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U 11, COASTAL 70-NE Let's protect our earth lNFORi`iA'Tl0N CENTER E . 5 . . . .. . . . . . NEW JERSEY DEPARTMENT 0; ENVIRONMENTAt PROTECTION _T_ OIL SPILLS 1-t REACTIONAND RESPONSIBILITY IN NEW JERSEY COASTAL NOTES NO. R-3 CENTER FOR COASTAL AND ENVIRONMENTAL STUDIES RUTGERS UNIVERSITY-THE STATE UNIVERSITY OE NEW JERSEY NEW BRUNSWICK NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF MARINE SERVICES - GC OFFICE OF COASTAL ZONE MANAGEMENT 1212 N5 o35 1977 U.S. DEPARTMENT OF COMMERCE NOA A COASTAL SERVICES CENTER 2234 SOUTH HOBSON AVENUE CHARLESTON SC 29405-2413 OIL SPILLS: REACTION AND RESPONSIBILITY IN NEW JERSEY Coastal Notes No. R-3 September, 1976 Second Edition January, 1977 Property Of CSC Library This pamphlet was prepared by the Center for Coastal and Environmental Studies of Rutgers - The State University for the Office of Coastal Zone Management, Division of Marine Services, New Jersey Department of Environmental Protection, with the financial assist anc e from the Office of Coastal Zone Management, national Ocean and Atomsphereic Administrarion, U.S. Department of Commerce under the provisions of P. L. 92- 583 This pamphlet was prepared in conjuction with the New Jersey sea Grant Program. GC1212N50351977 Spills of oil, chemicals, debris, and other hazardous materials in New Jersey are ten times more frequent today then they were five years ago.1 Because New Jersey's largest industrial activity is the manufacture of petroleum,petro- chemicals, and related operations,potential environmental threat exists through the sheer quantity and type of materials being handled. A spill of oil or any other hazardous material Pan kill fish and wildlie, destroy vegetation and contaminate Water supplies. Oil which is allowed to seep into the land. or drain into the ground and surface waters is difficult to remove, and can therefore remain a hazard for along time to the detriment of fish, wildlife,Vegetation, and Water quality. In order to avert these oil spill related environmental problems, the Federal and New Jersey State governments have developed programs for oil spill., prevention and control. This pamphlet describes the qovernmental reactive capacity to oil spills and also,explains how to report an oil spill to these agencies. Where, does spilled oil come from and what is New Jersey doing to combat spillage and subsequent spill damage? Oil spills can occur at refineries, storage terminals, or pipe- lines, and from oil transport trucks marine transport ships, and private sources. Presently, New Jersey has five oil refineries with a combined storage capacity of 28 million gallons; approximately 350 storage terminal Is with a combined storage capacity of three billion gallons; and over 700 miles of pipelines stretching across the state. Most spills occur within the three geographical areas where the flow Of commercial, oil traffic is the greatest: l)in northeastern New Jersey in the Arthur Kill' the Passaic River and the Raritan River and Bay; 2). in southeastern New Jersey on the Delaware River and Delaware Bay; and 3)along a corridor:-linking these two areas, The reported volume of spilled oil has risen steadily for the.past five years, increasing-from less than one millon gallons in 1971 to over thirty million gallons in 19752. 1New Jersey Department,of Environmental Protection, Office of Special Services Statistics 21bid. 2 Only one-third,of all the oil spills which occur in New Jersey are reported; an estimated two thirds go unreported. Because many of the unreported spills are of 1,000 gallons or less, the one third which are reported represents 85% of the total volume of oil spilled in New Jersey. The largest number of spills of signigicance are related to truck transport accidents, whereas the larges quantity of oil is spilled from maring transport ships. Organized response to ol spills in New Jersey occurs at Federal and State levels of government. The major Federal responsibiltiy rests with the Coast Guard, which has jurisdic- tion over oil spills into all navigable waters, the tribu- taries thereto, and adjoining shorelines. The Environmental Protection Agency aids the Coast Guard with the clean-up of oils spills into inland wateways and its associated tribu- taries. New Jersey has jurisdiction over spills of oil and other hazardous materials into all waterways and groundwaters of the state. The Federal response operates under the National Oil and Hazardous Substances Pollution Contingency Plan (NOHSPCP), established purstant to the Federal Water Pollution Control Act of1972 (P.L. 92-500). This plan is designed to coor- dinate and direct Federal and State government activities in the event of a spill, to minimize damages, and to contain and remove the pollutant. When a reported spill is within the jurisdiction of the federal agency, responsibility for direct- ing federal operations lies with the On-Scene Coordinator (OSC), a federal official predesignated by the Coast Guard or the EPA. The On-Scene Coordinator, with the advice and concur- rencr of the Regional Response Team, a group of specialists representinf federal and state advisory agencies, directs and acceptable procedures. On particulary large or sensitive spillls Strike Teams are dcalled to provide communications ] support, assistance, and experise in ship salvage, diving and removable techniques. The major law authorizing state response to oil spills in New Jesey is the New Jersey Water Quality Improvement Act of 1971 (N.J.S.A.) 58: 10-23 et. seq.) This act declares it unlaw- ful to discharge petroleum products, debris, and other hazard- ous material into the waters of New Jersey, and it empowers the Department of Environmental Protection to deal with any unlawful discharge by enforcing prompt containment and removal of such substances. 3 The Office of Special Services, located in the Water Resources Division of the Department of Environmental Pro- tection, is responsible for conducting and coordinating state-wide programs for preventing, containing, and remov- ing spills of oil and hazardous materials as well as pro- viding specialized geological services to the Division. The Office is divided into three sections: Geological Services, Spill Prevention, and Spill Response. The Geo- logical Services Section provides the OSS with pertinent information on groundwater supplies and geological struc- tures, as well as with data on groundwater pollution, es- pecially in relation to sanitary landfill operations, land disposal of treated wastewaters and chemical dumping. The Spill Prevention Section reviews all environmental impact statements which involve any water supply systems, both surface and groundwater; reviews navigation permits and water quality certificates, especially when related to the petroleum and chemical industries; enforces industrial spill prevention programs; is involved with formulating spill con- tingency plans and legislation to increase the Office's capacity to react to spills; and conducts educational pro- grams throughout the state to help industries, local and county governments, and citizen groups to understand what must be done in the event of an oil spill. The Spill Response Section of the OSS responds to all reports of spills of oil or other hazardous materials. BY law, notification of any oil spills must be made to this Z57fice. During normal working hours, the number 77=1 is 7U9-_772-556O. The Office also responds via a 24-hour hotline (609-292-7172). If an oil spill occurs,, the Office of Special Services must be notified and given as much information as possible including the time and date of spill, the source or location, the type of product spilled and amount (if possible), the reason for spill (if known), and the likelihood of the spilled material entering a potable water supply. This information is recorded at the OSS and the spill is classified as major, medium, or minor, depending on the number of gallons spilled, the type of material, and the nature of the receiving waters. Its classification determines if a spill requires immediate on-scene attention from OSS personnel. The two most important elements in responding to an oil spill are containment and clean-up. If a spill requires imme- diate attention, the OSS sends personnel to the scene of the 4 spill to coordinate containment and clean-up activities, Since the OSS has no in-house equipment, containment and clean-up are by private contractor. A list of private con- tractors kept on file by the OSS is given to the party responsible for a spill. If that party refuses to engage a contractor to clean up a spill, the OSS is empowered to do so and charge for the costs. The state has access to five stockpiles of privately owned equipment which it may rent as needed and charge to the party responsible for the oil spill. If the source of a spill is unknown, the OSS contacts the appropriate federal agency and is issued a project num- ber which allocates the necessary monies for clean-up and restoration costs. The Federal Water Pollution Control Act of 1972 provides a system whereby a state affected by oil spill discharges may be reimbursed for the containment measures, for the removal of oil and hazardous substances from water and shoreline areas, both public and private, for monitoring activities, and for special treatment tech- niques to protect public water supplies and wildlife re- sources from damage. The state law which requires notification of an oil spill*also provides for penalities in the form of fines. The law provides for up to $3,000 per day fine for the failure to notify the Department, up to $6,000 per day fine for having the spill, and up to $1,000 per day for discharging into an actual or potential potable water sup- ply. The company or companies responsible for the spill are also liable, tip @.p 14 million dollars, for the cost of ciean-'@-up if the spill was accidental or up to the total cost,of clean-up if the spill was deliberate. This deter- mination is made by the State Pollution Investigator on the scene. Response to oil spills from local governments is grow- ing with increased knowledge about oil spill containment and clean-up measures. Municipal fire and police depart- ments have been instructed on correct oil spill contain- ment and clean-up procedures by the state Office of Spec- ial Services and.are therefore becoming more active with small local spills. In addition, municipalities are beginning to require preventative measures as part of their local ordinances. 'Civil Defense Units at the county level have compiled inventories of all available municipal,pol.ice, fire and private contractor equipment and services which can be brought to bear in emergency situations. These Units also provide emergency communications@services. Although spills can occur on three different types of surfaces - water, surfaced1and areas, and soil,- the re- covery procedures for spills on each are based on the same basic principle, that of containment and removal. .''If oil or a hazardous chemical is spilled onwater, and if it is an insoluble product, it may be contained by various mechanical devices such as floating booms, sorbent booms, filter fences, or air barriers; the appropriate device is selected according to weather and current condi- tions. These devices serve to enclose the spilled mate- rial within a manageable area. Once oil is contained, it must be removed. -Insoluble oil is most commonly removed by mechanical devices which utilize its:inability to mix with water. The oil floats on top of the water and can be removed by suction, by collection in a sump region, or by absorption into sorbent surface devices. Oil or hazardous materials which are water soluble products will mix with the water and there- fore cannot be contained or removed. When a spill has occurred on a surfaced land area, such as asphalt, and is confined to one area, the oil may be skimmed or vacuumed from the surface. If the oil is allowed to flow from the surface into a potable water sup- ply, the appropriate water company or treatment plant is notified and necessary measures are taken to combat the problem. If the oil enters a sewage treatment plant, the plant tries to contain the oil as it comes in. Vacuum trucks are most commonly used to remove the oil. When oil is spilled on soil, some of the material is absorbed by the soil particles and the remainder leaches to the groundwater where it floats on the water. The oil may be recovered if the groundwater table is high'and the material is an insoluble product. If the groundwater level is deep or the spilled material is water soluble, it--cannot be recovered and the aquifer is lost for use as a potable water supply. 6 It is important that all oil spills be reported and that the proper clean-up measures be taken. Oil should never be flushed into streams or sewers, but should be con- tained in one area and removed by absorbant materials or vacuuming. The state and federal oil spill programs follow this procedure and the county and local governments are now trained to do the same. With the increase of oil spills in New Jersey, a well-defined, multi-governmental response capacity is necessary. Federal and state operations are well developed in New Jersey, but they need the continuing assistance of everyone concerned. Given prompt reporting of spills and proper clean-up measures, oil spill damage can be greatly reduced. To Report An Oil Spillv CALL: 6oq@ 292-556o - Working.Days 09 292-7172 - 24-Hour Hotline New Jersey Spill Compensation and Control Act New Jersey has enacted a Spill Compensation and Control Act (c.141 L. 1976) to offer financial protection both in clean- up guarantees and in compensation for financial loss. The major features of the new law, are as follows: 1. It prohibits the discharge of hazardous substances including but not limited to oil on both the land and waters of the State. It covers spills and discharges anywhere in New Jersey including those which affect groundwater supplies and also protects the state from damage generated outside the state but which affects New Jersey's land and waters. 2. A $25 million fund financed by a 1@/barrel tax on the transfer of hazardous substances from major facilities will be used to compensate damaged parties. 3. Dischargers are strictly liable for cleanup costs without limit. 4. Private individuals and municipalities and the resort industry are entitled to payment from the fund for a wide range of damages, including restoration or replacement of personal property, loss of tax,revenue for up to one yearl and loss or impairment of earning capacity. 5. When appropriated by the Legislature, money from the fund may be used to finance research and demonstration projects concerning all types of ocean pollution. 6. Persons violating the act are liable for a penalty of $25,000 for each offense. Finally, the bill reserves to the Commissioner of Environmental Protection the right to determine towhat degree legislation enacted by the federal government in this area provides the needed protection for citizens of the State and to make appropriate recommendations to the legislature to amend the state law in the event federal laws are enacted which may preempt the state law. SELECTED BIBLIOGRAPHY Anon. "Facts About Oil Spills and Spills of Hazardous Materials", Office of.Special Services, Division of Water Quality, Department of Environmental Protec- tion, Trenton, New Jersey. Bardin, David J. Testimony before the Joint Hearing of the New Jersey Legislature's Senate Energy and Environmental Committee and the Assembly Agricul- tural and Environmental Committee, June 2, 1976. BDM Corporation. Final Report: A Study of New Use Demands on the Coastal Zone and Offshore Areas of New Jersey '9 IdDelaware, Appendix VI Oil Spill Ri_qK Assessment. Vienna, Virginia: BDM Corporation, December,1975. Caruso, Lorraine and Sheldon, Theodore. New Jersey Oil Spills: Reaction and Responsibility (unpublished), Marine Sciences Center, Rutgers University, 1975. New Jersey Water Quality Improvement Act of 1971, N.J.S.A. 58:10-23-1. Water Pollution Control Act of 1972, P. L. 92-500. C,OASTA,I.- ZOILIE DATE DUE GAYLORDINo. 2333 PRINTED IN U.S.A. 3 6668 14106 788