Quad Cities Sub-area Contingency Plan
V. Roles of Responsible Parties
The RP is required under the CWA to immediately report any discharge of oil that will produce a sheen on navigable water, adjoining shorelines, or the contiguous zone, or a release of a hazardous substance exceeding a reportable quantity, as per 40 CFR § 302.4, to the National Response Center (NRC). In addition, the spiller may be required to report these releases under various state and local statutes. OPA 90 §1002 makes RPs responsible for removal costs and damages. (See Section II A. for additional detail and planning requirements.) The RP is expected to cooperate with local public safety agencies during the emergency response phase of an incident. The RP conducts whatever response actions are necessary and for which its personnel are trained and equipped. This can include such activities as turning off valves, plugging or containing leaking containers, and evacuating employees. It may include fire fighting by industrial fire brigades. All of these activities are typically done under the direction of an IC from a local public safety agency.
The EPA or USCG may direct response activities by the RP at a discharge of oil or release of hazardous substances, if it becomes necessary. The FOSC also may "federalize" a response (see IV. C. 5.), if it becomes evident that an adequate response is beyond the capability of the RP, if the RP indicates an unwillingness to accept responsibility, or if the RP's identity is unknown. A UCS incorporating the command structure of the RP, local responders and state and federal responders may be established to address simultaneous public safety and environmental concerns. The RP has primary responsibility for the cleanup of a discharge or release. The response shall be conducted in accordance with the NCP and the RP's applicable response plan.
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