Oil Spill Mitigation Planning and Monetary Recovery
Saint Petersburg College
FOSSA A (2012) Saint Petersburg College
Oil spill mitigation planning and monetary recovery
A small Gulf Coast Community in Florida has requested the implementation of a contingency plan in the event of an oil spill that affects the coast line. This paper discusses the regulations, and laws that govern an oil spill and who is responsible for monetary and geographical land damage. Who will be the responsible party to clean up and restore the coast line back to its natural condition? Who is responsible for reimbursement for lost revenues due to an oil spill along the coast line? What types of legal remedies are there for financial relief of lost revenues to business and citizens of the community? What types of policies should be created to protect the financial variables and geographic location. How much will the implementation of a plan cost. How can we implement these items and maintain a plan that protects the financial and geography of this community?
OIL SPILL MITIGATION PLANNING AND MONETARY RECOVERY
The Florida Gulf Coast is known for its beautiful beaches and waterways. Every year thousands of tourists flock to the coast line and enjoy the warm summers in the waters and beaches of Florida. With a total revenue of $57 billion a year, an oil spill along the Gulf Coast could devastate this money and bring financial hardship to small business (Bert & Clayton, 2012) . The communities along the Gulf Coast have taken advantage of these beaches through tourism and the amount of money it brings to each community. In the past a large oil spill caused great damage to beaches in other states. The communities of the Florida Gulf Coast are now inquiring as to the laws, regulations, prevention, reimbursement, and remediation in the event an oil spill was to threaten or come ashore in the community. The community is also inquiring as to the cost factor in implementing a plan to protect their beaches. Rules and Regulations Pertaining to Oil Spills
Rules and regulations govern certain acts of pollution. There are numerous laws enacted to protect the water ways, but the rules also protect the beaches and coastline in which people travel to each day. Certain rules will protect an oil spill out to a certain distance in the open water, but when the spill encroaches on beaches the Federal rules and regulations might broaden to encompass state and local rules and ordinances. The Oil Pollution Act (OPA) was signed into law in August 1990. This was done due to the rising public concern over the Exxon Valdez oil spill (U.S. Environmental Protection Agency, 2011). This act improved the nation’s ability to prevent and respond to oil spills by expanding the federal government’s ability to respond and provide the money and resources necessary in the event of a catastrophic oil spill. There are many key provisions of the Oil Pollution Act. They are designed to protect and help fund the cleanup through fines against the company and third parties causing the spill. * § 1002 (a) - Provides that the responsible party for the vessel or facility in which the oil is discharged is liable for (1) certain specified damages resulting from the discharged oil; and (2) removal cost incurred in a manner consistent with the National Contingency Plan (NCP). * § 1002 (d) - Provides that if a responsible party can establish that the removal costs and damages resulting from an incident were caused solely by an act or omission by a third party, the third party will be held liable for such costs and damages. * § 1004 – The liability for tank vessels larger than 3,000 gross tons is increased to $1,200 per gross ton or $10 million, whichever is greater. Parties at offshore facilities and deep water ports are liable for up to $350 million per spill. Holder of leases or permits for...
References: Bert M Clayton B 2012 Addressing the Risk of a Cuban Oil Spi;;Bert, M., & Clayton, B. (2012, March). Addressing the Risk of a Cuban Oil Spi;;. Retrieved from http://www.cfr.org/cuba 20121205201933711470842
Environmental Protection Agency n.d. EPA Office of Emergency and Remedial ResponseEnvironmental Protection Agency (n.d.). EPA Office of Emergency and Remedial Response. 20121204202412389030814
State Of Florida 2005 Florida Administrative Register & Florida Administrative CodeState Of Florida (2005). Petrokeum Contamination Site Cleanup Criteria. In Florida Administrative Register & Florida Administrative Code (p. ). 20121205203939436014771
US Environmental Protection Agency 2011 Emergency ManagementU.S. Environmental Protection Agency (2012, December 28). Emergency Management. Retrieved December 2, 2012, from http://www.epa.gov/em/oem/content/lawsregs/opaover.htm
Viscusi, W., & Zeckhauser, R. (2011). Deterring and Compensating Oil-Spill Catastrophes: The Need for Strict and Two-Tier Liability. Vanderbilt Law Review, 64(6), 1717-1765.
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