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Coast Guard, DOT § 153.407 § 153.411 selection considerations of the OSC include §153.405 Liability to the pollution fund. (iii) Incremental operating costs for hydrographic and meteorological condi- vessels, aircraft, vehicles, and equip- tions, characteristics of the sorbent, and The owner or operator of the vessel ment incurred in connection with the availability of a mechanical method for con- or onshore or offshore facility from tainment and recovery. which a discharge occurs that requires removal activity. Federal removal activity is liable to (iv) Supplies, materials, and equip- (b) Control the source of discharge, the pollution fund for the actual costs ment procured for the specific removal prevent further discharges, and halt of Federal and State agencies, includ- activity and fully expended during the or slow the spread of the discharge by ing the employment and use of person- removal activity, mechanical methods or sorbents or nel and equipment, not to exceed the (v) Lease or rental of equipment for both to the maximum extent possible; limits established by sections 311(f) the specific removal activity. (c) Recover the discharged oil from and(g)of the Act. (vi) Contract costs for the specific the water or adjoining shorelines by removal activity, mechanical or manual methods or §153.407 Payments or reimbursements (4) Claims payable under Part 25, both to the maximum extent possible; from the pollution fund. Subpart H of this title. (d) Use chemical agents only in ac- (a) The following costs incurred (b) The District Commander may cordance with the provisions of Sub- during performance of a Phase III ac- authorize the direct payment of the part H of the National Contingency tivity as defined in Subpart E of the costs found to be reasonable under Plan and with the prior approval of National Contingency Plan, or a re- paragraph(a)(3)of this section. Direct the Federal OSC;and moval action as defined in Subpart F payment may only be made to Federal (e) Dispose of recovered oil and oil of the National Contingency Plan, are or State agencies, or to Federal con- contaminated materials in accordance reimbursable to Federal and State tractors or suppliers. Direct payments with applicable State and local govern- agencies when authorized by the ap- to State or local agency contractors or ment procedures. propriate OSC under the authority of suppliers will not be authorized. [CGD 73-185,41 FR 12630,Mar.25, 1976,as' section 311(c) of the Act, and are reim- (c) The Pollution Fund is not avail- amended by CGD 84-067,51 FR 17966,May bursable to Federal agencies when au- able to pay any foreign, Federal, State 16,19861 thorized by the appropriate Coast or local government or agency for the Guard or EPA official in the case of payment or reimbursement of its costs §153.307 Penalties. the summary removal or destruction incurred In the removal of oil or haz- Section 311(j)(2) of the Act pre- of a vessel, other "intervention" (as ardous substances discharged from a scribes that any person who fails or re- defined in i 153.105(e) of this Part), or vessel or facility that it owns or oper- fuses to comply with the provisions of any other action under the authority ates. this subpart is liable to a civil penalty of section 311(d) of the Act or the Intervention on the High Seas Act (33 Noxa: Federal procurement procedures of not more than$5,000. governing contracts to purchase property U.S.C. 1471 et seq.): and services apply to costs incurred as a Subpart D—Administration of the (1) Costs found to be reasonable by result of removal activity.where the public P the Coast Guard incurred by govern- exigency will not permit the delay incident Pollution Fund merit industrial type facilities, includ- to advertising, purchases and contracts are ing charges for overhead in accord- negotiated pursuant to 10 U.S.C. 2304(a)(2) §153.401 Purpose. ance with the agency's industrial ac- or 41 U.S.C.252(c)(2),as applicable. This subpart prescribes policies, pro- counting system. (CGD 73-185.41 FR 12630,Mar.25, 1976,as cedures, and reporting reau-7ments (2) Actual costs for which an agency amended by CGD 84-067, 51 FR 17967,May for the payment from and deposit, into is required or authorized by any law to 16, 19861 the Fund established pursuant to sec- obtain full reimbursement, tion 311(k)of the Act. (3) Costs found to be reasonable by the Coast Guard incurred as a result §153.403 Applicability. of removal activity that are not ordi- The provisions of this subpart apply narily funded by an agency's regular. to: appropriations and that are not in- (a) Each Federal and State agency curred . during- normal operations. that desires reimbursement from the These costs include, but are not limit- Fund for costs incurred during a re- ed to,the following: val activity; and (i) Travel (transportation and per moe owner or operator of the diem) specifically requested of the (v Thagency by the On-Scene Coordinator. vessel h onshore or offshore facility from which a discharge occurs that re- (ii) Overtime for civilian personnel quires Federal removal activity. specifically requested of the agency by the On-Scene Coordinator.