BILL REQ. #: H-5041.1
| State of Washington | 59th Legislature | 2006 Regular Session |
READ FIRST TIME 02/07/06.
AN ACT Relating to oil spill prevention, preparedness, and response; and adding new sections to chapter 88.46 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 88.46 RCW
to read as follows:
(1) The department's rules authorized under RCW 88.46.160 and this
section shall be scaled to the risk posed to people and to the
environment, and be categorized by type of transfer, volume of oil,
frequency of transfers, and such other risk factors as identified by
the department.
(2) The rules may require prior notice be provided before an oil
transfer, regulated under this chapter, occurs in situations defined by
the department as posing a higher risk. The notice may include the
time, location, and volume of the oil transfer. Unless oil transfers
are scheduled in advance four hours or more, marine fuel outlets
transferring less than three thousand gallons of oil in a single
transaction to a ship that is not a covered vessel shall not be
required to notify the department before the oil transfer.
(3) The department may require semiannual reporting of volumes of
oil transferred to ships by a marine fuel outlet.
(4) The rules may require additional measures to be taken in
conjunction with the deployment of containment equipment or with the
alternatives to deploying containment equipment. However, these
measures must be scaled appropriately to the risks posed by the oil
transfer.
(5) The rules shall include regulations to enhance the safety of
oil transfers over water originating from vehicles transporting oil
over private roads or highways of the state.
NEW SECTION. Sec. 2 A new section is added to chapter 88.46 RCW
to read as follows:
In addition to other inspection authority provided for in this
chapter and chapter 90.56 RCW, the department may conduct inspections
of oil transfer operations regulated under RCW 88.46.160 or section 1
of this act.
NEW SECTION. Sec. 3 A new section is added to chapter 88.46 RCW
to read as follows:
If the director believes a person has violated or is violating or
creates a substantial potential to violate the provisions of any rules
adopted under this chapter, the director may institute such actions as
authorized under RCW 88.46.070 (2) and (3).
NEW SECTION. Sec. 4 A new section is added to chapter 88.46 RCW
to read as follows:
The department shall by rule adopt procedures to determine the
adequacy of contingency plans approved under RCW 88.46.060. The rules
shall require random practice drills without prior notice that will
test the adequacy of the responding entities. The rules may provide
for unannounced practice drills of individual contingency plans. The
department shall review and publish a report on the drills, including
an assessment of response time and available equipment and personnel
compared to those listed in the contingency plans relying on the
responding entities, and requirements, if any, for changes in the plans
or their implementation. The department may require additional drills
and changes in arrangements for implementing approved plans which are
necessary to ensure their effective implementation.
NEW SECTION. Sec. 5 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.