Brooks, Jennifer L.

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1997 Survey of Rhode Island Law: Legislation: Environmental Law. An Act Relating to Oil Pollution Control and Tank Vessel Safety

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Roger Williams University Law ReviewVolume 3 | Issue 2 Article 28Spring 19981997 Survey of Rhode Island Law: Legislation:Environmental Law. An Act Relating to OilPollution Control and Tank Vessel SafetyJennifer L. BrooksRoger Williams University School of LawFollow this and additional works at: http://docs.rwu.edu/rwu_LRThis Survey of Rhode Island Law is brought to you for free and open access by the Journals at DOCS@RWU. It has been accepted for inclusion inRoger Williams University Law Review by an authorized administrator of DOCS@RWU. For more information, please contact mwu@rwu.edu.Recommended CitationBrooks, Jennifer L. (1998) "1997 Survey of Rhode Island Law: Legislation: Environmental Law. An Act Relating to Oil PollutionControl and Tank Vessel Safety," Roger Williams University Law Review: Vol. 3: Iss. 2, Article 28.Available at: http://docs.rwu.edu/rwu_LR/vol3/iss2/28586 ROGER WILLIAMS UNIVERSITY LAW REVIEW [Vol. 3:583Environmental Law. An Act Relating to Oil Pollution Controland Tank Vessel Safety. Provides that oil cannot be dischargedinto the waters, or upon the land in Rhode Island, except by a regu-lation or permit from the Director of the Department of Environ-mental Management. Provides also for the timely reporting of anyevent, including, but not limited to a spill or loss of cargo, whichhas occurred in the Rhode Island waters, and the establishment ofa waterway safety committee on, or before, January 1, 1998. Re-quires specific towing-vessel equipment, and tank barge equip-ment, such as a double hull, or an escort towing vessel. Effective,January 1, 2001. 1997 R.I. Pub. Laws ch. 32.This legislation (the Act) prohibits oil pollution and requiresthe use of double hull tank barges on all towing vessels that havetank vessels with a capacity of 7500 or more barrels.1 The firstportion of the Act, entitled Oil Pollution Control, recognizes that oilis an important energy source to the citizens of Rhode Island.However, the Act aims to prevent any negative impact that the dis-charge of oil may have on the public health, environment and econ-omy of Rhode Island and its citizens.2 In order to carry out theseobjectives, the Act empowers the Director of the Department of En-vironmental Management to promulgate rules and regulations forthe transportation of oil on the waters and over the land in RhodeIsland. The Act also requires that prior to the transfer of oil to orfrom a tank vessel, or oil barge, an oil discharge contingency planis filed.3 In addition to preventing oil pollution, the Act prohibitsthe discharge of contaminated ballast water from a vessel into1. R.I. Gen. Laws §§ 46-12.5.1-3, -12.6-10 (Supp. 1997). The Act amends title46-Waters and Navigation-of the Rhode Island General Laws and adds chap-ters 12.5.1 and 12.6. 1997 R.I. Pub. Laws ch. 032, § 2. The Act defines "oil" as"crude, refined, or a petroleum by product... petroleum, fuel oil, gasoline, lubrica-ting oils, oily sludge, oil refuse." R.I. Gen. Laws § 46-12.5.1-1(f). The Act defines"oil pollution" as "discharging, causing to be discharged, or permitting the dis-charge of oil into or upon the waters of this state ... or to undertake any develop-ment which may result in the discharge of oil into the waters of the state." Id. TheAct defines "tank vessel" as "a vessel whose primary purpose is to carry oil or haz-ardous material and in the instance of a tank vessel under tow includes the towingvessel." Id. § 46-12.6-3(8). The Act defines "tank barge" as "any tank vessel notequipped with the means of self propulsion." Id.2. Id. § 46-12.5.1-6(1).3. Id. § 46-12.5.1-2(b), (c)(1).SURVEY SECTIONRhode Island waters unless it is for the safety of the vessel and noother alternative exists to ensure this safety. 4In the event that a discharge does occur, the Act requires theperson in charge of the vessel to make a timely report to the De-partment of Environmental Management.5 The Act also imposessubstantial civil penalties as an incentive for safely handling oiland preventing its discharge into the waters or onto the land.6The second portion of the Act, entitled the Tank Vessel SafetyAct, regulates the operation of the vessels that transport oil onRhode Island's waters in order to prevent the release of this oil intothe environment. 7 Similar to the Oil Pollution Control chapter,the Tank Vessel Safety Chapter requires the master, owner, opera-tor or agent of a tank vessel, or a tug boat that tows the tank ves-sel, to notify immediately the director of a spill or loss of cargo, orthe threat of one.8 In order to promote waterway safety, the Actrequires that the director set up the Rhode Island Port and Water-way Safety Committee. The role of the committee is to review allaspects of navigation and marine operation, and to make recom-mendations for safety improvements.9Most importantly, the Act provides that by January 1, 2001,all tank barges which transport oil or hazardous materials onRhode Island waters and have a capacity greater than 7,500 bar-rels, must have a double hull. Without satisfying these require-4. Id. § 46-12.5.1-4(a), (b). The Act defines "contaminated ballast water" as"ballast water carried in uncleaned cargo tanks or mixed with oil in some othermanner such that the discharge of such water would produce a visible sheen." Id.§ 46-12.5.1-1(b).5. Id. § 46-12.5.1-5.6. Id. § 46-12.5.1-6(3). The director is responsible for establishing adminis-trative penalties for the discharge of oil. Id. Factors that the director will considerare (1) "[tlhe type of environment.. .(2) [t]he amount of oil spilled; (3) [tlhe type ofoil spilled; (4) [tlhe toxicity.. .characteristics of the oil spilled and (5) [a]ny mitigat-ing action that the vessel master . . . may have taken to stop or to control thedischarge of oil." Id.7. R.I. Gen. Laws § 46-12.6-2 (Supp. 1997).8. Id. § 46-12.6-4(1), (2). A report should consist of "Itihe estimated amountof oil spilled; [tihe date, time and location of the event; [tlhe weather conditionsduring the event; [tihe vessel operations at the time of the event; [tihe identity ofany facilities and/or vessels involved in the event; [and a] description of any meas-ures taken to prevent a recurrence of the event." Id.9. See id. § 46-12.6-7. The committee will take into consideration elementssuch as the "placement and effectiveness of aids to navigation ... small vesselcongestion in shipping lanes ... vessel to vessel communications." Id. § 46-12.6-7(1)(a)-(g).19981588 ROGER WILLIAMS UNIVERSITY LAW REVIEW [Vol. 3:583ments, they must be accompanied by an escort towing vessel.' 0Until that time, all single-hulled manned tank barges must havean operable anchor and either an emergency tow line or a bargeretrieval device with a pick up capability on the towing vessel.'1Finally, the Act provides that towing vessels which tow singlehulled barges at a capacity of greater than 7500 barrels must beequipped with twin engines and twin screws. Otherwise, the tow-ing vessels must be accompanied by an escort towing vessel of suf-ficient capacity. 12Jennifer L. Brooks10. Id. § 46-12.6-10(1), (2).11. Id. § 46-12.6-9(a)(1)-(3).12. Id. § 46-12.6-8(a)(3). Other requirements include navigation equipment, aDifferential Global Positioning Satellite system, security calls with other vessels indesignated areas and a voyage plan consisting of "the type and volume of cargotransported; current charts for the route[; ... tide and current data... speed andestimated time of arrival." Id. § 46-12.6-8(c)(1)-(8).

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1997 Survey of Rhode Island Law: Legislation: Environmental Law. An Act Relating to Oil Pollution Control and Tank Vessel Safety

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