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•.. . iall i.. . "i.. e � i_ll7Ll'1_J-;JVJkt JJL STORAGE t CFR 113; 38 FR 2S439, September PART 113 --LIABILITY LIMITS FOR SMALL ONSHORE STORM FACILITIES iiltaecisf Liabi tlr of Small rwiNtIgs Subpart Storage racuiWs oft 113.1 1139 Applicability. 113.3 Dedattloaa. 113.4 ala. CIA"" ane llawuty ilmlta. 113.3-Rucluafoaa. 113.6 89act on laws. Avmoar=T: 1000. 311(f)(3). 33 Stat. WT. 33 VALC.1331 (13T3). Subpart I ftnge F 1113.1 This subpart establishes size classifica- tions and associated liability limits for email onshore oil storage facilities with Axed capacity of 1,000 barrels or less. 1113.2 Applicability. This subpart applies to all onshore oil storage facilities with fixed capacity of 1,000 barrels or less. When a discharge to the waters of the United States occurs from such facilities and when removal of Bald discharge is performed by the United States Government pursuant to the pro- visions of subsection 311(c) (1 ) of the Act. the liability of the owner or opem- tor and the facility will be limited to the amounts specified in paragraph 113.5. 11133 Definitions. As used in this subpart, the following terms shall have the meanings indicated below: (a) "Aboveground" storage facility means a tank or other container, the bot - tout which is on a Plans not mon thm 6 inches below the SUCTOUnding surfam (b) "Act" 1100011118 the Pederal Water Pollution Control Act, as Amended. 33 Q.S.C. 1151. et segq.Y..a w ��j stat" (c) "Barrel" means 52 United States gallons at 60 d (d) "below t, storage facility mesne a tads or outer container located Other than as deAned as "Aboveground" (a) "Discharge" inCludes, but is not limited to Say spilling. leaking, pumping, Pouring, emitting. emptying or dumping. (fD "Onabare On storage tyre means any facility (excluding manor ve- hicles and rolling stock) of any kind lo- cated in, on, or under. any lend wlWfa the United States, other than submerged land. (g) "On -Scene Coordinator" Is the single Federal representative designated Pursuant to the National Oil and Haz- ardous Substances Pollution Contin- fiency Plan and identified In approved Regional Oil and Hazardous Substances Pollution Contingency Plans. (h) "Oil" means oil of any kind or In any form, Including but not limited to. petroleum, fuel oil, sludge, oil refuse, and Oil mixed with wastes other than dredged spoil. (1) "Remove" or "removal" means the removal of the oil from the water and shorelines or We taking of such other actions as the Federal On -Scene Co- ordinator may determine to be necessary to minimize or mitigate dams" to the public health or welfare. Including but not limited to. Ask shellfidL wildlife. and public and private property. shore- lines. and Additionally. We terms not otherwise defined herein shall have the Meanings assigned them by sec. 311(a) of the Act. s 131:0951 1113.4 Site Classes and olloelaWdliabill sty llama for fixed onshore all 0torago facilideffis 1.000 barrels or law cap" Unless the United States can shoes- thM oil was discharged as a result al WWW negligence or willful misconduct WIWI& the privity and knowledge of Wt owner or Operator. the following limltt of liability an established for Axed on - share In the classes specified: (a) A e. aw atm cep.d I....«.....«..........«« Qp to to.— 4. off ...........». 171-M...... t� � �►.....««.«....«...«.. 001A 000.«_ 30o,0a (b) Belowground storme., ■« CST to we`t� I.. ........................ up to m.... s roc Il......... «......... ..«« 11-170 ....... Ell. ...---..«..... 7& 000 ...._... 171 -dam...... 30%am 000 1v_..._...« .............« w1-1,000.... !00.000 1113.5 Exclusions. This subpart does not apply to: (a) Those facilities whose average daily oil throughout is more than their Axed all storage capacity. (b) Vehicles and rolling stock. 1113.6 Effect another lacca, Nothing herein shall be construed to limit the liability of any facility under State or local law or under any Federal law other than sec. 311 of the Act, nor shall the liability of any facility for any charges or damages under State or local law reduce its liability to the Federal Government under section 311 of the Ack as limited by this subpart. copyright C 1973 by The Bureau of National Affairs, Inc. 41