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The Oil Pollution Act of 1990
OPA 90
OPA90 was brought about through the oil spill
of the Exxon Valdez, (Reported approx 40,000
MT but may approx 90k-110k MT) as a way to
take preventative measures in the future.
OPA90 Regulation
* Make the tanker company liable to
unlimited liability for damage caused by
spills.
* Impose a phase out on single hull tankers
plying U.S. waters."
* Any tanker which has caused a spill of more than 1 million
US gallons (3800 m3) in any marine area was barred to
operate in Prince William Sound. Till date 18 ships have been
barred.
Tankers could also be exposed to
* Unlimited liability if an oil spill resulting from gross
negligence.
* Willful misconduct.
* Violation of safety regulations, if the spill is not
reported.
* If the spiller does not cooperate with the cleanup.
* The law require that tankers show
evidence of their financial responsibility
A tanker must then maintain enough
insurance to cover any liability claims
or
Damages for cleanup necessary if an
accident was to occur.
This insurance can be in the form of
* A surety bond
* Guarantee
* Qualification as a self-insureror.
If above proved the tanker will receive
Certificate of Financial Responsibility (COFR)
from USCG.
This enables the tanker to enter U.S. waters.
Damages due to oil spill that would be covered by the
responsible party include:
* Natural resource damage.
* Real or personal property damage.
* Revenues lost due to spill.
* Profits and earning capacity - recoverable by an
claimant.
* Public service additional for protection against fire.
* Safety or health hazards.
Defenses include:
* Act of God
* Act of War
* Act or omission of a third party
* And in some cases the gross negligence or willful
misconduct of a third party
Smaller companies cannot afford the insurance
required in U.S. waters, and are either choose
to operate elsewhere or not at all.
OPA90 will not only help the environment, but
also force the companies to take more
responsibility for the risks involved in the
industry
Results
Protect the taxpayer from the possible ill
effects of pollution.
OPA 90.ppt
OPA 90.ppt
OPA 90.ppt
OPA 90.ppt

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OPA 90.ppt

  • 1. The Oil Pollution Act of 1990 OPA 90
  • 2. OPA90 was brought about through the oil spill of the Exxon Valdez, (Reported approx 40,000 MT but may approx 90k-110k MT) as a way to take preventative measures in the future. OPA90 Regulation * Make the tanker company liable to unlimited liability for damage caused by spills. * Impose a phase out on single hull tankers plying U.S. waters." * Any tanker which has caused a spill of more than 1 million US gallons (3800 m3) in any marine area was barred to operate in Prince William Sound. Till date 18 ships have been barred.
  • 3. Tankers could also be exposed to * Unlimited liability if an oil spill resulting from gross negligence. * Willful misconduct. * Violation of safety regulations, if the spill is not reported. * If the spiller does not cooperate with the cleanup.
  • 4. * The law require that tankers show evidence of their financial responsibility A tanker must then maintain enough insurance to cover any liability claims or Damages for cleanup necessary if an accident was to occur.
  • 5. This insurance can be in the form of * A surety bond * Guarantee * Qualification as a self-insureror. If above proved the tanker will receive Certificate of Financial Responsibility (COFR) from USCG. This enables the tanker to enter U.S. waters.
  • 6. Damages due to oil spill that would be covered by the responsible party include: * Natural resource damage. * Real or personal property damage. * Revenues lost due to spill. * Profits and earning capacity - recoverable by an claimant. * Public service additional for protection against fire. * Safety or health hazards.
  • 7. Defenses include: * Act of God * Act of War * Act or omission of a third party * And in some cases the gross negligence or willful misconduct of a third party
  • 8. Smaller companies cannot afford the insurance required in U.S. waters, and are either choose to operate elsewhere or not at all. OPA90 will not only help the environment, but also force the companies to take more responsibility for the risks involved in the industry Results Protect the taxpayer from the possible ill effects of pollution.