat ors shall  carry out an assessment of the potential environmental impacts associated with their 
identified oil pollution scenarios to ensure that a timely and adequate oil pollution response is developed 
within the OPEP.  
 
(2) The OPEP shall  contain a brief  summary of the predicted environmental and socio -economic impacts of 
the worst -case release of liquid hydrocarbons, taking account of the results of the modelling undertaken to 
identify the areas that could be impacted as a result of any liquid hydrocarbo n release and sensitivity data 
relevant to those areas.  
 
(3) Details of environmentally sensitive areas that could be impacted by a release shall  be obtained from 
appropriate contacts, such as the relevant fisheries authorities, NFA, UWA, NEMA and Director ate of Water 
Resources.  
(4) A base line description of the surrounding environment highlighting sensitive components with seasonal 
variations and all environmental sensitivities at risk in Uganda shall be included in the OPEP  submissions.  
 
(5) Where requi red, a Protection Plan shall  be prepared and submitted to NEMA  in accordance with 
guidelines issued by NEMA and the relevant local authorities shall  be contacted in addition to the bodies 
detailed above to ensure that comprehensive and up -to-date environme ntal information is included in the 
plan.  
 
247. Summary of pollution incident scenario and environmental impact assessment  
(1) Full pollution incident scenario and environmental assessment information may provide too much detail 
in the final OPEP document and may not add value during any response and shall  be summarised in 
accordance with the guidance contained in regulation.. .  
 161 
 
(2) Full details of the assessment shall  be included within the OPEP application in a separate Justification 
Document for approva l. 
248. Socio -economic i mpacts  
(1) Any significant potential socio -economic impacts that could have a bearing on the response strategy 
shall  be summarised in the OPEP for example, in certain areas, it may important to ensure that fish ermen or 
fish farmers are regularly advised of the location and direction of movement of a spill; or it may be 
important to avoid using dispersants in areas where there would be a possibility of dispersed oil 
contaminating harvested or farmed shellfish  stocks  or it may be neces sary to take specific measures to 
prevent oil coming ashore in areas with a high amenity value.   
(2) It is not necessary to try to quantify the economic impact, but any significant potential impacts shall  be 
identified and clearly linked to the response s trategy.  
249. Pollution incident Assessment  
(1) During a pollution incident , an assessment shall  be carried out to determine an effective response 
strategy.  
 
(2) All efforts shall  be made to identify the volume and type of oil discharged to help determin e the 
dispersion characteristics, fate and likely impact of the oil.  
 
(3)  Arrangements shall  be in place to monitor the movement, spreading and emulsification of any oil 
discharged to allow an assessment of the potential threat to the environment to be ma de.  
 
(4) An initial assessment may be performed by visual inspection from the installation or standby vessel; 
however, this may have limitations if the extent of the pollution is large or moving away from the 
installation and therefore, aerial surveillanc e and oil pollution modelling may be required to allow the 
extent, trajectory and fate of the oil to be more accurately observed and predicted.  
 
(5) Details of the procedures and mechanisms used by operators to assess any oil pollution shall  be included 
within the OPEP.  
 
(6) The level of assessment required shall  be determined in accordance with the circumstances and severity 
of any pollution incident when it occurs.   
250. Volume and tracking of oil p ollution  
(1) Efforts shall be  made to quantify the max imum total volume lost using measured or calculated data from 
operational or production losses.  
 
(2) Where this is not possible the Bonn Agreement Oil Appearance Codes (BAOAC) shall  be used to 
estimate losses from a visual assessmen t or aerial surveillanc e of oil on the environment .  
 
(3) A maximum and minimum figure shall be provided where BAOAC are utilised in order to allow a 
suitable assessment of potential pollution, in accordance with NEMA  PON1 Guidance . 
 
(4) Initially oil pollution shall  be tracked using visual assessment, where possible and an early estimation of 
the movement of oil on the surface can be calculated using manual trajectory estimations.       
 
(5) During pollution events , it is necessary to have procedures and mechanisms to estimate the v olume of oil 
discharged to the environment  and it s trajectory as detailed above and   included within the OPEP.   
 
251. Aerial surveillance  
(1) The use of aerial surveillance in the monitoring of oil pollution allows an accurate picture to be formed 
and as sists in the development of targeted response options.  162 
 
 
(2) Aerial surveillance shall  allow - 
(a) oil pollution to be tracked;  
(b) the size and nature of any slick to be determined;  
(c) an estimation of the volume of oil to be made;  
(d) the trajectory and fate of the oil  to be determined i.e. is the oil dissipating or emulsifying;  
(e) identification of any environmental sensitivities i.e. rafting seabirds or other users of the sea.  
 
(3) All operators holding an OPEP shall  have the capability to mobilise aerial surveillance in  accordance 
with the Minimum Response Requirements detailed in regulation…..Table 7.1. and thereafter flight 
frequency shall  be assessed during each incident as part of the response strategy.  
 
(4) Methods used may include helicopters or dedicated aerial s urveillance aircraft.  
 
(5) Effective aerial surveillance requires observers to be fully trained and competent in techniques for 
detecting oil, both visually and through interpretation of a range of remote sensing technologies.   
 
(6) As a minimum, the fol lowing shall  be available on surveillance aircraft - 
(a) infrared Scanner imaging equipment;  
(b) Ultra Violet Scanner imaging equipment;  
(c) suitable navigation equipment including Global Positioning System (GPS) to ensure the accurate 
display of search areas and spra y patterns and to control the activities of other resources under its 
control during counter -pollution operations;  
(d) suitably trained and experienced aircrew and other trained staff to ensure an adequate, continuous 
response capability.  
 
(7) Operators shall  be aware that NEMA/PEPD/UWA/NFA may, at their discretion, undertake their own 
independent aerial surveillance flights.    
252. Oil modelling during oil pollution incidents  
(1) During actual oil pollution incidents operators shall  have oil pollution modelli ng capabilities available as 
part of their response arrangements.  
 
(2) Real time parameters shall  be used to assist in predicting the trajectory and fate of hydrocarbons and 
areas of the environment at risk to help determine a targeted response strategy.  
253. Dispersant and Aerial Surveillance Requirements  
(1) Once the oil pollution incident scenarios and environmental sensitivities have been identified the next 
stage is to identify suitable response options.  
 
(2)  In the event of an oil pollution incident  operators shall  have the capability to respond to the pollution.  
 
(3)  It is not possible to produce a standard OPEP therefore each plan shall  be developed to reflect operator, 
installation, incident and environmental specific criteria.   
 
 
 
 163 
 
Oil Discharg e Reporting Requirements  
254. Report ing oil d ischarges to the National Response Center and NEMA/Authority   
(1) If a facility or vessel discharges oil in connection with oil activities or which may affect natural resources 
under the Government, the owner/op erator is required to follow certain reporting requirements.  
(2) This Part identifies certain types of discharges from regulated facilities that also need to be reported to 
NEMA.  
 255. Person subject to reporting requirement   
(1) Any person in charge of a  vessel or of a facility  regulated under these Regulations is  subject to the  
reporting requirements of the discharge of o il if it discharges a harmful quantity of oil to Uganda‘s waters , 
adjoining shorelines or which may affect natural resources under the Government.  
256. Definition of “harmful quantity” of discharged oil  
(1) For purposes of these Regulations, ―harmful  quantity ‖ is any quantity of discharged oil that violates state 
water quality standards, causes a film or sheen on the water‘s surface, or leaves sludge or emulsion beneath 
the surface.   
(2) Reporting oil discharges does not depend on the specific amount of oil discharged, but instead can be 
triggered by the presence of a visible sheen created by the discharged oil or the other criteria desc ribed 
above.  
 
257. Where to report an oil discharge  
(1) A facility shall  report discharges to the National Response Center (NRC)/NEMA which is the 
government‘s  centralized reporting center.  
(2) Where reporting  directly to NRC is not practicable, reports also can be made to the NEMA/ Police 
regional office  or the Authority for upstream or midstream facility .  
 
258. When to report   
Any person in c harge of a vessel or facility  shall  notify NRC  and NEMA  immediately after he or she has 
knowledge of the dischar ge.  
 
259.  Information to be reported  
The person reporti ng an oil spill shall provide  as much information about the incident as possible including - 
(a) name, organization, and telephone number;  
(b) name and address of the party responsible for the incident;  
(c) date and time of the incident;  
(d) location of the incident;  
(e) source and cause of the discharge, if known;   
(f) types of material(s) discharged;  
(g) quantity of materials discharged; and   
(h) danger or threat posed by the discharge to  human life and the environment.  
 
260. Oil discharge reporting fact sheet  
The oil spill reporting fact sheet shall contain - 
(a) number and types of injuries (if any);  
(b) weather conditions at the incident location; and   164 
 
(c) other information to help emergency personnel respond to the incident.  
261. Handling of reports  
(1) NRC shall relay the information  received under regulation ---- to the police, NEMA and relevant  lead 
agency, depending on the location of the incident.  
 
(2) After receiving a report, the NEMA, police or relevant lead agency shall ev aluate the situation and 
decides whether government emergency response action is necessary.  
262. Oil discharge reporting requirements  
(1) Any facility owner or operator shall  comply with the reporting requirements under  these Regulations.  
(2) A discharg e shall  be reported to the NEMA, NRC when there is a discharge of - 
(a) more than 1,000   gallons of oil in a single discharge to state waters or adjoining shorelines;  or  
 
(b) more than 42  gallons of oil in each of two discharges to state  waters or adjoining sho relines 
occurring within any twelve -month period  
 
(3) When determining the applicability of reporting  requirement, the gallon amount  specified  in 
subregulation (2)  refers to the amount of oil that actually reaches state  waters or adjoining shorelines, not  the 
total amount of oil spilled.  
263. Information to be submitted to NEMA  
(1) The owner or operator shall provide the following - 
(a) name and location of the facility;  
(b) owner or operator name;  
(c) maximum storage or handling capacity of the facility and normal daily throughput;  
(d) corrective actions and countermeasures taken, including descriptions of equipment repairs 
and replacements;  
(e) adequate description of the facility, including maps, flow diagrams, and topographical maps, 
as necessary;  
(f) cause of the discharg e to the waters  or land , including a failure analysis;  
(g) failure analysis of the system where the discharge occurred;  
(h) additional preventive measures taken or planned to take to minimize discharge reoccurrence; 
and  
(i) other information the NEMA may  reasonabl y require.  
 
(2) An owner or operator shall  also send a cop y of the information under subregulation (1 ) information  to 
the local government  in which the facility is located.  
 
(3) After submission of the information under subregulation (1), NEMA shall  review the information 
submitted by the facility and may require a facility to submit and amend its OSCP.  
 
(4) Facilities and equipment that qualified for the new streamlined requirements may lose eligibility for 
those options as determined by NEMA.  165 
 
On Oil Pollution Emergency Plan Requirements  
 
264. Purpose of an OPEP  
(1) Operators are responsible for, and shall  be able to respond to, pollution incidents relating to their 
installations or infrastructure.  
 
(2)  These Regulations require operators to produce a fit-for-purpose, operational document, that clearly sets 
out the procedures for responding to offshore oil pollution incidents in an effective and efficient manner, and 
in co -ordination with the National Oil Spill Contingency Plan.  
 
(3) The scope of an O PEP shall  cover many different activities and functions.  
 
(4)  When developing the OPEP, it is therefore essential that a multi -disciplinary team approach is used to 
capture operational, response and environmental requirements.   
 
(5) Team members may inc lude, but not be limited to, senior management, offshore and  onshore operational 
personnel including relevant contractors, response personnel including relevant contractors, Health, Safety 
and Environment (HS& E) advisors, insurance advisors .   
 
(6) If cont ractors or environmental consultants are employed to develop and write the OPEP, relevant 
information shall  be provided and reviewed by appropriate personnel employed by the operator and 
responsible for incident response, to ensure that a robust and fit -for-purpose document is produced.  
  
265. Category of installations requiring and OPEP  
(1) All installations, infrastructure and activities that could give rise to an oil pollution event on the UKCS 
shall  be covered by an OPEP.  
 
(2)  Th is requirement applies  to fixed  gas, condensat e and oil pipelines;  storage facilities  and facilities, 
including any connected third party infrastructure that is not the subject of a separate OPEP.  
 
(3) Where there  is any doubt as to whether an OPEP is required, operators shall  contact the NEMA 
inspectors.  
 
(4) Types and categories  of installations and types of activity requiring an OPEP - 
(a) pipelines   including combined platform or handling facility  and pipeline  OPEP, or separate 
pipeline OPEP ; 
(b) exploration wells  unless addressed  within scope of an existing plan;  
(c) appraisal wells as per exploration wells;  
(d) refineries;  
(e) development wells unless addressed within scope of existing plan;  
(f) decommissioning;  
(g) well intervention, well work  over and well abandonment; and  
(h) all oil storage facilit ies; and  
(i) oil transportation tanks or vehicles.  
 
 
(5) OPEPs are therefore required for all oil and gas activities undertaken Uganda which could  give rise to a 
pollution  incident.  
 166 
 
(6) The facilities and activities covered by the OPEP shall  be clearly stat ed in the submission, and be 
consistent throughout the document and where  appropriate, a schematic shall  be included to identify the 
infrastructure covered by the submission, supported by the data in a table format.  
 
(7) To ensure compliance with these Reg ulations, OPEP‘s shall  be submitted by operators for approval to 
NEMA at least 2 months prior to the start of activities.  
Types of Installations Requiring an OPEP  
266. Single Installation  
All single installations shall  have an OPEP and may  include a comple x of bridge linked installations.  
 
267. Groups of installations  
(1) Groups of installations may be included within one OPEP provided all the actions required in respect of 
each individual installation are clearly identified and the geographical location of  the installations is within a 
reasonable distance so that the potential environmental impact of a pollution incident from within the group 
can be treated as comparable.  
 
(2) In most cases groups of installations shall  be physically joined by infrastructu re and may include 
offshore installa tions,  and pipelines associated with a host installation.   
 
(3) Where an OPEP covers more than one installation operators shall  ensure the document contains specific 
information relating to each installation thus ensuri ng that personnel using the document can clearly identify 
response arrangements associated with their installation.   
 
(4)Operators shall  be aware that OPEP requirements associated with groups of installations shall  be assessed 
on a case by case basis to e nsure that individual aspects associated with the developments, environmental 
sensitivities and response arrangements can be taken into account.  
 
(5)  Operators may contact NEMA  to discuss individual circumstances if required.  
   
268. Pipelines  
(1) Pipeli nes engaged in the transportation of oil, condensate,  wet gas, or gas shall  be covered by an OPEP.   
 
(2) Pipeline operators both in -field and trunk export  may have a separate pipeline plan or a combined host 
installation and pipeline plan.    
 
269. Explor ation, appraisal and development Wells  
(1) All exploration, appraisal and development drilling and production operations conducted on an 
installation shall  be covered within an approved OPEP.   
 
(2) T he operations are from a fixed installation with an exis ting approved OPEP covering th ese activities, all 
exploration, appraisal and development operations shall  be covered within the existing OPEP.   
 
(3) All exploration, appraisal and development operations carried out from a mobile drilling unit shall  be 
included within an OPEP.  
 
(4) Where the mobile drilling unit is within the vicinity of a fixed production installation the activities can be 
covered in an addendum to the existing fixed installation OPEP and each addendum shall  require separate 
approval.  
 167 
 
(6) Each new exploration, appraisal and development operation shall  require an assessment to ensure that 
local environmental sensitivities and contingency arrangements have been addressed and the assessments 
shall  be included in the addendum.   
 
(7) If an O PEP covers a number of wells, for example if there is a three -well drilling programme, all the 
wells shall  be identified in the submission.   
 
(8) If only one of the wells is identified in the OPEP, NEMA  shall  assume that there is an outstanding 
submission  for the other wells, even if the OPEP mentions a multiple -well drilling programme, and this shall  
inevitably delay the determination of the OPEP, and could delay the determinations of other related 
environmental submissions.  
 
(9) It is not acceptable to s ubmit an addend um to an obsolete exploration, appraisal and  development drilling 
OPEP.   
 
270. Well intervention, well work overs, well abandonment and decommissioning operations  
(1) Well intervention, well work overs , well abandonment and decommissioning operations require to be 
included within the scope of an OPEP where there is a risk of oil pollution.   
 
(2) These activities may be incorporated into an existing OPEP and operators are encouraged to include 
these activities when submitting an OPEP for ini tial approval.  
 
271. Natural Gas Liquid (NGL)/Gas Storage import and export stations  
All NGL or gas s torage import and export stations require an OPEP.    
 
272. Testing and evaluation m ethods  
(1) Several toxicity test methods including the flash point tes t, oral toxicity test, dermal toxicity test, and the 
inhalation toxicity test and those provided for in the Second Schedule shall be adopted in determining the 
toxicity of oil after an oil spill has occurred.  
 
(2) An owner of an oil storage facility, trans porter or distributor of oil or oil products shall adopt any or all 
of the following response technology and evaluation methods to clean up the environment in case of an oil 
spill:  
(a) in-situ volatilisation in case of spills of gasoline and other fuel oils;  or  
 
(b) biodegradation and excavation in case of Gasoline, fuels, oils, Coal tar and Residues.  
 
 
273. Oil Spill Response Technical Guidelines  
 (1) Oil spills, as already mentioned, may have very serious impacts on the environment, the coastal 
activities and al l those that, directly or indirectly, use the marine resources.  
 
(2) The severity of those impacts is determined by an ensemble of factors to which the selected response 
method is not foreign.  
 
(3) This purpose of this section is to consider, in a synthet ic manner, potential response techniques against 
oil spill incidents and propose guidelines for their application.  
 
(4) The Oil Spill Response National Centre shall have additional technical information available to the 
Incident Command team members.  
 
274. Identification of the spill source  
(1) This is, normally, a relatively easy task when it is about major spills.  
 168 
 
(2) In case of spills in port areas, moorings and coastal areas, which may result from incidents or operational 
discharges, the identification  may be very difficult, often being necessary to resort to chemical tests to verify 
responsibilities.  
 
(3) Such identification becomes primordial also for payment or obtaining compensation for the victims.  
 
275. Measures to block or minimize the oil spill  
(1) The greater respo nsibility of an  operator of an oil handling facility in  land, shall be to stop the oil spill as 
fast as possible.  
 
(2) When the spill is originated in a ship, one shall try and proceed to the transfer of the oil contained in the 
damage d tanks, in order to allow the ship to proceed to the nearest port to be repaired.  
 
(3) This operation may be carried out with the help of tank ers, barges or floating tanks.  
 
(4) F loating hoses may also be utilized to help the transfer.  
 
(5) Usually, thes e operations require great experience and competence.  
 
276. Monitoring of oil slicks  
(1) Where the oil slicks drift away to a water body , an immediate respons e may not be necessary but a 
regular aerial survey shall  be organized in order to  confirm the move ment of the slicks and the behaviour  of 
the oil.  
 
(2) This technique is worthy of end orsement in the following cases - 
 
(a) light oil spills, especially if the in cident occurs far from the lakeshore  and sensitive areas  and the 
oil shall disperse by evapora tion and natural bio degradation  before generating any impa ct; 
 
(b) o il spills where the local weather conditions push the slicks offs hore; c onsidering the winds and 
predominant currents  and this  measure re quires the following - 
  
(i) look for and mobilize  an airplane for aerial survey;  
 
(ii) h ire personnel trained to recognize oil in the water: the light reflected on the 
spilled oil usually makes it difficult to evaluate its extension and volume from the 
deck of a ship  or from land;  
 
(iii) o bservation from  aerial means greatly reduces such difficulty;  
 
(3) Prepare a cartography of the oil, differentiating between concentrations and shin and estim ate the 
quantity of spilled oil.  
 
(4) The oil slicks shall be object of regular aerial survey, particularly in ar eas where the wind and current 
conditions are complex and do not follow established templates.  
 
(5) Obtain, if possible, meteorological forecasts for 71 hours periods;  
 
(6) Ensure realization of calculations to predict the probable movement of the slicks.  
 
(7) Opt for surveillance when chemical treatment or recovery is not adequate or necessary.  
 
(8) The oil slicks shall be watched until they are no longer a threat to the coast or sensitive areas.  
 169 
 
 
 
 
277. Appearance of spilled oil  
(1) An oil spill usually  has the appearance of ―scraps‖ with thin coatings which may contain concentrations 
of thicker layers and t he thick er layers present dark colours, the intermediat e layers may be blue or present 
iridescence, while the th inner coatings present a silver aspec t. 
 
(2) Some phenomena  present abnormalities, such as the passage of a ship ov er the oil spilled by itself or 
another, the shades of the clouds, the existence of algae, medu sas, and plankton and submarine sandbanks  
but, after acquiring some experience, the  observer shall  no longer mix these observations with actual 
evidences of oil spill.  
 
(3) It is not alway s easy, just by observation, to conclude if the spilled product is crude oil or another 
product, which m ay usually be settled making an inspection aboa rd the ship.  
 
278. Assessm ent of the spilled oil quantity  
(1) In order to determ ine the response level and even the possible penalty for the  infringer it is very useful to 
estimate the quantity of oil spilled.  
 
(2) This es timate may be made establishing - 
 
(h) the extens ion of the area affected by the pollution;  
(i) extension of that area covered by the oil;  
 
(j) the percentage of the coverage by oil, through the colours.  
 
(3) The relations co lour or volume until code 5 of the following table derives from results of dr ills at sea 
with controlled discharge s of oil.  
 
279. Records Documents to Be Public Documents  
Records kept by an owner of an oil storage plant, transporter, and distributor, of used oil in relation to oil 
spills shall be public documents.  
 
280. Register of  licences  
 
The Authority and any other designated body shall maintain a register of holders of licences to store, 
transport, di stribute, or dispose of oil or  oil products.  
 
281. Improvement Notice.  
(1) Where an Inspector has reasonable cause to believe tha t any person is violating or is about to violate any 
provisions of these Regulations, he or she may issue an improvement notice against such a person or take 
any such measures in accordance with the provisions of section 80 of the Act.  
 
(2) Any action take n in accordance with the provisions of sub -regulation (a) of this regulation shall not act 
as bar to any other civil or criminal proceedings which may be taken under any other provisions of the act in 
respect to the same activity for which the improvement notice shall have been issued.  
 
282. Cancellation of Licence  
(1) The NEMA  may suspend or cancel any licence issued under the Act if he or she is satisfied that the 
conditions of the grant of the licence have been violated.  
 
(2) The Commissioner may also s uspend or cancel such a licence if he or she is satisfied that the continued 
operation of the transaction for which it was issued may be injurious to the environment.  170 
 
 
PART XV- REMEDIES  AND ENFORCEMENT  
283. Exclusive remedies  
(1) When applicable, the limi tations of liability and immunities provided in this Chapter shall be exclusive 
and shall supersede any other liability provisions provided by any other applicable state law.  
 
(2) The provisions of this Part shall supersede, but not repeal, any conflictin g laws of this state.  
 
(3) Any conflicting applicable federal law shall take precedence over this Part.  
 
(4) Notwithstanding any other provision of this law, nothing herein shall be construed to preclude the 
Department of Wildlife and Fisheries from brin ging a civil suit to recover penalties for the value of each 
fish, wild bird, wild quadruped, and other wildlife and aquatic life unlawfully killed, caught, taken, 
possessed, or injured pursuant to R.S. 56:40.1 et seq.  
 
284.  Enforcement  
(1) Any violatio n of the provisions of this Chapter shall be subject to the enforcement, penalty, procedural, 
and adjudicatory provisions of this regulation.  
 
(2) In addition to other factors required to be considered by the secretary in such proceedings, the 
coordinator  shall submit his report regarding a violation of this Chapter to the secretary, and the secretary 
shall give due consideration to the report.  
 
285. Offences  
(1) Any operator of an offshore installation or of an oil handling facility who without reasonabl e cause - 
 
(a) fails to submit or re -submit an oil pollution emergency plan in accordance with regulation 4(3), 
(4) or (5);  
 
(b) does not maintain an oil pollution emergency plan, as approved (with alterations directed by the 
NEMA under regulation 4(5) to (7); or  
  
(c) fails to implement its oil pollution emergency plan in contravention of regulation 4(8),  
commits an  offence  and is liable on conviction to a fine not exceeding one Million currency points or 
imprisonment not exceeding………or both.  
 
(2) Any person required  to make a report under regulation 5 or 6, as the case may be who, without 
reasonable cause, fails to comply with that requirement in all respects commits an offence  and is liable on 
conviction o a fine not exceeding ……currency points or imprisonment not exceeding………….years or 
both.  
 
(3) Any person who fails  to submit, maintain  or implement an OPEP or fail  to report an oil pollution 
incident   commits and offence and is liable  on conviction to a fine not exceeding………..currency points or 
imprisonment not ex ceeding…..years or both .   
 
286. Penalties  
An oil spiller is by these  Regulations  to report an oil spill to the Committee in writing not later  
than 24 hours  after the occurrence of an oil spill, in default of which the failure to report  
shall attract a penalty in the sum of five hundred thousand currency points for each  
day of failure to  report the occurrence.  171 
 
(3) The failure to clean up the impacte d site, to all practical extent including remediation, shall attract a 
further fine of one million currency points.  
(4) Such notice in writing is deemed to have been made, if delivered at the nearest  
zonal office closer to the impacted site, and of the Com mittee, the National Control and Response Centre 
within the stipulated time in subregulation  (2).