Oil pollution liability and compensation establishes the oil spill compensation fund. Oil pollution and international marine environmental law 31 in the international law in the course of time a comprehensive regulatory regime on prevention of marine oil pollution particularly oil spills was developed. The act of congress sustained the united states commitment to control the discharge of fossil fuel pollutants from nautical vessels and to acknowledge the embargo of coastal zones in transboundary waters. The opa is the overarching federal statute that delineates the roles and functions of federal agencies involved in responding to a spill in coastal waters. Oil spill occurs due to the release of a liquid petroleum hydrocarbon into the aquatic environment. It created a comprehensive prevention, response, liability, and compensation regime to deal with vessel and facilitycaused oil pollution. Spill prevention, control, and countermeasure spcc. Oil pollution act of 1990 federal response to oil spills dates back to 1924, when the first oil pollution act opa was established.
The councils contract with alyeska predates opa 90, but the similarities in the powers and duties given the council in the two documents are. The oil pollution act opa was signed into law in august 1990, largely in response to rising public concern following the exxon valdez incident. Opa n was passed in the wake of the exxon valdez oil spill in march of 1989. Marine water is especially affected by this form of pollution. The act of congress sustained the united states commitment to control the discharge of fossil fuel pollutants from nautical vessels and to acknowledge. This act may be cited as the merchant shipping oil pollution act. Oil pollution is primarily a manmade pollution and is a result of human irresponsible activities. In our first installment, we provide an overview of the oil pollution act opa of 1990, passed in response to the exxonvaldez oil spill in 1989. The federal water pollution control act prohibits the discharge of oil or oily waste into or upon the navigable waters of the united states, or the waters of the contiguous zone, or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the united states, if such discharge causes a film or discoloration of the surface of the water or. Click download or read online button to get oil pollution act of 1990 book now. Oil pollution act 1986 section 3 c at 12 of 1986 page 7 3 if it is proved that, at a time to which the charge relates, the surface of the waters into which the mixture was discharged from the place on land, or. The oil pollution act opa was passed in the wake of the exxon valdez oil spill in march of 1989. Report on implementation of the oil pollution act of 1990.
Oil pollution act 1986 section 3 c at 12 of 1986 page 7 3 if it is proved that, at a time to which the charge relates, the surface of the waters into which the mixture was discharged from the place on land, or land adjacent to those waters, was fouled by oil, subsection 2 shall not apply unless the court is satisfied that the fouling was. Canada shipping act, 2001 1190 kb act current to 20200504 and last amended on 20190730. State regulations pertaining to response activities may exceed those of the federal government, as allowed by the oil pollution act of 1990. On the optimal timing of the oil pollution act 115 having posed the problem in an optimal timing fram ework we have demonstrated the importance of taking into account sunk costs a nd irreversibility. Oil pollution act of 1990 download ebook pdf, epub. The oil pollution act of 1990 opa was enacted in the wake of the tv exxon valdez oil spill to promote the prevention of oil spills into or upon navigable waters, the adjoining shorelines, and the exclusive economic zone, to promote the restoration of damaged natural resources, and for other purposes. Water prevention and control of pollution act, 1974. An act to make provision concerning oil pollution of navigable waters by ships, to provide for civil liability for oil pollution by ships and to give effect to certain. The passage of the oil pollution act of 1990 opa 90 by congress and subsequent modifications of international maritime regulations resulted in a farreaching change in the design of tank vessels. States agencies also are key players in oil spill response. Specifically, the law was enacted to impose penalties, to prevent future oil spills and to aid in the clean up if an oil. Opa 24 was amended by the clean water act, which was the primary federal statute governing oil spills prior to opa 90. The opa requires oil storage facilities and vessels to submit to the federal. The opa addressed issues associated with preventing, responding to, and paying for oil pollution.
Aug, 2016 oil pollution is most common in large water bodies like seas and oceans. May 25, 2016 the oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent and respond to catastrophic oil spills. Accordingly, in 1970, congress brought oil pollution within the scope of the federal water pollution control act fwpca,8 which had previously applied only to sewage and indus. Oil pollution act of 1990 january 2007 creation of the oil pollution act of 1990 was fueled by the exxon valdez oil spill of march 24, 1989, in which 11 million gallons of alaskan crude oil leaked into prince william sound waters when the tanker grounded. The oil pollution act of 1990 opa 90 requires alyeska pipeline service co. The act to prevent pollution from ships apps was passed by the us congress in 1980 to implement the international convention for the prevention of pollution from ships 1973 as modified by the marpol protocol of 1978, which established environmental pollution standards for shipping. Oil pollution act opa and federal facilities enforcement. The act of congress grants the secretary of war authority to evaluate the oil volume discharge from a vessel while assessing if coastal navigable waters have a potential toxicity posing a deleterious. Makes the responsible party for a vessel or facility from which oil is discharged or which poses a substantial threat of discharge liable for removal costs and for economic or natural resource damages, including. Pure economic loss claims under the oil pollution act. Oil pollution act of 1990 opa united states coast guard.
This site is like a library, use search box in the widget to get ebook that you want. Oil pollution act this act, oil pollution act of 1990 public law 1080 33 u. The spiller, or responsible party, has the primary responsibility to conduct spill cleanup, following the procedures listed in the vessel or facility response plan. A summary of the extent to which the response costs and damages for oil spills have exceeded the liability limits established in section 1004 of the oil pollution act. In 1990, the oil pollution act amended the clean water act to require some oil storage facilities to prepare facility response plans. A 1990 law called the oil pollution act set out the penalties for corporations that spill oil into the environment, but how exactly it will apply to the bp spill in the gulf of mexico is unclear. Conference report filed in house 08011990 oil pollution act of 1990 title i. Pdf on the optimal timing of the oil pollution act. Jan 23, 2018 the oil pollution act was signed into law in 1990, mostly in response to public concern around the exxon valdez oil spill. Two international conventions address oil spill liability. In 1992, shortly after the oil pollution act came into effect, noaa created the damage assessment, remediation, and restoration program darrp. The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent and respond to catastrophic oil spills. President to promulgate oil spill prevention and response regulations.
Oil pollution of territorial waters act an act to make provision against the discharge or escape of oil into the waters of trinidad and tobago. On july 1, 1994, epa finalized the revisions that direct facility owners or operators to prepare and submit plans for responding to a worstcase discharge of oil subpart d. Oil pollution act of 1990 download ebook pdf, epub, tuebl, mobi. The oil pollution act of 1990 opa was enacted in the wake of the tv exxon valdez oil spill to promote the prevention of oil spills into or upon navigable waters, the adjoining shorelines, and the exclusive economic zone, to promote the restoration of damaged natural resources, and. The statute establishes liability and limitations on liability for damages resulting from oil pollution, and establishes a fund for the payment of compensation for such damages. States have a position similar to the federal osc to coordinate or direct their spill response efforts. Oil pollution act overview us environmental protection agency. In conjunction with cercla, it mandates a national oil and hazardous. The oil pollution act of 1990 opa establishes a framework that addresses the liability of responsible parties in connection with the discharge of oil into the navigable waters of the united states, adjoining shorelines, or the exclusive economic zone. Oil pollution and international marine environmental law. The act to prevent pollution from ships made it a crime to knowingly violate the oil pollution provisions of. Liability under the oil pollution act lsu law digital commons. It soon became apparent that response resources, especially federal funds, were lacking, and.
Oil pollution of the ocean comes from shipping activity and offshore oil production. It created a comprehensive prevention, response, liability, and compensation regime to deal with vessel and facilitycaused oil pollution to u. Oil pollution act of 1924 is a united states federal statute establishing regulations for coastal navigable waters with regards to intentional fossil fuel discharges from seagoing vessels. Doublehull rather than singlehull tankers are now the industry standard, and nearly all ships in the world maritime oil transportation fleet are. Public law 1080 101st congress an act united states code. Edelman in response to several major oil spills, including the exxon valdez incident in 1989, the oil pollution act of 1990 opa was signed into law. The principal cause of marine pollution with oil is shipping. Oil pollution act of 1990 united states coast guard.
Liability and compensation for oil pollution damage. The opa improved the nations ability to prevent and respond to oil spills by establishing provisions that expand the federal. Oil pollution act opa of 1990 noaas damage assessment. Phmsa is responsible for implementing the oil pollution act of 1990 as it applies to onshore oil pipelines to decrease the likelihood of pipeline spills, diminish the environmental consequences of spills, and ensure that the responses to spills are swift and well planned. Chapter 20 10011011, was a united states federal law which amended the united states statute 75 stat. Oil pollution act overview us environmental protection.
Following the exxonvaldez incident the oil pollution act was enacted in 1990. A law that caps civil liability for oil spills caused by tankers and drilling vessels in the united states territorial waters. Many residents and businesses throughout the gulf coast suffered financial losses without accompanying physical injury to their property. In 1990, the oil pollution act opa amended the clean water act to require some oil storage facilities to prepare facility response plans frp. The oil pollution act of 1990 just one year after the exxon valdez catastrophe, the united state congress passed the oil pollution act of 1990 to deal with future oil spill accidents. Assent 29th november, 1976 commencement 1st september, 1989 part i preliminary 1. The passage of the oil pollution act of 1990 opa 90 by the u. The fwpca of 1972 provided a comprehensive plan for the cleanup of waters polluted by oil spills and intentional or accidental release of oil. It created a comprehensive prevention, response, liability, and compensation regime to deal with. Combining policy and congressional intent andrew b. The oil pollution act of 1990 opa establishes a framework that addresses the liability of responsible parties in connection with the discharge.
This act may be cited as the oil pollution of territorial waters act. Seabed activities on oil exploration and production constitute a relatively small part in the general amount of the pollution of marine environment with oil. Coastal oil spill prevention and response provisions languishing for years within congress all of. International oil pollution compensation funds liability and compensation for oil pollution damage texts of the 1992 civil liability convention. The oil pollution act opa of 1924 was the first federal statute prohibiting pollution of waters strictly by crude oil and crude oil derived products. The oil pollution act of 1973 or oil pollution act amendments of 1973, 33 u. The oil pollution act of 1990 was signed into law by george h. It works to avoid oil spills from vessels and facilities by enforcing removal of spilled oil and assigning liability for the cost of cleanup and damage, requires specific operating procedures.
Part 1 introductory 1 title this order is the merchant shipping marpol annex i prevention of pollution by oil order 2019. State unlimited liability laws in the wake of the oil pollution act of. It mandates new construction requirements, operational changes, response planning, licensing and manning. In response to the exxon valdez oil spill, the united states congress passed the oil pollution act of 1990 opa. The fwpca of 1972 provided a comprehensive plan for the cleanup of waters polluted by oil spills and intentional or accidental release of oil into the water. The passage of the oil pollution act of 1990 opa 90 was a landmark piece of federal legislation. Congress and subsequent modifications of international maritime regulationsnamely, the addition of regulations f and g to the international convention for the prevention of pollution from ships, adopted in 1973 and amended in 1978 marpol 7378resulted in a farreaching change in the design of tank vessels. The oil pollution act was signed into law in 1990, mostly in response to public concern around the exxon valdez oil spill. Be it enacted by the senate and house of representatives of the. The opa improved the nations ability to prevent and respond to oil spills by establishing provisions that expand the federal governments ability, and provide the money and resources necessary, to. Canada shipping act, 2001 611 kb pdf full document. The oil pollution act opa is the principal statute governing oil spills into the ations waterways. The opa amended the clean water act to help prevent, respond to and pay for oil pollution incidents by. A trust fund financed by a tax on oil is available to clean up spills when the responsible party is incapable or unwilling to do so.
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