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7�1 '.. [ �. -1, 7 1 7-1 .7'1 '71 r77 Coast Guard, DOT § 153.103 § 153.103 33 CFR Ch. 1 (7-1-93 Edition) PART 153—CONTROL OF POLLUTION costs that may be imposed or reim- declared by Presidential Proclamation OR and to recover the discharge from BY OIL AND HAZARDOUS SUB- bursed for the removal of'a discharge 5030 on March 10, 1983 (43 FR 10605). the water or adjoining shorelines. STANCES, DISCHARGE REMOVAL of oil or hazardous substances under NOTE: Coastal waters are those waters (k) Navigable waters means the the FWPCA_ where the Coast Guard has the responsibil- waters of the United States as defined Subpart A—General [CGD 84-067.51 FR 17965,May 16,19861 ity for providing On-Scene Coordinators M Paragraph 2.05-25(b) of this Chap- under the National Contingency Plan. Spe- ter. Sec. 153.103 Definitions. effic dividing lines between coastal and (1) Offshore facility means any facili- 153.101 Purpose. inland waters, and the Identification of ty of any kind located in,on, or under, 153.103 Definitions. As used in this part: specified ports and harbors on inland rivers, any of the navigable waters of the 153.105 Delegations. (a) Act means the Federal Water are contained In Regional Contingency 153.107 Redelegation. Pollution Control Act, as amended(33 Plans Prepared pursuant to the National United States, and any facility Of any 153.109 CERCL.A delegations. U.S.C. 1251 et seq.). Contingency Plan. kind which is subject to the jurisdic- tion of the United States and is locat- Subpart B--Hotiae of the Discharge of Oil ora (f) Contiguous zone means the ed in, on, or under any other waters, Hazardous Substance sive Environmental Response, Com- entire zone established by the United other than a vessel or a public vessel. 153.201 Purpose. pensation, and Liability Act of 1980 States under Article 24 of the Conven- (42 U.S.C.9601 et seq.). tion on the Territorial Sea and .the ( m means oil of any kind in 153.203 Procedure for the notice of dls- anyy f forrm, including but not limited ed t!• charge. (c) Chemical agents means those ele- Contiguous Zone, as published in the 153.205 Fines. ments, compounds, or mixtures: that June 1, 1972 issue of the FEnmuL REG- Petroleum, fuel oil, sludge, oil r than coagulate, disperse, dissolve, emulsify, 1szeR(37 FR 11906). and oil mixed with wastes other ttha Subpart�Aemoval of Discharged Oil foam, neutralize, precipitate, reduce, (g) Discharge includes, but is not dredged spoil. solubilize, oxidize, concentrate, con- limited to, any spilling, leaking, pump- En)FedOn-eral Coordinator or ted is 153.30[ Purpose. geal, entrap, fix, make the pollutant the Federal official Protection Age by fag, pouring, emitting, emptying, or the Environmental Protection Agency 153.303 Applicability. 153.305 Methods and procedures for the re- mass more rigid or viscous, or other- dumping, but excludes (A) discharges moval of discharged olL wise facilitate the mitigation of delete- in compliance with a permit under (EPA) Coast Guard to coordinate 153.307 Penalties. rious effects or removal of the pollut- Section 402 of the Act, (R) discharges and direct Federal removal efforts at ant from the water. The term "chemi- resulting from circumstances identi- the scene of an oil or hazardous sub- Subpart D—Administration of the Pollution cal agents" as used in this part in- fled and reviewed and made part of stance discharge as prescribed in the Fund cludes dispersants, surface collecting the public record with respect to a National Oil and Hazardous Sub- 153.401 Purpose. agents, biological additives, burning permit issued or modified under Sec- stances Pollution Contingency Plan (National Contingency Plan) as pub 153.403 Applicability. agents, and sinking agents as defined tion 402 of the Act, and subject to a lisped in 40 CFR Part 300. 153.405 Liability to the pollution fund. in Subpart H of the National Contin- condition in such permit, and (C) con- 153.407 Payments or reimbursement from geney Plan. - tinuous or anticipated intermittent (o) Onshore facility means any facili- the pollution fund (d) Chief, Office Of Marine Safety, discharges from a point source, identi- ty(including,but not limited to,motor 153.411 Procedures for payment of judg- ,Security and Environmental- Protec- fied in a permit or permit application vehicles and rolling stock) of any kind - ments. tion means the Coast Guard Officer under section 402 of the Act, which located in, on, or under, any land 153.413 Deposit of money into the fund..- are Caused by events occurring within within the United States other than 153.415 Cost summary reports. designated by the Commandant to 153.417 Reimbursement for actions under assist and advise the Commandant On the scope of relevant operating or submerged land. section 311(c)or 311(d)of the Act of the matters related to marine environmen- treatment systems. (p� Person includes an individual, Intervention on the High Seas Act. tal response, port and environmental (h) Hazardous substance means any firm, corporation, association, and AuTHoRITY: 14 U.S.C. 633: 33 U.S.C. safety,and waterways management. - - substance designated by the Adminis- partnership. 13210)(1)(A)and(m);42 U.S.C.9615;secs.2. (e) Coastal waters means all U.S. trator of the Environmental Protec- (q) pollution Fund and Fund means 5,and 7.E.O. 11735(38 FR 21243)as amend- waters subject to the tide, U.S. waters tion Agency pursuant to section the revolving fund established in the ed by E.O. 12418 (48 FR 20891); E.O. 12316 of the Great hakes,specified ports and 311(b)(2)of the Act. Treasury under the authority in sec- (46 FR 42237); 49 CFR 1.45(b) and 1.46 (1), harbors on the inland rivers, waters of (i) Inland waters means all other tion 311(k) of the Act to carry out the (m),and(gg). the contiguous zone, or other waters waters of the U.S. not included in the provisions of section 311 (c), (d), (f), SOURCE: CGD 73-185, 41 FR 12630,Mar. of the high seas subject to discharges definition of coastal waters. and(1)of the Act. 25, 1976,unless otherwise noted. in connection with activities under the - .. (r) Public vessel means a vessel TA NOInland'. waters are- those waters Outer.Continental Shelf Lands Act(43 where' the Environmental Protection owned or bare boat chartered and a Subpart A—General; U.S.C. 1331 et seq.) or the Deepwater Agency has the responsibility for providing erated by the United States, or by a Port Act of 1974 (33 U.S.C. 1501 et On-Scene Coordinators under the National State or political subdivision thereof, §153.101 Purpose. seq.), or which may affect natural re- Contingency Plan.Specific dividing lines be- or by a foreign nation, except when The purpose of this part is to pre- sources belonging to, appertaining to, tween coastal and inland waters are con- such vessel is engaged in commerce. scribe regulations concerning notifica- or under the exclusive management twined in Regional Contingency Plans pre- (s) Remove or Removal refers to re- tion to the Coast Guard of the dis- authority of the United States(includ- pared pursuant to the National Contingency moval of oil or hazardous substances charge of oil or hazardous substances ing resources under the Magnuson Plan. from the waters and shorelines or the as required by the Federal Water Pol- Fishery Conservation and Manage- (j). Mechanical removal means the taking of such other actions as may be lution Control Act, .as "amended ment Act (16 U.S.C. 1801 et seq.)). use of pumps,skimmers,booms, earth- necessary to minimize or mitigate (FWPCA); the procedures for the re- These waters include those contained moving equipment, and other mechan- damage to the public health or wel- moval of a discharge of oil; and the within the Exclusive Economic Zone ical devices to contain the discharge of fare,including,but not limited to,fish, 241 242