A recent bunker spill involving a dry cargo vessel in Humboldt Bay, California illustrates a clear message to vessel operators – especially those who operate non-tanker vessels in North American waters: Be Prepared or Pay the Price.
There are few people today who do not realize that “a spill is a spill is a spill” in US waters. That is, the same rules will apply to any vessel spilling oil into US waters as apply to a tanker under the Oil Pollution Act of 1990. The simple fact is that, for those few who do not know, the consequences can be punitive.
In the event that a vessel spills oil, it will be required to make all the appropriate and legally required notifications. The US Coast Guard will expect an aggressively managed response. If not satisfied with the response effort, the Coast Guard or other State authorities involved are likely to take over the response effort. The public and community may either support the response or condemn it in the media, and perhaps later the courts, if you do not respond quickly and effectively. The owner/operator will be subject to the Natural Resource Damage Assessment claims process.
This is only an excerpt of A Cautionary Tale for Dry Bulk Owners
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