ORS § 468B.370

Current through 2024 Regular Session legislation effective June 6, 2024
Section 468B.370 - Determination of adequacy of plan; practice drills; rules
(1)
(a) The Environmental Quality Commission by rule shall adopt procedures to determine the adequacy of a contingency plan approved or filed for approval under ORS 468B.365.
(b) The rules shall require random practice drills without prior notice to test the adequacy of the responding entities. The rules may provide for unannounced practice drills of an individual contingency plan.
(c) The rules may require the contingency plan holder to publish a report on the drills. This report shall include an assessment of response time and available equipment and personnel compared to those listed in the contingency plan relying on the responding entities and requirements, if any, for changes in the plans or their implementation. The Department of Environmental Quality shall review the report and assess the adequacy of the drill.
(d) The department may require additional drills and changes in arrangements for implementing the approved plan that are necessary to insure the effective implementation of the plan.
(2) The Environmental Quality Commission by rule may require any tank vessel carrying oil as cargo in the navigable waters of the state to:
(a) Place booms, in-water sensors or other detection equipment around tank vessels during transfers of oil; and
(b) Submit to the department evidence of a structural and mechanical integrity inspection of the tank vessel equipment and hull structures.
(3) A tank vessel that is conducting, or is available only for conducting, oil discharge response operations is exempt from the requirements of subsection (1) of this section if the tank vessel has received prior approval of the department. The department may approve exemptions under this subsection upon application and presentation of information required by the department.

ORS 468B.370

1991 c.651 §9; 2001 c.688 §3