250 R.I. Code R. 250-RICR-140-25-2.15

Current through December 26, 2024

Section 250-RICR-140-25-2.15 - Discharges to Reception Facilities

A. The owners or operators of any vessel ship which intends to transfer or discharge any shipboard oil to a reception facility shall, prior to the discharge or transfer, file with the Director evidence of financial responsibility, which shall include a surety bond, letter of credit, certificate of insurance, or corporate guarantee in the amount of at least fifty thousand dollars ($50,000.00) payable to the State of Rhode Island and Providence Plantations.

B. Prior to accepting any shipboard oil from a vessel ship, the owner or operator of the reception facility shall require the owner or operator of the vessel to produce evidence of financial responsibility consistent with the provisions of this section.

C. The money pledged or guaranteed by the requirement of this section shall be used to satisfy:

1. Costs incurred by the State to rectify and clean up any damage to the environment and natural resources; and

2. Fines or penalties imposed for violation of any laws or Regulations designed to prevent or control water pollution.

D. The forfeiture of such money pledged pursuant to this section shall not relieve the owner or operator of liability to the State if the costs incurred by the State and the fines imposed are greater than the amount forfeited.

E. The evidence of financial responsibility shall be subject to review and approval by DEM, but should conform as much as possible to those documents referenced in 40 C.F.R. § 264.151 (2018), recognizing, of course, that those referenced documents are designed for a somewhat different purpose.

F. The Director may require evidence of financial responsibility in an amount greater than fifty thousand dollars ($50,000.00) based on the following factors:

1. Volume of discharge;

2. Composition of the discharge;

3. Location of the discharge;

4. History of spills or noncompliance by the owner or operator; or

5. Other factors that may pose an increased threat to the State's environment and natural resources.

G. The owner or operator of a vessel also may be considered a generator of hazardous waste and subject to Federal and State hazardous waste Regulations.

250 R.I. Code R. 250-RICR-140-25-2.15

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