250 R.I. Code R. 250-RICR-140-25-2.12

Current through December 26, 2024

Section 250-RICR-140-25-2.12 - Oil and Waste Release Response

A. This section is applicable to any person or company engaged in the:

1. Transfer or storage of oil, including, but not limited to, the owner and operator of: an oil-carrying vessel, terminal, reception facility, oceangoing ship, AST, facility with AST(s), oil tanker truck, or oil delivery company;

2. Release of an oil product to the environment; and

3. Owner of property where an oil release has occurred.

B. When a release of oil occurs, it is the responsibility of any person subject to these Regulations to take the following actions. However, only one (1) person needs to make and file the written reports:

1. Immediately cease all further oil transfer operations until such time as the release is stopped and any oil spill debris material is removed;

2. Immediately stop discharge, begin containment and removal of the oil and waste material;

3. Immediately report the incident DEM, Office of Emergency Response by calling 401-222-1360 from 8:30 a.m. to 4:00 p.m. Monday through Friday or contact the Division of Law Enforcement dispatcher at 401-222-3070 all other times.

4. Notify other appropriate local, State and Federal officials, which may include, but are not limited to, the local Fire Chief, Coast Guard, Environmental Protection Agency, Coastal Resources Management Council, and the National Response Center (800-424-8802).

5. Within ten (10) calendar days of the time the release is first discovered, submit a written report to DEM, Chief of the Office of Emergency Response, which should include, but not be limited to:

a. Date, time and place of release

b. Names, addresses and telephone numbers of all persons potentially responsible or liable for such release, including all persons described in § 2.12(A) of this Part;

c. Amount and type of material released;

d. Complete description of containment and removal operation, including costs of these operations;

e. Complete description of circumstances causing the release;

f. Description any third-party damages;

g. Procedures, methods and precautions instituted or planned to prevent an event from recurring.

C. Mechanical methods initially shall be used to clean up oil and chemical releases unless otherwise permitted under § 2.12(D) of this Part.

D. No chemical agents, dispersants, surface collecting agents, biological additives, burning agents, or sinking agents, shall be used without the prior consent of the Office of Emergency Response.

E. In the event of an oil release or if the Director has reason to believe that a release has occurred, the Director may require any person subject to these Regulations to initiate monitoring, remedial, and cleanup action. Such action may include, but not be limited to, removal of oil from surface waters, placement of containment devices, water quality sampling, installation of groundwater monitoring recovery and/or treatment systems, restoration of areas impacted by the release, and removal of all oil-contaminated soil and debris. Such actions shall continue until the oil release has been remediated or mitigated, subject to the approval of the DEM.

F. All persons to whom these Regulations are applicable shall have an ongoing obligation to update and supplement all information delivered to DEM with new information regarding a release or spill as it becomes available.

250 R.I. Code R. 250-RICR-140-25-2.12

Amended effective 5/2/2018
Amended effective 7/20/2022