reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › COMPENSATION SCHEDULE FOR SPILLS INTO MARINE AND ESTUARINE WATERS, EXCLUDING ESTUARINE WATERS OF THE COLUMBIA RIVER › Section 173-183-400 - Vulnerability of marine and estuarine environments to oil spills

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of
				this section is to describe the method of ranking vulnerability of marine and
				estuarine environments, excluding the Columbia River estuary environment to oil
				spills for the purposes of assessing damages using the compensation
				schedule.
(2) Marine and estuarine
				waters of the state excluding the Columbia River estuary are divided into
				sixteen regions and one hundred thirty-one subregions for purposes of
				RCW
				90.48.366, as designated on the maps attached
				as Appendix 5 of this chapter.
(3)
				A spill vulnerability score (SVS) shall be calculated at the time of a spill
				for the most sensitive subregion and season impacted by the spill. The SVS
				rates the vulnerability of public resources to spilled oil based on the
				propensity of the oil to cause acute toxicity and mechanical injury, and to
				persist in the environment. SVS is determined by summing the vulnerability
				scores for marine birds, marine mammals, fishery species, recreational use and
				habitats for the subregion(s) and most sensitive season impacted by the spill.
				The formula to be used to calculate SVS for each of the three oil effects,
				acute toxicity, mechanical injury, and persistence, is as follows:
Spill vulnerability score
				  (SVS)ij=
HVSi + BVSj +
				  MVSj + MFVSj +
				  SFVSj + SAVSj +
				  RVSj
where
HVSi = habitat vulnerability
								to oil's propensity to cause i
BVS = marine bird vulnerability score (WAC
								173-183-420(3) 
								);
MVS = marine mammal vulnerability score (WAC
								173-183-460(3) 
								);
MFVS = marine fisheries vulnerability score (WAC
								173-183-430(3) 
								);
SFVS = shellfish vulnerability score (WAC
								173-183-440(3) 
								);
SAVS = salmon vulnerability score (WAC
								173-183-450(5) 
								);
RVS = recreation vulnerability score (WAC
								173-183-470(3) 
								);
i = acute toxicity (AT), mechanical injury (MI), or
								persistence (PER); and
j = the most sensitive season affected by the
								spill: Spring, summer, fall, or winter
Statutory Authority:
					 RCW
					 90.48.366,
					 90.56.050,
					 90.48.035. 13-01-055 (Order
					 11-05), § 173-183-400, filed 12/14/12, effective 1/14/13. Statutory
					 Authority:
					 Chapter
					 90.48 RCW. 92-10-005
					 (Order 91-13), § 173-183-400, filed 4/23/92, effective
					 5/24/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › COMPENSATION SCHEDULE FOR SPILLS INTO MARINE AND ESTUARINE WATERS, EXCLUDING ESTUARINE WATERS OF THE COLUMBIA RIVER › Section 173-183-410 - Marine and estuarine habitat vulnerability

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of this section is to provide
				a marine and estuarine habitat vulnerability ranking. The marine and estuarine
				habitats present in the state are:
(a)
				Classified into thirty-seven types based on substrate type, energy regime and
				depth of occurrence; and
(b)
				Relatively ranked and scored for vulnerability to oil spills on a 1 to 5 scale,
				where a habitat vulnerability score (hv) of 5 represents the greatest
				vulnerability and an hv of 1 represents the least vulnerability.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › COMPENSATION SCHEDULE FOR SPILLS INTO MARINE AND ESTUARINE WATERS, EXCLUDING ESTUARINE WATERS OF THE COLUMBIA RIVER › Section 173-183-440 - Shellfish vulnerability

Current through Register Vol. 24-14, July 15, 2024
(1)
				Each of the subregions designated in WAC
				173-183-430 is relatively ranked
				and scored for shellfish vulnerability to oil spills on a 1 to 5 scale for each
				season where 5 represents the most vulnerable ranking and 1 represents the
				least vulnerable ranking.
(2)
				Shellfish vulnerability ranking relatively ranks the vulnerability of shellfish
				present in a subregion to oil spills, where vulnerability is based on habitat
				preference, population status, abundance, fecundity, and sensitivity of life
				stages.
(3) Shellfish seasonal
				vulnerability scores for each of the marine and estuarine subregions are based
				on existing information and recommendations of the shellfish subcommittee of
				the scientific advisory board. For purposes of
				RCW
				90.48.366 shellfish seasonal vulnerability
				ranking scores (SFVS) for the subregions defined in WAC
				173-183-400 are as follows:
Table 6. Shellfish Vulnerability Scores
				  (SFVS)
Region/Subregion
SP
SU
FA
WI
101
4
4
4
4
102
5
5
5
5
103
3
3
3
3
104
4
4
4
4
105
2
2
2
2
106
3
3
2
2
107
4
4
4
4
108
4
3
3
3
109
5
5
5
5
110
1
1
1
1
111
1
1
1
1
112
1
1
1
1
2
5
5
5
5
3
5
5
5
5
401
2
1
1
2
402
3
3
3
3
403
4
4
3
4
404
3
3
3
3
405
4
4
3
4
5
5
5
5
5
6
5
5
4
5
7
5
5
4
5
8
4
3
3
4
9
4
3
3
4
1
4
3
3
4
11
4
3
3
4
12
4
3
3
4
1401
2
3
3
2
1402
1
1
1
1
1403
1
1
1
1
1404
1
1
1
1
1405
1
2
2
1
1406
1
2
2
1
1501
2
2
2
2
1502
2
2
2
2
1503
2
2
2
2
1504
3
3
2
2
1505
3
3
2
2
1506
3
3
2
2
1507
3
3
2
2
1508
3
4
3
3
1509
3
4
3
3
1510
3
4
3
3
1601
2
2
2
2
1602
2
2
2
2
1603
2
2
2
2
1604
2
2
2
2
1605
2
2
2
2
1606
2
2
2
2
1607
2
2
2
2
1608
2
1
1
2
1609
5
5
5
5
1610
5
5
5
5
1611
5
5
5
5
1612
5
5
5
5
1613
5
5
5
5
1614
5
5
5
5
1615
5
5
5
5
1616
5
5
4
5
1617
5
5
5
5
1618
1
1
1
1
1619
4
5
4
4
1620
4
5
4
4
1621
4
5
4
4
1622
5
5
4
5
1623
4
5
4
4
1624
4
5
4
4
1625
4
5
4
4
1626
4
5
4
4
1627
4
5
4
4
1628
4
3
3
3
1629
4
3
3
3
1630
4
3
3
3
1631
4
3
3
3
1632
4
3
3
3
1633
4
3
3
3
1634
2
2
2
2
1635
2
2
2
2
1636
5
5
5
5
(4)
				The shellfish vulnerability score for a spill shall be multiplied by 1.5 when
				any number of individuals of state or federal threatened or endangered
				shellfish species are exposed to spilled oil.
Statutory Authority:
					 Chapter
					 90.48 RCW. 92-10-005
					 (Order 91-13), § 173-183-440, filed 4/23/92, effective
					 5/24/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › COMPENSATION SCHEDULE FOR SPILLS INTO THE COLUMBIA RIVER ESTUARY › Section 173-183-500 - Vulnerability of the Columbia River estuary environment to oil spills

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of
				this section is to describe the method of ranking vulnerability of the Columbia
				River estuary environment to oil spills for purposes of assessing damages using
				the compensation schedule.
(2) The
				Columbia River estuary has been distinguished from other estuarine waters of
				the state because it resides within the jurisdiction of two states, Washington
				and Oregon.
(3) For purposes of
				RCW
				90.48.366, estuarine waters of the Columbia
				River are divided into one kilometer square cells. Bird, fish, mammal,
				invertebrate, habitat, and human use resource sensitivity have been evaluated
				for each cell by season. Seasonal resource sensitivities are ranked for each
				cell on a 1 to 5 scale where 5 represents the greatest sensitivity and 1
				represents the least sensitivity as designated on the maps attached as Appendix
				6 of this chapter.
(4) A
				vulnerability score (VS) shall be calculated at the time of a spill for each
				cell and for the most sensitive season impacted by the spill. The VS rates the
				vulnerability of public resources to the spilled oil.
(a) VS for a particular cell is determined by
				summing the sensitivity scores assigned to each cell for bird, fish, mammal,
				invertebrate, habitat, and human use resources as follows:
VSij =
								BSSij + FSSij +
								MSSij + ISSij +
								HSSij + HUSij
where
VSij = spill vulnerability
								score for a particular call and season
BSS = bird sensitivity score (from Appendix 6 of
								this chapter)
FSS = fish sensitivity score (from Appendix 6 of
								this chapter)
MSS = mammal sensitivity score (from Appendix 6 of
								this chapter)
ISS = invertebrate sensitivity score (from Appendix
								6 of this chapter)
HSS = habitat sensitivity score (from Appendix 6 of
								this chapter)
HUS = human use sensitivity score (from Appendix 6
								of this chapter)
i = the cell under consideration
j = the most sensitive season impacted; fall,
								winter, spring, or summer
(b)
				The raw vulnerability score for a spill (SVS) is determined by calculating the
				average of the vulnerability scores for the cells exposed to the spill as
				follows:
SVSj =
								(VS1+ VS2+ ...+
								VSx)/x
where
VSi = vulnerability score
								for cell i (from subsection (4)(a) of this section),
x = number of cells exposed to the spill,
								and
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › COMPENSATION SCHEDULE FOR SPILLS INTO FRESHWATER STREAMS, RIVERS, AND LAKES › Section 173-183-600 - Vulnerability of freshwater stream, river, and lake environments to oil spills

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose
				of this section is to describe the method of ranking the vulnerability of state
				freshwater stream, river, and lake environments, and portions thereof, to oil
				spills for purposes of applying the compensation schedule.
(2) Vulnerability of freshwater stream,
				river, and lake environments to oil spills is based on water type
				classifications and a habitat index.
(3) For each oil spill into a freshwater
				stream, river, or lake, a spill vulnerability score (SVS) is calculated. The
				SVS rates the vulnerability of public resources to spilled oil based on the
				spilled oil's propensity to cause acute toxicity, mechanical injury, and to
				persist in the environment. SVS is determined by multiplying the freshwater
				vulnerability score, which is based on the water type classification, by the
				habitat index score as described by the following formula:
Raw Spill Vulnerability Score (SVS) = FVS* HI.
where
FVS = Freshwater vulnerability score (from WAC
								173-183-610 ), and
HI = Habitat index (from WAC
								173-183-620 ).
(4)
				The final SVS score is found by rounding the raw SVS score calculated from the
				formula in subsection (3) of this section to the nearest 0.01 as follows:
				Decimals less than 0.005 shall be rounded down and decimals equal to or greater
				than 0.005 shall be rounded up.
Statutory Authority:
					 Chapter
					 90.48 RCW. 92-10-005
					 (Order 91-13), § 173-183-600, filed 4/23/92, effective
					 5/24/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › COMPENSATION SCHEDULE FOR SPILLS INTO FRESHWATER STREAMS, RIVERS, AND LAKES › Section 173-183-610 - Freshwater vulnerability index

Current through Register Vol. 24-14, July 15, 2024
(1) For purposes of this chapter, freshwater
				streams, rivers, lakes, and portions thereof, are classified into 5 water types
				based on the identification system set forth in WAC
				222-16-030 which is incorporated
				by reference.
(a) "Type 1 Water" means all
				waters, within their ordinary high-water mark, as inventoried as "shorelines of
				the state" under
				chapter
				90.58 RCW.
(b) "Type 2 Water" shall mean segments of
				natural waters which are not classified as Type 1 Water and have a high use and
				are important from a water quality standpoint for:
(i) Domestic water supplies;
(ii) Public recreation;
(iii) Fish spawning, rearing, or migration or
				wildlife uses; or
(iv) Are highly
				significant to protect water quality.
(c) "Type 3 Water" shall mean segments of
				natural waters which are not classified as Type 1 or 2 Water and have a
				moderate to slight use and are moderately important from a water quality
				standpoint for:
(i) Domestic water
				supplies;
(ii) Public
				recreation;
(iii) Fish spawning,
				rearing, or migration or wildlife uses; or
(iv) Are highly significant to protect water
				quality.
(d) "Type 4
				Water" shall mean segments of natural waters which are not classified as Type
				1, 2, or 3. Their significance lies in their influence of water quality
				downstream in Type 1, 2, or 3 Waters. These may be perennial or
				intermittent.
(e) "Type 5 Water"
				means all other waters, in natural water courses, including streams with or
				without a well-defined channel, areas of perennial or intermittent seepage,
				ponds, and natural sinks. Drainage ways having short periods of runoff are
				considered to be Type 5 Waters.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › COMPENSATION SCHEDULE FOR SPILLS INTO FRESHWATER WETLANDS › Section 173-183-700 - Vulnerability of freshwater wetland environments to oil spills

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of
				this section is to describe the method of ranking the vulnerability of
				freshwater wetland environments to oil spills for purposes of assessing damages
				by applying the compensation schedule.
(2) Vulnerability of freshwater wetland
				environments to oil spills is based on a wetlands classification which rates
				the vulnerability of a wetland to spilled oil. Wetland environments are
				classified into five categories which represent the sensitivity of habitat,
				plants, animals, and recreational use to oil spills. For purposes of this
				chapter, the wetlands vulnerability score shall be equal to the spill
				vulnerability score as follows:
Spill Vulnerability Score (SVS) = WVS
where
WVS = wetlands vulnerability score (from WAC
								173-183-710 ).
Statutory Authority:
					 Chapter
					 90.48 RCW. 92-10-005
					 (Order 91-13), § 173-183-700, filed 4/23/92, effective
					 5/24/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › COMPENSATION SCHEDULE FOR SPILLS INTO FRESHWATER WETLANDS › Section 173-183-710 - Wetlands vulnerability classification

Current through Register Vol. 24-14, July 15, 2024
(1) Freshwater wetland environments and
				portions thereof, are classified into 4 types based on the identification
				system set forth below.
(a) Category I
				wetlands. The following types of wetlands are classed as category I wetlands:
(i) Documented habitat for threatened or
				endangered plant, animal, or fish species recognized by federal or state
				agencies; or
(ii) Documented
				Natural Heritage wetland sites or high quality native wetland communities which
				qualify as Natural Heritage wetland sites; or
(iii) Documented habitat of regional (Pacific
				Coast) or national significance for migratory birds; or
(iv) Regionally rare wetland communities;
				or
(v) Wetlands with irreplaceable
				ecological functions; or
(vi)
				Documented wetlands of local significance.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › CALCULATION OF DAMAGES USING THE COMPENSATION SCHEDULE › Section 173-183-800 - Calculation of damages using the compensation schedule general

Current through Register Vol. 24-14, July 15, 2024
The purpose of WAC
				  173-183-800 to
				  173-183-850 are to
				  describe:
(1) The responsibilities of
				the OSC and RDA committee chair in applying the compensation schedule;
				and
(2) The procedures for
				determining public resource damages using the compensation schedule.
Statutory Authority:
					 Chapter
					 90.48 RCW. 92-10-005
					 (Order 91-13), § 173-183-800, filed 4/23/92, effective
					 5/24/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › CALCULATION OF DAMAGES USING THE COMPENSATION SCHEDULE › Section 173-183-810 - On-scene coordinator responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) The OSC or designee shall make the
				following determinations:
(a) Quantity and
				type of oil spilled;
(b) Extent and
				location of the spill;
(c) Whether
				containment of spilled oil was effective within the times specified in WAC
				173-183-870(1)(c) and
				(d);
(d) Whether spilled oil contacted the
				shoreline within the times specified in WAC
				173-183-870(1)(c) and
				(d); and
(e) The amount of oil cleaned up on a daily
				basis, and in total.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › CALCULATION OF DAMAGES USING THE COMPENSATION SCHEDULE › Section 173-183-820 - RDA committee chair responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) The RDA committee chair shall, in
				consultation with the OSC and RDA committee, determine the following:
(a) For spills into marine or estuarine
				environments excluding the Columbia River estuary:
(i) The acute toxicity, mechanical injury and
				persistence oil class rankings for the spilled oil as provided in WAC
				173-183-340;
(ii) Subregion(s) exposed to the spilled
				oil;
(iii) Habitat types exposed to
				the spilled oil as classified in WAC
				173-183-410 for spills of 1,000
				gallons or more;
(iv) Percent
				coverage of each habitat type within the area of spill exposure for spills of
				1,000 gallons or more;
(v) Percent
				coverage of habitat types present within the subregion(s) exposed to spilled
				oil for spills of less than 1,000 gallons.
(vi) A spill's habitat vulnerability scores
				(HVS) for acute toxicity, mechanical injury, and persistence as determined by
				the procedures outlined in WAC
				173-183-400; and
(vii) The spill vulnerability scores
				(SVSAT, SVSMI,
				SVSPER) for the most vulnerable season affected by the
				spill using the formula provided in WAC
				173-183-400.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › CALCULATION OF DAMAGES USING THE COMPENSATION SCHEDULE › Section 173-183-830 - Calculation of damages for spills into marine and estuarine waters, except the Columbia River estuary

Current through Register Vol. 24-14, July 15, 2024
(1)
				The formula provided in subsection (2) of this section shall be used to
				determine damages liability for spills into marine and estuarine waters, except
				the estuarine waters of Columbia River. The value of the variables used in the
				formula shall be determined by:
(a) The OSC
				as enumerated in WAC
				173-183-810(1);
(b) The mutually agreed upon independent
				expert, if applicable, as described in WAC
				173-183-810(2);
				and
(c) The RDA committee chair as
				enumerated in WAC
				173-183-820(1)(a).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › CALCULATION OF DAMAGES USING THE COMPENSATION SCHEDULE › Section 173-183-840 - Calculation of damages for spills into the Columbia River estuary

Current through Register Vol. 24-14, July 15, 2024
(1) The formula
				provided in subsection (2) of this section shall be used to determine damages
				liability for spills into the estuarine waters of Columbia River. The value of
				the variables used in the formula shall be determined by:
(a) The OSC as enumerated in WAC
				173-183-810(1);
(b) The mutually agreed upon independent
				expert, if applicable, as described in WAC
				173-183-810(2);
				and
(c) The RDA committee chair as
				enumerated in WAC
				173-183-820(1)(b).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › CALCULATION OF DAMAGES USING THE COMPENSATION SCHEDULE › Section 173-183-850 - Calculation of damages for spills in freshwater streams, rivers, and lakes

Current through Register Vol. 24-14, July 15, 2024
(1) The formula
				provided in subsection (2) of this section shall be used to determine damages
				liability for spills into freshwater streams, rivers, and lakes. The value of
				the variables used in the formula shall be determined by:
(a) The OSC as enumerated in WAC
				173-183-810(1);
(b) The mutually agreed upon independent
				expert, if applicable, as described in WAC
				173-183-810(2);
				and
(c) The RDA committee chair as
				enumerated in WAC
				173-183-820(1)(c).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › CALCULATION OF DAMAGES USING THE COMPENSATION SCHEDULE › Section 173-183-860 - Calculation of damages for spills into freshwater wetlands

Current through Register Vol. 24-14, July 15, 2024
(1) The formula provided in subsection (2) of
				this section shall be used to determine damages liability for spills into
				freshwater wetlands. The value of the variables used in the formula shall be
				determined by:
(a) The OSC as enumerated in
				WAC 173-183-810(1);
(b) The mutually agreed upon independent
				expert, if applicable, as described in WAC
				173-183-810(2);
				and
(c) The RDA committee chair as
				enumerated in WAC
				173-183-820(1)(d).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › CALCULATION OF DAMAGES USING THE COMPENSATION SCHEDULE › Section 173-183-865 - Calculation of damages for spills entering more than one type of receiving environment

Current through Register Vol. 24-14, July 15, 2024
For spills that enter more than one type of receiving
				  environment, as classified in WAC
				  173-183-400,
				  173-183-500,
				  173-183-600, and
				  173-183-700, damages liability
				  shall be determined as follows:
(1)
				Damages shall be calculated using the procedures enumerated in WAC
				173-183-800 through
				173-183-890 for each of the
				receiving environment types exposed to spilled oil;
(2) Total damages liability shall be equal to
				the greatest of the damages calculated for the receiving environment types
				exposed to spilled oil as determined in subsection (1) of this
				section.
Statutory Authority:
					 Chapter
					 90.48 RCW. 92-10-005
					 (Order 91-13), § 173-183-865, filed 4/23/92, effective
					 5/24/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › CALCULATION OF DAMAGES USING THE COMPENSATION SCHEDULE › Section 173-183-870 - Reduction of damages based on actions taken by the potential liable party (PLP)

Current through Register Vol. 24-14, July 15, 2024
(1) Damages
				liability calculated under WAC
				173-183-830 through
				173-183-860 may be reduced by the
				RDA committee based on post-spill actions by the PLP. Post-spill actions by the
				PLP that the RDA committee will evaluate are:
(a) Actions that result in effective
				containment of spilled oil, as determined by the state on-scene coordinator
				(OSC).
(b) Actions that keep
				spilled oil from contacting the shoreline, as determined by the state on-scene
				coordinator (OSC).
(c) Actions that
				recover spilled nonpersistent oil from the water's surface within twenty-four
				hours of the oil first entering the water. Spilled oil that consists of a
				combination of spilled nonpersistent and spilled persistent oil will be
				considered a nonpersistent oil.
(d)
				Actions that recover spilled persistent oil from the surface of the water
				within forty-eight hours of the oil first entering the water.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › CALCULATION OF DAMAGES USING THE COMPENSATION SCHEDULE › Section 173-183-880 - Damage claim

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department shall provide documentation to the liable party that details the
				information and calculations that were used to assess damages under the
				compensation schedule. This documentation shall be provided to the liable party
				along with the damages liability claim.
(2) The liable party shall pay the full
				amount specified in the damages liability claim to the department within thirty
				days of receipt.
Statutory Authority:
					 Chapter
					 90.48 RCW. 92-10-005
					 (Order 91-13), § 173-183-880, filed 4/23/92, effective
					 5/24/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › CALCULATION OF DAMAGES USING THE COMPENSATION SCHEDULE › Section 173-183-890 - Substitution of damages

Current through Register Vol. 24-14, July 15, 2024
The department may negotiate with a potentially liable party
				  to perform restoration and enhancement projects or studies which may substitute
				  for all or part of the damages determined through application of the procedures
				  in WAC 173-183-300 through
				  173-183-870.
Statutory Authority:
					 Chapter
					 90.48 RCW. 92-10-005
					 (Order 91-13), § 173-183-890, filed 4/23/92, effective
					 5/24/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › CALCULATION OF DAMAGES USING THE COMPENSATION SCHEDULE › Section 173-183-900 - Annual report

Current through Register Vol. 24-14, July 15, 2024
The department shall submit an annual report to the
				  appropriate standing committees of the legislature that addresses each spill
				  for which the RDA committee was convened. The following information shall be
				  included in the report for each spill addressed: The outcome of the
				  preassessment screening, and compensation claims imposed or damage assessment
				  studies conducted, and the revenues to and expenditures from the coastal
				  protection fund.
Statutory Authority:
					 Chapter
					 90.48 RCW. 92-10-005
					 (Order 91-13), § 173-183-900, filed 4/23/92, effective
					 5/24/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-183 - Preassessment screening and oil spill compensation schedule regulations › CALCULATION OF DAMAGES USING THE COMPENSATION SCHEDULE › Section 173-183-910 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this rule or its application to any
				  person or circumstance is held invalid, the remainder of the rule or
				  application of the provision to other persons or circumstances is not
				  affected.
Statutory Authority:
					 Chapter
					 90.48 RCW. 92-10-005
					 (Order 91-13), § 173-183-910, filed 4/23/92, effective
					 5/24/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-184 - Vessel oil transfer advance notice and containment requirements › Part A - GENERAL REQUIREMENTS › Section 173-184-010 - Applicability of this chapter

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
				applies to all vessels delivering oil in bulk on or over the waters of the
				state to the following:
(a) Tank
				vessels;
(b) Cargo
				vessels;
(c) Passenger
				vessels;
(d) Any other
				nonrecreational vessels; or
(e)
				Class 1, 2, and 3 facilities.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-184 - Vessel oil transfer advance notice and containment requirements › Part A - GENERAL REQUIREMENTS › Section 173-184-015 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
				establishes minimum standards for safe oil transfers to meet a zero spill goal
				established by the legislature. This chapter emphasizes:
(a) Using a scaled approach that sets
				standards for safe oil transfers to protect people and the
				environment;
(b) That it is the
				obligation of vessel and facility owners and operators to adopt company
				policies that improve the safety of oil transfers; and
(c) Minimizing the size and impacts of those
				oil spills which do occur.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-184 - Vessel oil transfer advance notice and containment requirements › Part A - GENERAL REQUIREMENTS › Section 173-184-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
(1) The legislature
				granted ecology the authority to adopt and enforce these rules regulating the
				transfer of oil on or over waters of the state under
				RCW
				88.46.160 and
				88.46.165.
(2) The owner or operator of any vessel
				involved in an oil transfer over state waters must allow ecology access for the
				purpose of ensuring compliance with the requirements of this chapter.
Statutory Authority:
					 RCW
					 88.46.160,
					 88.46.165, and
					 chapter
					 90.56 RCW. 06-20-034
					 (Order 06-02), § 173-184-020, filed 9/25/06, effective
					 10/26/06.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-184 - Vessel oil transfer advance notice and containment requirements › Part A - GENERAL REQUIREMENTS › Section 173-184-025 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "American
				Petroleum Institute (API) gravity" is a measure of how heavy or light a
				petroleum liquid is compared to water.
(2) "Boom" means flotation boom or other
				effective barrier containment material suitable for containment, protection, or
				recovery of oil that is discharged onto the surface of the water. Boom will be
				classified using criteria found in the ASTM International F 1523-94 (2018) and
				ASTM International ASTM F625/F625M-94 (2022), and the
Resource Typing
				Guidelines
found in the Worldwide Response Resource List (WRRL) user
				manual.
(3) "Bulk" means material
				that is stored or transported in a loose, unpackaged liquid, powder, or
				granular form capable of being conveyed by a pipe, bucket, chute, or belt
				system.
(4) "Cargo vessel" means a
				self-propelled ship in commerce, other than a tank vessel or a passenger
				vessel, 300 or more gross tons including, but not limited to, commercial fish
				processing vessels and freighters.
(5) "Class 1 facility" means a facility as
				defined in
				RCW
				90.56.010 as:
(a) Any structure, group of structures,
				equipment, pipeline, or device, other than a vessel, located on or near the
				navigable waters of the state that transfers oil in bulk to or from a tank
				vessel or pipeline, that is used for producing, storing, handling,
				transferring, processing, or transporting oil in bulk.
(b) For the purposes of oil spill contingency
				planning in
				RCW
				90.56.210, facility also means a railroad
				that is not owned by the state that transports oil as bulk cargo.
(c) Except as provided in (b) of this
				subsection, a facility does not include any:
(i) Railroad car, motor vehicle, or other
				rolling stock while transporting oil over the highways or rail lines of this
				state;
(ii) Underground storage
				tank regulated by ecology or a local government under chapter 70A.355
				RCW;
(iii) Motor vehicle motor fuel
				outlet;
(iv) Facility that is
				operated as part of an exempt agricultural activity as provided in
				RCW
				82.04.330; or
(v) Marine fuel outlet that does not dispense
				more than 3,000 gallons of fuel to a ship that is not a covered vessel, in a
				single transaction.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-184 - Vessel oil transfer advance notice and containment requirements › Part A - GENERAL REQUIREMENTS › Section 173-184-030 - Inspections

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology may
				verify compliance with this chapter by announced and unannounced inspections in
				accordance with chapters 90.56 and 88.46 RCW.
(2) Ecology will provide an inspection report
				to the vessel after each inspection.
(3) Ecology will notify the vessel owner or
				operator of any deficiencies identified during the inspection.
Statutory Authority:
					 RCW
					 88.46.160,
					 88.46.165, and
					 chapter
					 90.56 RCW. 06-20-034
					 (Order 06-02), § 173-184-030, filed 9/25/06, effective
					 10/26/06.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-184 - Vessel oil transfer advance notice and containment requirements › Part A - GENERAL REQUIREMENTS › Section 173-184-033 - Recordkeeping

Current through Register Vol. 24-14, July 15, 2024
(1) Records
				required by this chapter must be maintained and available to ecology for a
				minimum of three years.
(2) All
				records required in this chapter must be available to ecology upon
				request.
(3) A copy of each ASTM
				Standard referenced in this rule is available for inspection at 300 Desmond
				Drive S.E., Lacey, Washington 98503.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-184 - Vessel oil transfer advance notice and containment requirements › Part A - GENERAL REQUIREMENTS › Section 173-184-035 - Drill credit

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 88.46.160,
					 88.46.165, and
					 chapter
					 90.56 RCW. 06-20-034
					 (Order 06-02), § 173-184-035, filed 9/25/06, effective
					 10/26/06.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-184 - Vessel oil transfer advance notice and containment requirements › Part A - GENERAL REQUIREMENTS › Section 173-184-040 - Noncompliance

Current through Register Vol. 24-14, July 15, 2024
(1) Any violation
				of this chapter may be subject to enforcement and penalties under chapter 88.46
				RCW.
(2) If an owner or operator of
				a delivering vessel fails to comply with the requirements in approved plans or
				reports, as applicable, or otherwise fails to comply with requirements of this
				chapter, ecology may, at its discretion:
(a)
				Place conditions on approval; or
(b) Revoke its approval.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-184 - Vessel oil transfer advance notice and containment requirements › Part A - GENERAL REQUIREMENTS › Section 173-184-045 - Owner and operator responsibilities

Current through Register Vol. 24-14, July 15, 2024
Owners and operators of delivering vessels conducting oil
				  transfer operations must ensure that the requirements in this chapter are
				  implemented and followed.
Statutory Authority:
					 RCW
					 88.46.160,
					 88.46.165, and
					 chapter
					 90.56 RCW. 06-20-034
					 (Order 06-02), § 173-184-045, filed 9/25/06, effective
					 10/26/06.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-184 - Vessel oil transfer advance notice and containment requirements › Part A - GENERAL REQUIREMENTS › Section 173-184-050 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter is held invalid, the
				  remainder of the chapter is not affected.
Statutory Authority:
					 RCW
					 88.46.160,
					 88.46.165, and
					 chapter
					 90.56 RCW. 06-20-034
					 (Order 06-02), § 173-184-050, filed 9/25/06, effective
					 10/26/06.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-184 - Vessel oil transfer advance notice and containment requirements › Part A - GENERAL REQUIREMENTS › Section 173-184-055 - Compliance schedule

Current through Register Vol. 24-14, July 15, 2024
(1) Owners and
				operators of delivering vessels in operation at the time this rule is effective
				must meet the requirements in this rule on the effective date of this rule,
				except where specified below.
(a) Within 30
				calendar days from rule effective date, all delivering vessels must meet
				advance notice requirements in WAC
				173-184-100.
(b) Within 60 calendar days from rule
				effective date, any delivering vessel conducting Rate A transfers must meet
				prebooming requirements in WAC
				173-184-115.
(c) By the current safe and effective
				threshold determination report's expiration date, any delivering vessel
				conducting Rate A transfers must meet report requirements in WAC
				173-184-130.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-184 - Vessel oil transfer advance notice and containment requirements › Part B - OIL TRANSFER REQUIREMENTS › Section 173-184-100 - Advance notice of transfer for delivering vessels

Current through Register Vol. 24-14, July 15, 2024
(1) The delivering
				vessel (or designee) involved in an oil transfer of more than 100 gallons must
				notify ecology at least 24 hours prior to an oil transfer operation or the time
				frame set forth by the applicable United States Coast Guard captain of the
				port, whichever is greater. If the deliverer cannot meet the notification
				requirements in this section, notice must be provided as soon as possible prior
				to the oil transfer.
Advance notice information must be updated if the start time
				  of the oil transfer operation in subsection (2) (b) of this section changes
				  from the original reported time by more than six hours.
(2) The notice of transfer must be submitted
				on ecology's "Advance Notice of Oil Transfer" website or by email. Form number
				ECY 070-175 must be used. The notice must contain the following information:
(a) Company name, address, contact person,
				and telephone number of organization delivering the oil;
(b) Date of transfer operation, estimated
				starting time, and duration of the oil transfer operation;
(c) Documented name of delivering vessel and
				receiving vessel or facility. If a vessel's documented name is not available,
				include the official number;
(d)
				City name and either the address or location/anchorage where the oil transfer
				operation will occur;
(e) Transfer
				type;
(f) Oil product type, and if
				crude oil, include:
(i) Region of origin as
				stated on the bill of lading;
(ii)
				Gravity, as measured by standards developed by the American Petroleum
				Institute, or specific gravity;
(iii) Sulfur content of the oil, percent by
				weight; and
(iv)
				Viscosity.
(g) Quantity
				in gallons or barrels; and
(h)
				Whether or not prebooming will take place? (yes or no).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-184 - Vessel oil transfer advance notice and containment requirements › Part B - OIL TRANSFER REQUIREMENTS › Section 173-184-105 - Equivalent compliance plan

Current through Register Vol. 24-14, July 15, 2024
(1) Any owner or
				operator may submit a plan for equivalent compliance for the alternative
				measures required in WAC
				173-184-115 and
				173-184-120. Any owner or
				operator who submits a plan must preboom or meet the applicable alternative
				measures until the equivalent compliance plan is approved.
(a) Rate A deliverers may only submit a plan
				for alternative measures in WAC
				173-184-115(9).
(b) Rate B deliverers may only submit a plan
				for alternative measures in WAC
				173-184-120(2).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-184 - Vessel oil transfer advance notice and containment requirements › Part B - OIL TRANSFER REQUIREMENTS › Section 173-184-110 - Transfer containment and recovery requirements

Current through Register Vol. 24-14, July 15, 2024
(1) These
				requirements apply to all oil transfers regulated by this chapter with the
				exception of transfers of gasoline, aviation gasoline, ethanol, nonene, and
				other highly volatile products with similar characteristics.
(2) The deliverer must first determine the
				rate at which oil is to be transferred and then follow the applicable
				requirements outlined in this chapter:
(a)
				Rate A means oil transfer operations at a rate over 500 gallons per minute.
				Rate A requirements are found in WAC
				173-184-115.
(b) Rate B means oil transfer operations at a
				rate of 500 gallons per minute or less. Rate B requirements are found in WAC
				173-184-120.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-184 - Vessel oil transfer advance notice and containment requirements › Part B - OIL TRANSFER REQUIREMENTS › Section 173-184-115 - Rate A prebooming and alternative measures requirements

Current through Register Vol. 24-14, July 15, 2024
(1) The Rate A
				deliverer must preboom oil transfers when it is safe and effective to do so.
				When prebooming is not safe and effective, the deliverer must meet the
				alternative measures requirements found in subsection (9) of this section and
				submit the
Ecology Boom Reporting Form
pursuant to subsection
				(4) of this section.
(2) The
				determination of safe and effective must be made prior to starting a transfer
				and reevaluated if conditions change before or during a transfer. To make this
				determination, the deliverer must use the following safe and effective
				threshold values. The safe and effective determination must be based on the
				conditions at the transfer location:
(a)
				Transfers at a Class 1 facility must use the facility's values found in the
				facility's operations manual in accordance with WAC
				173-180-420.
(b) Transfers that do not occur at Class 1
				facilities must use the values found in the delivering vessel's approved safe
				and effective threshold determination report submitted in accordance with WAC
				173-184-130.
(c) For a transfer at a location not covered
				by an approved safe and effective threshold determination report, the deliverer
				must use the following safe and effective threshold values:
(i) Wind speed: Sustained 20 knots or gusts
				of 30 knots;
(ii) Waves: Greater
				than three feet;
(iii) Water
				current velocity: 1.5 knots or greater; and
(iv) Any combination of the above that make
				deploying and retrieving boom and equipment at the transfer location
				unsafe.
(v) The use of these values
				is intended for infrequent transfers at locations not anticipated when the safe
				and effective threshold de- termination report was approved by ecology. If
				ecology determines that a deliverer has frequent transfers at a location not
				covered by an approved safe and effective threshold determination report,
				ecology may require a new report review and approval process as described in
				WAC 173-184-130(4).
(d) The delivering vessel in a
				lightering transfer must preboom the transfer if it is safe and effective to do
				so. Safe and effective threshold values must be:
(i) Provided by the receiving vessel, if the
				receiving vessel has approved safe and effective threshold values for the
				transfer location; or
(ii) The
				values specified in (c) of this subsection.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-184 - Vessel oil transfer advance notice and containment requirements › Part B - OIL TRANSFER REQUIREMENTS › Section 173-184-120 - Rate B prebooming and alternative measures requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Rate B
				prebooming requirements. The Rate B deliverer must choose to meet either the
				following prebooming requirements or the alternative measures found in
				subsection (2) of this section. If prebooming is chosen, then:
(a) Prior to starting the oil transfer
				operation, the deliverer must deploy boom so that it completely surrounds the
				vessel(s) and facility/terminal dock area directly involved in the oil transfer
				operation, or the deliverer may preboom the portion of the vessel and transfer
				area which will provide for maximum containment of any oil spilled into the
				water.
(i) The deliverer must deploy the boom
				with a minimum stand-off of five feet away from the sides of a vessel, measured
				at the water-line. This stand-off may be modified for short durations needed to
				meet a facility or vessel's operational needs;
(ii) The deliverer must periodically check
				boom positioning and adjust the boom as necessary throughout the duration of
				the transfer and specifically during tidal changes and significant wind or wave
				events.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-184 - Vessel oil transfer advance notice and containment requirements › Part B - OIL TRANSFER REQUIREMENTS › Section 173-184-125 - Compliance schedule for prebooming and alternative measures for Rate A and Rate B transfers

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 88.46.160,
					 88.46.165, and
					 chapter
					 90.56 RCW. 06-20-034
					 (Order 06-02), § 173-184-125, filed 9/25/06, effective
					 10/26/06.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-184 - Vessel oil transfer advance notice and containment requirements › Part B - OIL TRANSFER REQUIREMENTS › Section 173-184-130 - Safe and effective threshold determination report

Current through Register Vol. 24-14, July 15, 2024
This section applies to delivering vessels conducting Rate A
				  transfers at locations other than Class 1 facilities. The owner or operator of
				  a delivering vessel conducting Rate A transfers must prepare a safe and
				  effective threshold determination report that meets the requirements of this
				  chapter. This report provides the threshold values that delivering vessels will
				  use to determine when prebooming an oil transfer is safe for personnel and when
				  the boom is likely to be effective at containing a spill.
(1) Format requirements. The report must
				include the following:
(a) Cover sheet with
				name of company submitting the report and point of contact information;
				and
(b) Table of contents including
				supporting documents and appendices.