Current through September 30, 2024
Section 136.1 - Purpose and applicability(a) This part prescribes regulations for-(1) Presentation, filing, processing, settlement, and adjudication of claims authorized to be presented to the Oil Spill Liability Trust Fund (the Fund) under section 1013 of the Oil Pollution Act of 1990 (the Act) ( 33 U.S.C. 2713 ) for certain uncompensated removal costs or uncompensated damages resulting from the discharge, or substantial threat of discharge, of oil from a vessel or facility into or upon the navigable waters, adjoining shorelines, or the exclusive economic zone;(2) Designation of the source of the incident, notification to the responsible party of the designation, and advertisement of the designation and claims procedures; and(3) Other related matters.(b) This part applies to claims resulting from incidents occurring after August 18, 1990.(c) Nothing in this part- (1) Preempts the authority of any State or political subdivision thereof from imposing any additional liability or requirements with respect to-(i) The discharge of oil or other pollution by oil within such State; or(ii) Any removal activities in connection with such a discharge; or(2) Affects or modifies in any way the obligations or liabilities of any person under the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ) or State law, including common law; or(3) Affects the authority of any State-(i) To establish, or to continue in effect, a fund any purpose of which is to pay for costs or damages arising out of, or directly resulting from, oil pollution or the substantial threat of oil pollution; or(ii) To require any person to contribute to such a fund; or(4) Affects the authority of the United States or any State or political subdivision thereof to impose additional liability or additional requirements relating to a discharge, or substantial threat of a discharge, of oil.