06-096-680 Me. Code R. § 5

Current through 2024-44, October 30, 2024
Section 096-680-5 - Requirements

The Board of Environmental Protection requires that the applicant submit in writing, along with the application, a comprehensive proposal for the lay-up of tankers or tank vessels singly or in nests. This proposal will identify the party responsible for the vessel or vessels in lay-up.

This proposal shall include plans for safe and pollution-free lay-up. The plans shall include, but not be limited to:

A. The specific location, duration, and type of anchorage.
B. Provisions assuring that the cargo tanks, adjacent cofferdams, ballast tanks, pumping rooms, cargo piping systems, and cargo venting arrangements are thoroughly clean, gas-free, and will be maintained gas-free. Initial gas-free certification shall be made by a licensed marine chemist. Thereafter, gas-free status shall be checked weekly by a licensed marine chemist until condition is stabilized, after which intervals may be lengthened.
C. Evidence of financial responsibility required by the Federal Water Pollution Control Act, and evidence of suitable liability insurance for each vessel.
D. Specifications, reviewed and approved by a marine surveyor qualified in the class of vessel, as to size and scope of chain, number and size of anchors to be used dependent on freeboard, depth of water, type of bottom holding ground and extreme climatic tidal and current conditions in the area. In areas of doubtful holding ground, a statement of a geologist based on test borings may be required. A minimum of 5 feet under-keel clearance must be assured at extreme low tides. Vessels over 30,000 DWT shall be anchored or moored both fore and aft.
E. If the laid up vessel is to be moored to a waterfront facility, certification by a qualified marine surveyor that the facility and all dolphins and other shoreside mooring fittings, and the number, size, arrangement, and condition of mooring lines are safe and capable of holding the vessel secure, taking into account freeboard, draft and extreme climatic tidal and current conditions in the area.
F. The systems and precautions necessary for safety on each vessel, including:.
(1) contingency plans for heavy weather;
(2) contingency plans for fire fighting;
(3) contingency plans for tug boats;
(4) contingency plans for emergency evacuation of crews;
(5) plans for safe fendering; and
(6) assurance that prescribed navigation lights and shapes will be displayed at appropriate times.
G. The number of men that will be assigned to the vessels during the lay-up period. This listing shall indicate the names of the men, the qualifications of the assigned men and the availability of the men. The Board must be notified if there are any changes to this list of men at any time during the entire lay-up period. The applicant must designate one man as the pollution control coordinator who will be responsible for the on-going environmental requirements during the lay-up period.
H. A detailed plan for the disposal of solid waste.
I. A detailed sewage disposal plan.
J. Provisions to permanently maintain standard and emergency communications between shore and the vessels in a lay-up condition.
K. A current Deratization Certificate.

If no live, aboard ship-keeping crew is planned, the applicant must prove to the Board that this is an adequate way to ensure safe lay-up. If no live, aboard ship-keeping crew is required by the Board the applicant must demonstrate plans to conduct periodic visits by people determined by the Board to be competent to assure safety and compliance with State law.

The applicant shall notify the Board of Environmental Protection of changes in flag or registry or change of ownership of the laid up vessels.

Before approval of a proposed lay-up, the Board may elect to hold a public hearing.

Approval of a lay-up shall be deemed a granting of permission for employees of the Department of Environmental Protection to make periodic inspections of the vessel or vessels to assure that the applicant is in compliance with the terms of the permit during the entire lay-up period.

06-096 C.M.R. ch. 680, § 5