This rule may have many implications for most, if not all, industrial companies nationwide, particularly those who manage bulk quantities of petroleum based products or waste oils.
Oil includes petroleum fuel oil, sludge, oil refuse, vegetable oils, and oil mixed with wastes.
A catastrophic spill is not necessary to trigger NRDA exposure. Furthermore, if a company's spill reporting procedures require that de minimus releases may put your facility on the radar screen for an NRDA claim. NRDA claims by federal, state or tribal trustees seeking to recover damages from responsible parties have the effect of a rebuttable presumption under both NOAA and DOI rules, thereby making it more difficult and costly to successfully defend oneself against a damage claim.