62N-16.033. Terminal Facility Discharge Contingency Plan (Transferred)

(1) An owner or operator of a terminal facility shall by October 1, 1992, have a discharge contingency plan which is site specific for reporting discharges and detailing the methods, means and equipment to be used in the removal of such pollutants in the event of a discharge which enters or threatens to enter waters of the state. An adequate discharge contingency plan shall be one of the following:

(a) A plan in compliance with the federal Oil Pollution Act of 1990, Section 4202 requirements, which is hereby incorporated by reference, for an oil transfer facility contingency plan; or,

(b) For terminal facilities which store or service vessels with the capacity to carry 10,000 gallons or greater of pollutants as fuel or cargo, excluding motor fuel, a plan which includes as a minimum, the following details:

1. Terminal Facility Description.

a. The terminal facility name, location (including latitude, longitude and street address), telephone numbers, radio frequencies, if any, terminal facility size and storage capacities, hours of operation, pollutants handled, and types of transfers conducted.

b. Description of the terminal facility’s waterfront including any docks or wharves and the length and capacity of the largest vessel serviced at or providing service from the terminal facility.

c. Description of prevailing tides, currents, water depths, shorelines, and any structures located in adjacent waters within 100 yards of the terminal facility.

d. Description of seasonal weather to include wind directions and speeds, air and water temperatures and potential visibility problems.

2. Organization

a. The name of the designated spill response officer or “person in charge” and the facility manager and a description of the designated individuals’ training and discharge response duties. If the duties of the spill response officer are assumed by an individual with a different title, that individual’s title also may be used in the plan.

b. The names or positions of terminal facility employees assigned to the terminal facility discharge response team.

c. The names and telephone numbers of the owners, operators, facility manager and an alternate individual designated to be in charge of the facility when the facility manager is not present at the facility.

d. Location of the current list of the names and telephone numbers of additional personnel available to respond to a discharge.

3. Notification

a. The responsibility and procedure for the immediate telephone and radio notification of a discharge to the U.S. Coast Guard at the National Response Center of the Florida Marine Patrol.

b. The responsibility, procedure and telephone numbers for the timely notification of a discharge to the terminal facility’s management, off-duty personnel, cleanup contractors, oil spill cooperative, local emergency response governmental agencies.

c. Description of systems, measures, and devices used to detect discharges such as routine patrols, alarms, monitors and inspections.

4. Verification. The organizational procedure for verifying the source or cause of the discharge, the type, volume, and characteristics of the discharged pollutant, and the flow rate of discharge.

5. On-scene Assessment

a. Provide the name or title of the terminal facility personnel responsible for the initial determination of the size and projected threat of a discharge; movement of the pollutant; waters, shorelines and structures that may be affected; any anticipated environmental damage and observations of wind velocity and direction; currents and other such data that may assist in making discharge movement projections.

b. A plan or table of tank capacities to enable the volume estimation of a discharge or threat of a discharge from specific tanks or lines.

6. Response to a Discharge

a. List of all discharge containment or cleanup equipment at the terminal facility and the physical storage location of the equipment.

b. Procedures for terminal facility or contracted personnel to begin deploying containment boom within one hour of discovery of a discharge. Identify response team members by name or position and their specific responsibilities. The plan shall provide for initial containment response within one hour after discovery of a discharge and a secondary cleanup response using additional cleanup equipment within four hours after initial deployment of containment boom.

c. A list of cleanup contractors and local sources of cleanup equipment and materials available to the terminal facility. Detail the procedure and responsibility for obtaining and transporting the additional cleanup equipment required by 62N-16.034, if the equipment is not stored at the terminal facility.

7. Discharge Mitigation. Provide piping and tank diagrams showing the location of items, including valves, vents, and lines necessary to determine the source and cause of a discharge. Also include a description of the measures that can be taken to stop, control, mitigate and contain the discharged pollutant.

8. Protection of Sensitive or Critical Locations

a. Identify all known sensitive or critical locations most likely to be subjected to potential damage by a discharge including but not limited to, marshes, marinas, power plants, and parks. Include name of the location and telephone number of a contact person at each such location (park manager, marina manager, power plant manager, etc.), if any, and distance from the terminal facility.

b. Describe the methods and procedures to be used in protecting these identified areas.

9. Recovery and Disposal.

a. Identify spill recovery equipment and systems available for deployment.

b. Identify available locations for deployment of this equipment.

c. Identify the available staging and temporary storage areas for recovered pollutants.

d. Identify potential waste disposal facilities or sites for permanent disposal of recovered pollutant waste.

(c) For terminal facilities which store or service vessels with the capacity to carry less than 10,000 gallons of pollutants as fuel or cargo, excluding motor fuel, a plan which includes as a minimum, the following details:

1. Terminal Facility Description.

a. The terminal facility name, physical location and street address, telephone numbers, radio frequencies, if any, terminal facility size and pollutant storage capacities, hours of operation, pollutants handled, and types of transfers conducted.

b. Description of the terminal facility’s waterfront including any docks or wharves and the length and capacity of largest vessel serviced at or providing service from the terminal facility.

2. Organization. The name, address and telephone numbers of the owner, operator, terminal facility manager, and person designated to be in charge of the terminal facility when the terminal facility manager is not present at the facility.

3. Notification

a. The responsibility and procedure for the immediate telephone and radio notification of any discharge to the U.S. Coast Guard at the National Response Center or the Florida Marine Patrol, including, but not limited to, telephone numbers and radio frequencies of the U.S. Coast Guard and state contact point.

b. The responsibility, procedure and telephone numbers for the timely notification of a discharge to persons listed in 2. above, off-duty personnel, cleanup contractors, oil spill cooperative, local emergency response governmental agencies and other response and cleanup forces.

4. Response to a Discharge.

a. List of all discharge containment or cleanup equipment at the terminal facility and the physical location of the equipment.

b. Procedures for terminal facility or contracted personnel to begin deployment of containment boom within one hour of discovery of a discharge.

c. A list of cleanup contractors and local sources of cleanup equipment and materials available to the terminal facility.

(2) All terminal facility discharge contingency plans must be revised within 30 days of any significant change affecting the discharge response preparedness or capabilities of the facility. The plan shall be made available for inspection by the department upon request.

(3) The terminal facility owner or operator shall provide for the annual spill response training of all terminal facility personnel who are identified in the discharge contingency plan by name, title or position as having duties or responsibilities for response in the event of a discharge. In addition, the owner or operator shall insure that all such terminal facility discharge response personnel are required to review the facility’s discharge contingency plan on an annual basis or when significant changes or revisions have been made to the plan. Records of the required training and review shall be kept at the facility and made available for inspection upon request by the department.

(4) Vessels that are also terminal facilities need a contingency plan that meets the requirements of Rule Number 62N-16.036 F.A.C., and are exempted from having a plan in accordance with this rule.

Specific Authority 376.07 FS. Law Implemented 376.07 FS. History–New 8-27-92, Formerly 16N-16.033, Amended 4-12-95.