§ 2735. Equipment and personnel requirements under tank vessel and facility response plans

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Oil Pollution Act of 1990

   Pub. L. 101–380 title V § 5005 · 104 Stat. 484

   Enacted · 33 U.S.C. § 2735

   Pub. L. 101–380, title V, § 5005, Aug. 18, 1990, 104 Stat. 553

   Source evidence

   Code source credit
   Pub. L. 101–380, title V, § 5005, Aug. 18, 1990, 104 Stat. 553

   Enacted provision · exact public law section
   SEC. 5005. EQUIPMENT AND PERSONNEL REQUIREMENTS UNDER TANK VESSEL AND FACILITY RESPONSE PLANS. (a) In General.— In addition to the requirements for response plans for vessels established by section 311(j) of the Federal Water Pollution Control Act, as amended by this Act, a response plan for a tank vessel operating on Prince William Sound, or a facility permitted under the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.), shall provide for— (1) prepositioned oil spill containment and removal equipment in communities and other strategic locations within the geographic boundaries of Prince William Sound, including escort vessels with skimming capability; barges to receive recovered oil; heavy duty sea boom, pumping, transferring, and lightering equipment; and other appropriate removal equipment for the protection of the environment, including fish hatcheries; (2) the establishment of an oil spill removal organization at appropriate locations in Prince William Sound, consisting of trained personnel in sufficient numbers to immediately remove, to the maximum extent practicable, a worst case discharge or a discharge of 200,000 barrels of oil, whichever is greater; (3) training in oil removal techniques for local residents and individuals engaged in the cultivation or production of fish or fish products in Prince William Sound; (4) practice exercises not less than 2 times per year which test the capacity of the equipment and personnel required under this paragraph; and (5) periodic testing and certification of equipment required under this paragraph, as required by the Secretary. (b) Definitions.— In this section— (1) the term “Prince William Sound” means all State and Federal waters within Prince William Sound, Alaska, including the approach to Hinchenbrook Entrance out to and encompassing Seal Rocks; and (2) the term “worst case discharge” means— (A) in the case of a vessel, a discharge in adverse weather conditions of its entire cargo; and (B) in the case of a facility, the largest foreseeable discharge in adverse weather conditions.

2. 1992

   Pub. L. 102–388 title III § 354 · 106 Stat. 1520

   Substituted · 33 U.S.C. § 2735(a)

   Pub. L. 102–388 substituted “tanker loading cargo at” for “tank vessel operating on Prince William Sound, or” and directed the insertion of “and a response plan for such a facility,” after “(43 U.S.C. 1651 et seq.).”, which was executed by making the insertion after “(43 U.S.C. 1651 et seq.),” to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–388 substituted “tanker loading cargo at” for “tank vessel operating on Prince William Sound, or” and directed the insertion of “and a response plan for such a facility,” after “(43 U.S.C. 1651 et seq.).”, which was executed by making the insertion after “(43 U.S.C. 1651 et seq.),” to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   Sec. 354. Carriage of Oil in Prince William Sound.— Section 5005(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2735(a), 104 Stat. 553) is amended— (1) by striking “tank vessel operating on Prince William Sound, or” and inserting in lieu thereof “tanker loading cargo at”; and (2) by inserting “and a response plan for such a facility,” after “(43 U.S.C. 1651 et seq.).”.

2 of 2 references resolved to an enrolled provision