Legal Issues

Reporting a Spill

By law, any oil or fuel spill that leaves a sheen on the water must be reported to the

U.S. Coast Guard National Response Center at 1-800-424-8802

Even a small spill can quickly result in a large sheen when combined with wind and wave action.  Legally, you are required to report all spills, regardless of amount.  Civil penalties can be imposed against anyone failing to report a spill. 

If you have spilled or discharged a petroleum product:

• Identify and stop the source of the leak
• Notify the marina management
• Call the U.S. Coast Guard National Response Center at 1-800-424-8802
• Contain spill with oil absorbent pads or booms
• Properly dispose of used or saturated absorbents

Civil penalties can be imposed against anyone for failing to report a spill. When reporting a spill, be prepared to give the following information:

• Location of the incident
• Cause or source of spill
• The type of fuel spilled
• The amount of fuel spilled
• Level of danger or threat
• Weather conditions at location

It is against the law to use detergents, soaps, emulsifying agents or other chemicals to disperse a spill or sheen on the water. These products cause the petroleum to sink, bringing more harm to the environment. They can also permanently pollute bottom sediments which can make future dredging projects difficult. Anyone who deliberately applies soap to disperse or hide a sheen is subject to criminal penalties including hefty fines.

Spill Response Plans

Did you know many marinas need a federal Spill Prevention, Control and Countermeasure (SPCC) Plan – a plan that describes measures you have taken to prevent, contain, and clean up petroleum spills?

The EPA requires marinas to prepare and implement a SPCC plan if the facility has:

• An aggregate aboveground storage capacity greater than 1,320 gallons, or one container greater than 660 gallons (containers of less than 55 gallons and/or permanently closed storage tanks are exempt from the total) or
• A total underground storage capacity greater than 42,000 gallons (except for permanently closed storage tanks)

What’s included in an SPCC Plan?

The SPCC contains information about the facility, the petroleum storage containment, inspections, and site diagram with locations of tanks (above and below ground), drainage and other important details. This can be drafted by the marina operator, but it must be checked and certified by a professional engineer.

Once certified, review this document with your staff and use it for training. Make a copy of the plan and post it in plain view at your oil and fuel storage location. Make the plan accessible by making several copies and keep one with each of the key offices at your marina. It is also a good idea to share your SPCC emergency response plan with your local fire department and harbor master.

To view and order our brochure on SPCC plans click here.

For more information on additional regulations regarding an EPA SPCC plan, check out http://www.epa.gov/oilspill/spcc.htm and http://www.epa.gov/Arkansas/6sf/sfsites/oil/samppln.htm for a sample plan.

Even if you aren’t required to have an SPCC Plan by law, we recommend developing a plan to respond to spills at your facility both large and small. The plan should include step-by-step procedures and emergency contact numbers. It should be written down, stored in an accessible location. Be sure to include employee training and practice drills to make sure the plan is followed.

Community Right to Know

The Emergency Planning and Community Right-to-Know Act (EPCRA) is a federal law enforced by EPA and managed by state and local authorities. EPCRA requires marinas to report the storage of gasoline, diesel fuel, propane, fuel oil, and some other chemicals over certain thresholds. This information is used by the public emergency planners, and first responders to determine chemical hazards in their community. For more information on your responsibilities under this law see http://yosemite.epa.gov/oswer/ceppoweb.nsf/content/faqs.htm

Other Legal Requirements

Your state may require additional reporting and permitting to safely distribute fuel. Be sure you have checked with your local state laws to determine if you need additional air, storm water and petroleum tank permits. It is also a good idea to have a plan to handle unforeseen acts of nature, deliberate acts of terrorism, or a large scale spill.

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