reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-182 - Oil spill contingency plan › Part II - COVERED VESSEL AND FACILITY OIL SPILL CONTINGENCY PLANS › Section Section E - Plan Evaluation › Section 173-182-610 - Plan evaluation criteria

Current through Register Vol. 24-14, July 15, 2024
Plan holders shall prepare a plan that demonstrates
					 capability, to the maximum extent practicable, of promptly and properly
					 removing oil and minimizing environmental damage from a variety of spill sizes,
					 up to and including worst case spills. Ecology will evaluate plans based on
					 these conditions:
(1) Only ecology
				  approved PRC resources, plan holder owned resources and resources guaranteed
				  through contract, written mutual aid agreements, or letters of intent shall be
				  counted when calculating the planning standards. In the case of nondedicated
				  storage devices, these will be derated by fifty percent of maximum storage
				  volume (counted at a one to two ratio) and acquisition of these resources will
				  be tested in unannounced drills.
(2) Ecology will count equipment if it is
				  appropriate for the operating environment within the geographic area defined in
				  the plan. Ecology will use criteria from sources such as the ASTM International
				  documents, World Catalogue, manufacturer's recommendations, the Worldwide
				  Response Resource List (WRRL), the federal Oil Spill Removal Organization
				  guidelines, the
Field Operations Guide
resource typing
				  guidelines and drills and spills to make approval and verification
				  determinations on operating environments.
(3) Ecology will count boom if it is
				  appropriate to the operating environment and support equipment is identified.
				  Support equipment for boom means transportation devices, cranes, anchors, boom
				  tackle, connectors, work boats and operators.
(4) Ecology will only count dedicated
				  response resources towards the two hour standards.
Statutory Authority: Chapters 88.46, 90.56, and 90.48
						RCW. WSR 06-20-035 (Order 00-03), § 173-182-610, 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 173-182 - Oil spill contingency plan › Part II - COVERED VESSEL AND FACILITY OIL SPILL CONTINGENCY PLANS › Section Section E - Plan Evaluation › Section 173-182-620 - Alternative method of evaluating planning standards

Current through Register Vol. 24-14, July 15, 2024
(1) A plan holder may request that ecology
				  review and approve a plan based on alternative planning standards. Such
				  requests should be submitted with the plan and shall be subject to a thirty day
				  public review period and comment period which includes, but is not limited to,
				  interested local and tribal governments and other stakeholders.
(2) The proposal must include, at a minimum:
(a) A reference to which planning standard(s)
				  in this chapter the proposal will be substituted for;
(b) A detailed description of the alternative
				  proposal including equipment, personnel, response procedures, and maintenance
				  systems that are being proposed; and
(c) An analysis of how the proposal offers
				  equal or greater protection or prevention measures as compared to the
				  requirement in this chapter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-182 - Oil spill contingency plan › Part II - COVERED VESSEL AND FACILITY OIL SPILL CONTINGENCY PLANS › Section Section E - Plan Evaluation › Section 173-182-621 - Oil spill contingency plan best achievable protection five-year review cycle

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology will
				  review the planning standards at five-year intervals to ensure the maintenance
				  of best achievable protection to respond to a worst case spill and provide for
				  continuous operation of oil spill response activities to the maximum extent
				  practicable and without jeopardizing crew safety.
(2) Ecology will adopt a five-year review
				  cycle to ensure that the planning standards are updated to include proven new
				  response technologies and response processes. In addition plan holders and
				  other interested parties will be provided an opportunity to present information
				  and proposals regarding spill prevention credits to support an alternative
				  worst case discharge volume for the contingency plan. The review cycle is
				  designed to evaluate BAP by assessing contributing elements including:
(a) Best achievable technology;
(b) Staffing levels;
(c) Training procedures; and
(d) Operational methods.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-182 - Oil spill contingency plan › Part II - COVERED VESSEL AND FACILITY OIL SPILL CONTINGENCY PLANS › Section Section E - Plan Evaluation › Section 173-182-630 - Process for plan approval

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Upon receipt of a plan, ecology shall evaluate whether the plan is complete,
				  and if not, the plan holder shall be notified of any deficiencies within five
				  business days. The public review and comment period does not begin until a
				  complete plan is received.
(2) Once
				  a plan has been determined to be complete, ecology shall notify interested
				  parties, including local and tribal governments and make the plan available for
				  public review and comment.
Ecology will accept comments on the plan no later than
					 thirty days after the plan has been made publicly available. No later than
					 sixty-five days from the date of public notice of availability, ecology will
					 make a written determination that the plan is disapproved, approved, or
					 conditionally approved. The written determination will be provided in the form
					 of an order and subject to appeal as specified in chapter 43.21B RCW.
(a) If the plan is approved, the plan holder
				  receives a certificate of plan approval and plan expiration dates. Approved
				  plans shall be valid for five years.
(b) If a plan is conditionally approved,
				  ecology may require a plan holder to operate under specific restrictions until
				  unacceptable components of the plan are revised, resub-mitted and approved. In
				  the conditional approval ecology will describe:
(i) Each specific restriction and the
				  duration for which they apply;
(ii)
				  Each required item to bring the plan into compliance; and
(iii) The schedule for plan holders to submit
				  required updates, including a reference to the regulatory standard in
				  question.
(iv) Restrictions may
				  include, but are not limited to, additional information for the plan, reducing
				  oil transfer rates, increasing personnel levels, or restricting operations to
				  daylight hours. Restrictions may also include additional requirements to ensure
				  availability of response equipment.
(v) Conditional approval expires no later
				  than eighteen months from date of issue before the plan holder must request an
				  extension which is subject to public review.
(vi) Ecology shall revoke its conditional
				  approval prior to the expiration date of a plan holder who fails to meet the
				  terms of the conditional approval. The revocation will be in the form of an
				  appealable order.
(c) If
				  plan approval is disapproved, the plan holder shall receive an explanation of
				  the factors.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-182 - Oil spill contingency plan › Part II - COVERED VESSEL AND FACILITY OIL SPILL CONTINGENCY PLANS › Section Section E - Plan Evaluation › Section 173-182-640 - Process for public notice and opportunity for public review and comment period

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose
				  of this section is to specify the procedures for notifying the public which
				  includes interested local and tribal governments about contingency plan status
				  and decisions in order to provide opportunities for the public to review and
				  comment.
(2) In order to receive
				  notification of the public review and comment period, interested public, local,
				  and tribal governments must sign up on the ecology email list (listserv) for
				  posting notice about plan review and comment periods. Ecology's website will
				  also be used to post notice of public review and comment periods.
(3) Public comment periods must extend at
				  least thirty days. Public notice, review, and comment periods are required in
				  the following circumstances:
(a) Plan
				  submittals for facilities or vessels that have never submitted a plan in
				  Washington;
(b) Plan updates
				  required by WAC
				  173-182-130;
(c) The submittal of plans for five-year
				  review as required by WAC
				  173-182-120;
(d) Requests for an alternative planning
				  standard in accordance with WAC
				  173-182-620;
(e) Plan holder requests for drill
				  requirement waivers in accordance with WAC
				  173-182-740;
(f) PRC applications submitted under WAC
				  173-182-810;
(g) SMT and WRSP applications submitted under
				  WAC 173-182-840; and
(h) Plan
				  updates for permanent significant changes to approved plans as required in WAC
				  173-182-142.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-182 - Oil spill contingency plan › Part III - DRILL AND EQUIPMENT VERIFICATION PROGRAM › Section 173-182-700 - Drill participation, scheduling and evaluation

Current through Register Vol. 24-14, July 15, 2024
(1) Plan holders, spill management teams
				(SMTs), wildlife response service providers (WRSPs), and primary response
				contractors (PRCs) shall participate in a drill and equipment verification
				program for the purpose of ensuring that all contingency plan components
				function to provide, to the maximum extent practicable, prompt and proper
				removal of oil and minimization of damage from a variety of spill sizes. In
				Washington, a modified triennial cycle for drills, as found in the National
				Preparedness for Response Exercise Program (NPREP), is relied on to test each
				component of the plan.
(2) Plan
				holders and PRCs shall ensure ecology is provided an opportunity to help design
				and evaluate all tabletop and deployment drills for which the plan holder
				desires drill credit. To ensure this, plan holders shall schedule drills on the
				NWACP area exercise calendar. Scheduling requirements are noted in the table in
				WAC
				173-182-710.
(3) Ecology shall mail a written drill
				evaluation report for drills to the plan holder following each deployment and
				tabletop drill. Credit will be granted for drill objectives that are
				successfully met.
(4) Objectives
				that are not successfully met shall be tested again and must be successfully
				demonstrated within the triennial cycle, except that significant failures will
				be retested within thirty days.
(5)
				Where plan deficiencies have been identified in the written evaluation, plan
				holders may be required to make specific amendments to the plan or conduct
				additional trainings to address the deficiencies.
(6) A plan holder may request an informal
				review with ecology of the ecology drill evaluation within thirty days of
				receipt of the report.
Statutory Authority: Chapters 88.46,
					 90.48,
					 90.56 RCW, and
					 2011 c
					 122 . 13-01-054 (Order 11-06), § 173-182-700,
					 filed 12/14/12, effective 1/14/13. Statutory Authority: Chapters 88.46,
					 90.56, and
					 90.48 RCW. 06-20-035 (Order 00-03),
					 § 173-182-700, 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 173-182 - Oil spill contingency plan › Part III - DRILL AND EQUIPMENT VERIFICATION PROGRAM › Section 173-182-730 - Other ways to get drill credit

Current through Register Vol. 24-14, July 15, 2024
(1) Plan holders may request drill credit for
				a response to an actual spill, provided that ecology has an opportunity to
				participate and evaluate the spill response. Credit from spills shall not
				entirely alleviate the plan holder's responsibility to drill.
(a) Credit for a spill may be used to replace
				the requirement to conduct a drill once per triennial cycle.
(b) If credit for a spill is requested more
				than once per triennial cycle, it is at the discretion of ecology if additional
				drill credit will be granted. Additional credit may be granted if there were
				lessons learned from the spill or if key response components were successfully
				demonstrated.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-182 - Oil spill contingency plan › Part III - DRILL AND EQUIPMENT VERIFICATION PROGRAM › Section 173-182-740 - Drill requirement waivers

Current through Register Vol. 24-14, July 15, 2024
(1) Plan holders may request a waiver for a
				deployment or table-top drill requirements.
(2) The request shall be in writing and shall
				describe why a waiver should be considered and how the plan holder is meeting
				the purpose and intent of the drill program with the waiver.
(3) Plan holder's requests for a drill waiver
				will be made available for public review and comment, including interested
				local and tribal governments and other stakeholders, for a period of thirty
				days.
(4) Ecology will evaluate the
				request and respond in writing within sixty calendar days of receipt of the
				waiver request.
Statutory Authority: Chapters 88.46,
					 90.48,
					 90.56 RCW, and
					 2011 c
					 122 . 13-01-054 (Order 11-06), § 173-182-740,
					 filed 12/14/12, effective 1/14/13. Statutory Authority: Chapters 88.46,
					 90.56, and
					 90.48 RCW. 06-20-035 (Order 00-03),
					 § 173-182-740, 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 173-182 - Oil spill contingency plan › Part IV - PRIMARY RESPONSE CONTRACTOR (PRC), SPILL MANAGEMENT TEAM (SMT), AND WILDLIFE RESPONSE SERVICE PROVIDER (WRSP) STANDARDS › Section 173-182-800 - Primary response contractor (PRC) application

Current through Register Vol. 24-14, July 15, 2024
(1) To become a state-approved PRC, a
				response contractor must:
(a) Submit an
				application as set forth in WAC
				173-182-810;
(b) Have a process to provide twenty-four
				hour/day contact for spill response;
(c) Commit to begin mobilization efforts
				immediately upon notification but no later than one hour from notification of a
				spill;
(d) Maintain equipment in
				accordance with manufacturer specifications;
(e) Identify and train staff and supervisors
				expected to be deployed on oil spill response tactics or used to meet plan
				holder planning standards;
(f)
				Assist plan holders in meeting the requirements for plans and drills in
				Washington; and
(g) List response
				equipment on the Worldwide Response Resource List currently located at
www.wrrl.world
, or provide an equivalent
				electronic equipment list and commit to maintaining the equipment list in
				whatever format is provided.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-182 - Oil spill contingency plan › Part IV - PRIMARY RESPONSE CONTRACTOR (PRC), SPILL MANAGEMENT TEAM (SMT), AND WILDLIFE RESPONSE SERVICE PROVIDER (WRSP) STANDARDS › Section 173-182-810 - Content submittal and review of primary response contractor (PRC) applications

Current through Register Vol. 24-14, July 15, 2024
The PRC application must contain the following information as
				  applicable to the capabilities of the PRC:
(1) A list of primary response contractor
				personnel indicating whether they are full-time, part-time, or subcontracted
				including their homebase or office location, and the spill management team
				roles or tactical roles they may fill in a response.
(a) If personnel are available to the primary
				response contractor via subcontract a summary of the contract terms for
				personnel resources should be included in the application. The contract shall
				be made available to ecology upon request.
(b) A list of all staff training, including
				training of subcontractors if applicable, and a description of the frequency of
				essential core training response staff receive.
(c) The training program must be specific to
				the tactics the PRC intends to perform. Include in the application details
				about the following training areas as applicable:
(i) Safety training;
(ii) Training on-site safety
				assessment;
(iii) Assessment of
				environmental conditions;
(iv)
				Determination that response equipment and personal protective equipment are
				appropriate for the incident conditions;
(v) Air monitoring equipment and
				documentation; and
(vi) Development
				of a hazard worksheet.
(d) Additional training as necessary for
				personnel that may be relied upon to perform these tasks:
(i) Conducting site safety
				briefings;
(ii) Use and deployment
				of limited visibility tracking devices;
(iii) Utilization and coordination of
				communications equipment;
(iv)
				Transfer of a product from skimmer to on-water and shoreside storage;
(v) Containment of a land spill from entering
				water by channeling, diverting, or berming;
(vi) Fast water river response
				strategies;
(vii) High current
				marine response strategies;
(viii)
				GRP or protection strategy familiarization and deployment;
(ix) Anchoring and setting boom;
(x) Familiarization and deployment of PRC
				owned oiled-wildlife rehabilitation equipment;
(xi) On water recovery including enhanced
				skimming;
(xii) Directing field
				resources;
(xiii) Incident command
				system training for spill management team roles.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-182 - Oil spill contingency plan › Part IV - PRIMARY RESPONSE CONTRACTOR (PRC), SPILL MANAGEMENT TEAM (SMT), AND WILDLIFE RESPONSE SERVICE PROVIDER (WRSP) STANDARDS › Section 173-182-820 - Significant changes to primary response contractor (PRC) applications require notification

Current through Register Vol. 24-14, July 15, 2024
(1)
				The PRC is responsible to provide written notification to ecology and all plan
				holders to whom they are obligated, within twenty-four hours, of any
				significant change in the information reported in the approved application. The
				notice shall include the identification of back up resources sufficient to
				maintain the PRC readiness level, and the estimated date that the original
				equipment shall be back in full service.
(2) Changes which are considered significant
				include:
(a) Loss of equipment that results in
				being out of compliance with any planning standard of any plan holder covered
				by the PRC;
(b) Transfers of
				equipment to support spill response for out-of-region spills;
(c) If greater than ten percent of available
				boom, storage, recovery, dispersants, in situ burn or shoreline clean-up
				equipment is moved out of the home base, except for a drill or training, as
				depicted on the WRRL;
(d) Permanent
				loss of primary response contractor personnel identified to fill ICS positions
				for plan holders;
(e) Changes in
				equipment ownership if used to satisfy a plan holder planning standard;
				or
(f) Modification or
				discontinuing of any mutual aid, letter of intent, or contract
				agreement.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-182 - Oil spill contingency plan › Part IV - PRIMARY RESPONSE CONTRACTOR (PRC), SPILL MANAGEMENT TEAM (SMT), AND WILDLIFE RESPONSE SERVICE PROVIDER (WRSP) STANDARDS › Section 173-182-830 - Spill management team (SMT) and wildlife response service provider (WRSP) application requirements

Current through Register Vol. 24-14, July 15, 2024
Requirements to become a state-approved spill management team
				  or wildlife response service provider, including:
(1) Submission of an application as set forth
				in WAC 173-182-840;
(2) Have a
				process to provide twenty-four-hour/day contact for spill management;
(3) Commit to begin mobilization efforts
				immediately upon notification but no later than two hours from notification of
				a spill;
(4) Commit to ensuring the
				incident commander is able to arrive in the state within six hours after
				notification of a spill, if the SMT is contracted to fill the role;
(5) Assist plan holders in meeting the
				requirements for plans and drills in Washington;
(6) Commit to the implementation and use of
				the contingency plan(s) to which they are contracted during a spill and
				substantial threat of a spill, and to the training of personnel to implement
				the plan;
(7) Commit to working in
				unified command within the incident command system to ensure that all personnel
				and equipment resources necessary to the response will be called out to cleanup
				the spill safely and to the maximum extent practicable.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-182 - Oil spill contingency plan › Part IV - PRIMARY RESPONSE CONTRACTOR (PRC), SPILL MANAGEMENT TEAM (SMT), AND WILDLIFE RESPONSE SERVICE PROVIDER (WRSP) STANDARDS › Section 173-182-840 - Content submittal and review of spill management team (SMT) and wildlife response service provider (WRSP) applications

Current through Register Vol. 24-14, July 15, 2024
The application must contain the following information as
				  applicable to the capabilities of the SMT or WRSP:
(1) A list of personnel indicating whether
				they are fulltime or part-time, dedicated, or nondedicated, including their
				home base or office location, and the roles they may fill in a response.
(a) Dedicated means either a full- or
				part-time employee of the organization.
(b) Nondedicated means any personnel resource
				available under contract, LOI, or other approvable means. Non-dedicated
				relationships shall be verified by ecology during the application review
				process.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-182 - Oil spill contingency plan › Part IV - PRIMARY RESPONSE CONTRACTOR (PRC), SPILL MANAGEMENT TEAM (SMT), AND WILDLIFE RESPONSE SERVICE PROVIDER (WRSP) STANDARDS › Section 173-182-850 - Significant changes in spill management team (SMT) or wildlife response service provider (WRSP) applications require notification

Current through Register Vol. 24-14, July 15, 2024
(1) The SMT or WRSP is responsible to provide
				written notification to ecology and all plan holders to whom they are
				obligated, within twenty-four hours, of any significant change in the
				information reported in the approved application.
(2) Changes which are considered significant
				include:
(a) Permanent loss of personnel
				identified to fill ICS positions for plan holders;
(b) Modification or discontinuing of any
				mutual aid, letter of intent, permit, or contract agreement;
(c) Change in personnel availability due to
				personnel being out of their regular homeport or office location to support a
				spill response.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-182 - Oil spill contingency plan › Part V - RECORDKEEPING AND COMPLIANCE INFORMATION › Section 173-182-900 - Recordkeeping

Current through Register Vol. 24-14, July 15, 2024
Ecology may verify compliance with this chapter by examining
				  training and equipment maintenance records, drill records, accuracy of call-out
				  and notification lists, spill management team lists, ICS forms, waste disposal
				  records, post-spill reviews and records on lessons learned.
Statutory Authority: Chapters 88.46,
					 90.56, and
					 90.48 RCW. 06-20-035 (Order 00-03),
					 § 173-182-900, 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 173-182 - Oil spill contingency plan › Part V - RECORDKEEPING AND COMPLIANCE INFORMATION › Section 173-182-910 - Noncompliance

Current through Register Vol. 24-14, July 15, 2024
(1) If an owner or
				operator of a covered vessel, onshore or offshore facility, a person or plan
				holder is unable to comply with an approved contingency plan or otherwise fails
				to comply with requirements of this chapter, ecology may, at its discretion:
(a) Place conditions on approval;
				and
(b) Require additional drills
				to demonstrate effectiveness of the plan; or
(c) Revoke the approval status.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-182 - Oil spill contingency plan › Part V - RECORDKEEPING AND COMPLIANCE INFORMATION › Section 173-182-920 - Operation without plan

Current through Register Vol. 24-14, July 15, 2024
(1) A
				covered vessel may not enter or operate on the waters of the state without an
				approved, or conditionally approved, contingency plan, except that a covered
				vessel not in compliance with this chapter may enter waters of the state if the
				Coast Guard has determined that the vessel is in distress.
(2) The owner or operator of an onshore or
				offshore facility may not operate without an approved, or conditionally
				approved, plan nor transfer cargo or passengers to or from a covered vessel
				that does not have an approved, or conditionally approved, contingency plan.
				The owner or operator of a covered vessel may not transfer oil to or from an
				onshore or offshore facility that does not have an approved or conditionally
				approved contingency plan.
(3)
				Ecology may assess a civil penalty under
				RCW
				43.21B.300 of up to one hundred thousand
				dollars against any person who is in violation of this chapter. In the case of
				a continuing violation, each day's continuance shall be considered a separate
				violation.
(4) Any person found
				guilty of willfully violating any of the provisions of this chapter, or any
				final written orders or directive of ecology or a court shall be deemed guilty
				of a gross misdemeanor and upon conviction shall be punished by a fine of up to
				ten thousand dollars and costs of prosecution, or by imprisonment in the county
				jail for not more than one year, or by both such fine and imprisonment in the
				discretion of the court. Each day upon which a willful violation of the
				provisions of this chapter occurs may be deemed a separate and additional
				violation.
Statutory Authority: Chapters 88.46,
					 90.56, and
					 90.48 RCW. 06-20-035 (Order 00-03),
					 § 173-182-920, 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 173-182 - Oil spill contingency plan › Part V - RECORDKEEPING AND COMPLIANCE INFORMATION › Section 173-182-930 - 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: Chapters 88.46,
					 90.56, and
					 90.48 RCW. 06-20-035 (Order 00-03),
					 § 173-182-930, 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 173-183 - Preassessment screening and oil spill compensation schedule regulations › Section 173-183-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this rule is to establish procedures for
				convening a resource damage assessment (RDA) committee, preassessment screening
				of resource damages resulting from oil spills to determine which damage
				assessment methods to use, and determining damages in cases where the
				compensation schedule is selected as the damage assessment methodology to
				apply. The RDA committee, utilizing the preassessment screening process, shall
				determine whether a detailed resource damage assessment studies should be
				conducted or whether the compensation schedule authorized under
				RCW
				90.48.366 and
				90.48.367 will be used to assess
				damages for each oil spill into state waters.
Statutory Authority:
				  Chapter
				  90.48 RCW. 92-10-005
				  (Order 91-13), § 173-183-010, 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 › Section 173-183-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
This regulation implements
				RCW
				90.48.366,
				90.48.367, and
				90.48.368 of the Water Pollution
				Control Act, as amended in 1987, 1989, and 1991.
Statutory Authority:
				  Chapter
				  90.48 RCW. 92-10-005
				  (Order 91-13), § 173-183-020, 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 › Section 173-183-030 - Applicability

Current through Register Vol. 24-14, July 15, 2024
This chapter shall apply to all oil spills into the waters of
				the state. Under this chapter, the department may require or take any and all
				actions necessary to investigate and assess damages from those
				spills.
Statutory Authority:
				  Chapter
				  90.48 RCW. 92-10-005
				  (Order 91-13), § 173-183-030, 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 › Section 173-183-100 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Columbia River
			 estuary environment" means the habitat and all other public resources
			 associated with or dependent on the estuarine waters of the Columbia
			 River.
(2) "Compensation schedule"
			 means the set of procedures enumerated in WAC
			 173-183-300 through
			 173-183-870 to determine the
			 public resource damages resulting from an oil spill for cases in which damages
			 are not quantifiable at a reasonable cost.
(3) "Damages" means the amount of monetary
			 compensation necessary to:
(a) Restore any
			 injured public resource to its condition before sustaining injury as a result
			 of an oil discharge in violation of
			 chapter
			 90.48 or
			 90.56 RCW, to the extent
			 technically feasible, including any loss in value incurred during the period
			 between injury and restoration in cases where damages are quantifiable at a
			 reasonable cost; or
(b) Adequately
			 compensate for the loss or diminution in value as determined through
			 application of the compensation schedule provided in WAC
			 173-183-300 through
			 173-183-870 in cases where
			 damages are not quantifiable at a reasonable cost.
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 › THE RDA COMMITTEE AND PREASSESSMENT SCREENING › Section 173-183-200 - Preassessment screening process

Current through Register Vol. 24-14, July 15, 2024
(1)
				Findings from the preassessment screening shall be used to determine whether a
				formal damage assessment investigation should be conducted or whether the
				compensation schedule will be applied to assess public resource damages
				associated with spills of oil into state waters.
(2) The preassessment screening process shall
				occur concurrently with reconnaissance and cleanup activities as defined in WAC
				173-183-220(2).
Statutory Authority:
					 Chapter
					 90.48 RCW. 92-10-005
					 (Order 91-13), § 173-183-200, 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 › THE RDA COMMITTEE AND PREASSESSMENT SCREENING › Section 173-183-210 - Incident discovery and reporting

Current through Register Vol. 24-14, July 15, 2024
The state on-scene coordinator (OSC) or initial department
				  responder, shall provide prompt notice to the committee chair when there is
				  evidence of an oil spill into state waters.
Statutory Authority:
					 Chapter
					 90.48 RCW. 92-10-005
					 (Order 91-13), § 173-183-210, 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 › THE RDA COMMITTEE AND PREASSESSMENT SCREENING › Section 173-183-220 - Initial site reconnaissance and notification of the RDA committee

Current through Register Vol. 24-14, July 15, 2024
(1) The on-scene
				coordinator (OSC) or initial department responder to an oil spill shall report
				the following to the RDA committee chair as soon as practicable:
(a) Initial determination of the type and
				character of the oil(s) spilled;
(b) Initial determination of location of the
				spill, general type of habitat(s) impacted, geographic coverage of the spill,
				and amount of oil(s) spilled; and
(c) Initial determination of potentially
				liable party identity.
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 › THE RDA COMMITTEE AND PREASSESSMENT SCREENING › Section 173-183-230 - RDA committee

Current through Register Vol. 24-14, July 15, 2024
(1)
				The following state agencies shall have membership on the RDA committee:
				Departments of archaeology and historic preservation, ecology, fish and
				wildlife, health, natural resources, and the parks and recreation
				commission.
(2) Agencies with
				membership on the RDA committee shall nominate a representative and alternate
				to be appointed to the committee by the director.
(3) The department of ecology shall chair the
				RDA committee.
(4) The department
				may select representatives from the following agencies and governments for
				participation on the RDA committee on a spill-by-spill basis: Departments of
				emergency management, as well as other federal, state, and local agencies, and
				tribal and local governments whose presence would enhance reconnaissance or
				damage assessment activities of spill response.
If a selected representative declines or is unable to
				  participate on the committee, the representative shall provide written notice
				  to the department within twelve hours of being notified so that a replacement
				  member may be appointed. Prompt consideration will be given to other local,
				  state, or federal agency, or tribal government requests for participation on
				  the RDA committee on a spill-by-spill basis.
(5) The RDA committee shall convene as soon
				as possible, but no later than thirty days after the department receives
				notification of a spill, or the next regularly scheduled meeting of the
				committee following a spill.
Statutory Authority:
					 RCW
					 90.48.366,
					 90.56.050,
					 90.48.035. 13-01-055 (Order
					 11-05), § 173-183-230, filed 12/14/12, effective 1/14/13. Statutory
					 Authority:
					 Chapter
					 90.48 RCW. 92-10-005
					 (Order 91-13), § 173-183-230, 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 › THE RDA COMMITTEE AND PREASSESSMENT SCREENING › Section 173-183-240 - Preassessment screening

Current through Register Vol. 24-14, July 15, 2024
(1)
				The primary duty of the RDA committee during the preassessment screening is to
				determine whether detailed damage assessment studies should be conducted under
				RCW
				90.48.367, or alternatively, whether the
				compensation schedule authorized under
				RCW
				90.48.366 and
				90.48.367 will be used to assess
				damages.
(2) The RDA committee
				shall consider information collected during reconnaissance and cleanup as well
				as other relevant background information pertaining to threatened public
				resources or resource use for the preassessment screening.
(3) The RDA committee shall consider the
				following factors when determining the type of damage assessment to be
				conducted:
(a) Whether evidence from
				reconnaissance investigations suggests that injury has occurred or is likely to
				occur to publicly owned resources;
(b) The potential loss in services provided
				by public resources injured or likely to be injured and the expected value of
				the potential loss;
(c) Whether a
				restoration project to return lost services is technically feasible;
(d) The accuracy of damage quantification
				methods that could be used and the anticipated cost-effectiveness of applying
				each method;
(e) The extent to
				which likely injury to public resources can be verified with available
				quantification methods; and
(f)
				Whether the injury, once quantified, can be translated into monetary values
				with sufficient precision or accuracy.
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 › THE RDA COMMITTEE AND PREASSESSMENT SCREENING › Section 173-183-250 - Damage assessment studies

Current through Register Vol. 24-14, July 15, 2024
(1) If the RDA committee, after considering
				the factors enumerated in WAC
				173-183-240(3),
				determines that the damages to be investigated are quantifiable at a reasonable
				cost and that proposed assessment studies are clearly linked to quantification
				of the damages incurred, then the RDA committee may authorize damage assessment
				studies.
(2) If the RDA committee
				authorizes damage assessment studies under
				RCW
				90.48.367(3), the RDA
				committee chair shall promptly notify the potentially liable party of this
				decision.
(3) The state trustee
				agency(ies) responsible for the potentially injured resource and habitat shall
				conduct the damage assessment studies and pursue all appropriate remedies with
				the responsible party. The RDA committee shall consider the proposed damage
				assessment studies and the effects of any proposed remedies in a timely manner,
				consistent with WAC
				173-183-240(3).
(4) As new information becomes available, the
				committee may reevaluate the scope of damage assessment studies using the
				factors listed in WAC
				173-183-240(3),
				and may reduce or expand the scope of damage assessment studies as
				appropriate.
(5) 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 the damage assessment studies.
Statutory Authority:
					 Chapter
					 90.48 RCW. 92-10-005
					 (Order 91-13), § 173-183-250, 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 › THE RDA COMMITTEE AND PREASSESSMENT SCREENING › Section 173-183-260 - Restoration and enhancement projects proposed by the PLP

Current through Register Vol. 24-14, July 15, 2024
(1) The potentially liable party (PLP) may
				propose restoration or enhancement projects or studies during the preassessment
				screening phase to substitute for some or all of:
(a) The damages calculated from the
				compensation schedule authorized under
				RCW
				90.48.366 and
				90.48.367; or
(b) The claims from damage assessment studies
				authorized under
				RCW
				90.48.142 and
				90.48.367.
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 › THE RDA COMMITTEE AND PREASSESSMENT SCREENING › Section 173-183-270 - Participation

Current through Register Vol. 24-14, July 15, 2024
To efficiently implement WAC
				  173-183-250 the RDA committee may
				  develop public resource damage assessment agreements to facilitate cooperation
				  between state and federal agencies and Indian tribes.
Statutory Authority:
					 Chapter
					 90.48 RCW. 92-10-005
					 (Order 91-13), § 173-183-270, 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 › OIL SPILL COMPENSATION SCHEDULE GENERAL › Section 173-183-300 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this section is to establish a compensation
				  schedule that will provide a simple methodology for assessing damages to public
				  resources from oil spills into fresh, marine, and estuarine waters of the
				  state. The intent is to provide an alternate methodology to the extensive and
				  expensive natural resource damage assessments presently being conducted
				  following oil spills. This section provides the procedures for:
(1) Establishing the relative vulnerability
				of public resources to oil spills by taking into consideration the relative
				toxicity of the oil spilled and the sensitivity of public resources present in
				the receiving environment; and
(2)
				Determining adequate monetary compensation for injury to public resources
				resulting from an oil spill.
Statutory Authority:
					 Chapter
					 90.48 RCW. 92-10-005
					 (Order 91-13), § 173-183-300, 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 › OIL SPILL COMPENSATION SCHEDULE GENERAL › Section 173-183-310 - Authority

Current through Register Vol. 24-14, July 15, 2024
This regulation implements the establishment of a resource
				  damage compensation schedule consistent with the provisions of
				  RCW
				  90.48.366 for the discharge of oil in
				  violation of
				  chapter
				  90.48 or
				  90.56 RCW which requires the
				  department to establish the compensation schedule in consultation with the
				  departments of fisheries, wildlife, and natural resources, and the parks and
				  recreation commission, and with the assistance of a scientific advisory
				  board.
Statutory Authority:
					 Chapter
					 90.48 RCW. 92-10-005
					 (Order 91-13), § 173-183-310, 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 › OIL SPILL COMPENSATION SCHEDULE GENERAL › Section 173-183-320 - Compensation schedule

Current through Register Vol. 24-14, July 15, 2024
(1)
				The compensation schedule determines adequate compensation for unquantifiable
				damages or for damages not quantifiable at a reasonable cost for persons liable
				under RCW
				90.48.142.
(2) Adequate compensation as determined from
				the compensation schedule is derived from preexisting information of resource
				vulnerability to a class of oil spilled in a particular subregion of the state
				during a particular season, plus any additional information collected at the
				reconnaissance stage of the spill response.
(3) Under
				RCW
				90.48.366, the amount of compensation
				assessed under this schedule shall be:
(a) For
				spills totaling one thousand gallons or more in any one event, no less than
				three dollars per gallon of oil spilled and no greater than three hundred
				dollars per gallon of oil spilled; and
(b) For spills totaling less than one
				thousand gallons in any one event, no less than one dollar per gallon of oil
				spilled and no greater than one hundred dollars per gallon of oil
				spilled.
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 › OIL SPILL COMPENSATION SCHEDULE GENERAL › Section 173-183-330 - Resource damage assessment using the compensation schedule

Current through Register Vol. 24-14, July 15, 2024
The compensation schedule includes:
(1) A relative ranking for each of the
				classes of oil defined in this chapter as determined by their known chemical,
				physical, and mechanical properties, and other factors that may affect the
				severity and persistence of the spill on the receiving environment;
(2) A relative vulnerability ranking of
				receiving environments which takes into account location of the spill, habitat
				and public resource sensitivity to oil, seasonal distribution of public
				resources, areas of recreational use and aesthetic importance, the proximity of
				the spill to important habitats for birds, aquatic mammals, fish, or to species
				listed as threatened or endangered under state or federal law, and other areas
				of special ecological or recreational importance as determined by the
				department;
(3) A quantitative
				method for determining public resource damages resulting from an oil spill,
				based on the oil effects and vulnerability rankings designed to compensate the
				people of this state for those damages that cannot be quantified at a
				reasonable cost that result from oil spills; and
(4) A method for adjusting damages calculated
				under the compensation schedule based on recovery actions taken by the
				potentially liable party.
Statutory Authority:
					 RCW
					 90.48.366,
					 90.56.050,
					 90.48.035. 13-01-055 (Order
					 11-05), § 173-183-330, filed 12/14/12, effective 1/14/13. Statutory
					 Authority:
					 Chapter
					 90.48 RCW. 92-10-005
					 (Order 91-13), § 173-183-330, 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 › OIL SPILL COMPENSATION SCHEDULE GENERAL › Section 173-183-340 - Oil class ranking

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose
				of this section is to provide a relative ranking of the severity of effects
				caused by a spilled oil. The ranking is based on the known chemical, physical,
				and mechanical properties of oils in the six classes identified in this
				section, as well as other properties affecting propensity to cause acute
				toxicity and mechanical injury, and to persist in the environment. For purposes
				of the compensation schedule, relative rankings of the severity of effects
				caused by a spilled oil are provided for the following classes of oils:
(a) Prudhoe Bay crude oil;
(b) Bunker C;
(c) No. 2 fuel oil;
(d) Gasoline;
(e) Kerosene; and
(f) Kerosene-type jet fuel.