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Environmental Protection Agency §109.5
<br /> ous Materials Pollution Contingency resulting from oil discharges. Such
<br /> Plan(35 FR 8511). plans will be directed toward the pro-
<br /> tection of the public health or welfare
<br /> ! q 109.2 Definitions. of the United States, including, but not
<br /> As used in these guidelines, the fol- limited to, fish, shellfish, wildlife, and
<br /> lowing terms shall have the meaning public and private property, shorelines,
<br /> Indicated below: and beaches. The development and im-
<br /> (a) Oil means oil of any kind or in plementation of such plans shall be
<br /> any form, including, but not limited to, consistent with the National Oil and
<br /> petroleum, fuel oil, sludge, oil refuse, Hazardous Materials Pollution Contin-
<br /> and oil mixed with wastes other than gency Plan. State, local and regional
<br /> dredged spoil. oil removal contingency plans shall
<br /> (b) Discharge includes, but is not lim- provide for the coordination of the
<br /> ited to, any spilling, leaking, pumping, total response to an oil discharge so
<br /> pouring, emitting, emptying, or dump- that contingency organizations estab-
<br /> ing. lished thereunder can function inde-
<br /> (c) Remove or removal refers to the re- pendently, in conjunction with each
<br /> moval of the oil from the water and other, or in conjunction with the Na-
<br /> shorelines or the taking of such other tional and Regional Response T \s
<br /> actions as may be necessary to mini- established by the National Oil /d
<br /> mize or mitigate damage to the public Hazardous Materials Pollution Contin-
<br /> health or welfare, including, but not gency Plan.
<br /> limited to, fish, shellfish, wildlife, and
<br /> public and private property, shorelines, §109.4 Relationship to Federal re-
<br /> PART 109—CRITERIA FOR STATE, and beaches. sponse actions.
<br /> LOCAL AND REGIONAL OIL RE- (d) Major disaster means any hurri- The National Oil and Hazardous Ma-
<br /> MOVAL CONTINGENCY PLANS cane, tornado,storm, flood,high water, terials Pollution Contingency Plan
<br /> wind-driven water, tidal wave, earth- provides that the Federal on-scene
<br /> Sec, quake, drought, fire, or other catas- commander shall investigate all re-
<br /> 109.1 Applicability. trophe in any part of the United States ported spills. If such investigation
<br /> 103.2 Definitions. which, in the determination of the shows that appropriate action is being
<br /> 109.3 Purpose and scope. President, is or threatens to become of taken by either the discharger or non-
<br /> 109.4 Relationship to Federal response sufficient severity and magnitude to Federal entities, the Federal on-scene
<br /> actions. warrant disaster assistance by the Fed- commander shall monitor and provide
<br /> 109.5 Development and implementation cri-
<br /> teria for State, local and regional oil re- eral Government to supplement the ef- advice or assistance, as required. If ap-
<br /> moval contingency plans. forts and available resources of States propriate containment or cleanup ac-
<br /> 109.6 coordination. and local governments and relief orga- tion is not being taken by the dis-
<br /> Arrrsosrrv: Sec. 110)(1)(B), 84 Stat. 96, 33 nizatlons in alleviating the damage, charger or non-Federal entities, the
<br /> U.S.C.1161(j)(1)(B). loss, hardship, or suffering caused Federal on-scene commander will take
<br /> Sonscz: 36 FR 22465, Nov. 25. 1971, unless thereby. control of the response activity in &C-
<br /> (e) United States means the States, cordance with section 11(c)(1) of the
<br /> the District of Columbia, the Common- Federal Act.
<br /> 4109.1 Applicability. wealth of Puerto Rico, the Canal Zone,
<br /> The criteria in this part are provided Guam, American Samoa, the Virgin Is- §109.5 Development and implementa-
<br /> landa, and the Trust Territory of the tion criteria for State, local and
<br /> to waist State, local and regional Pacific Islands. regional oil removal contingency
<br /> agencies in the development of oil re- pians.
<br /> moval contingency plans for the inland (q Federal Act means the Federal
<br /> navigable waters of the United States Water Pollution Control Act, as Criteria for the development and im-
<br /> and all areas other than the high seas, amended,33 U.S.C. 1151, et seq. plementation of State, local and re-
<br /> gional oil removal contingency plans
<br /> coastal and contiguous zone wate
<br /> 4109.5 Purpose and scope. are:
<br /> coastal and Great Lakes ports and bar-
<br /> hors and such other areas as may be The guidelines in this part establish (a) Definition of the authorities, re-
<br /> agreed upon between the Environ- minimum criteria for the development sponsibilities and duties of all persons,
<br /> mental Protection Agency and the De- I and implementation of State, local, organizations or agencies which are to
<br /> partment of Transportation in accord- 'I and regional contingency plans by be involved or could be involved In
<br /> ante with section 11(j)(1XB)of the Fed- State and local governments in con- planning or directing oil removal oper-
<br /> eral Act, Executive Order No. 11548 1 sulcation with private interests to in- ations, with particular care to clearly
<br /> dated July 20. 1970 (35 FR 11677) and sure timely, efficient, coordinated and define the authorities, responsibilities
<br /> §306.2 of the National 011 and Hazard- effective action to minimize damage and duties of State and local govern-
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