ࡱ> ac`@ 1bjbj.. 3FDD(@ @ @ P ` ` ` t t t t 8  4t bB"        -# `'`A$CREB`   B` `   B `  `  ` `  pJ%2t 2B0bB F F t t ` ` ` ` F`  *  8 D X   BB Chapter 680 TANKER ANCHORAGE RULES SUMMARY: These rules provide that the Board has to be satisfied that the long term anchoring of tankers in fb88 waters must be safe, environmentally sound and not interfere with existing uses before a tanker will be allowed to anchor for the sole purpose of staying over for a period of time. Exemptions to the permit requirements are allowed for routine activities and emergency storage in the event of shortage of product. Application procedures and information needed to support an application are outlined in detail. 1. General. The Board of Environmental Protection, in regards to the lay-up of idled tankers and tank vessels, has determined that long term lay-ups of these vessels in fb88 waters may be permitted when the applicant has proven to the satisfaction of the Board that the proposed lay-up is: A. Safe in all respects as determined by the Board of Environmental Protection. B. Environmentally sound as determined by the Board of Environmental Protection. C. That the location of the lay-up shall not unduly interfere with or obstruct navigable waters, traditionally harvested fishing grounds, or aesthetic and recreational uses of waters of the State. 2. Definition. Anchorage -As applied to these regulations the word "anchorage" means the mooring for a period of definite or indefinite duration of a vessel designed or used to carry oil, which is not waiting for a scheduled loading or unloading of cargo in fb88 waters, but shall not include the mooring of a vessel for bunkering, maintenance, repair or overhaul, or in connection with or as a part of sea trials. 3. Exemptions A. Certain routine activities. Those vessels at anchorage awaiting assignment following a regularly scheduled unloading operation shall be exempt from obtaining a permit from the Board of Environmental Protection for the long term storage of tank vessels in State of fb88 waters if the vessel remains fully crewed during the entire anchorage period that the vessel is awaiting assignment and if the vessel has no oil on board other than that necessary for its own use. B. Emergency storage. The Board may exempt specific vessels from the permit requirements after it has been determined by the Governor through the Office of Energy Resources as provided for under the State Emergency Plan from the Office of Energy Resources, that an actual or impending petroleum product shortage is imminent for fb88. This exemption contemplates the possible use of tank vessels in times of emergency to temporarily increase the storage capacity for the State when supplies are short. 4. Application. Any person desiring to have a vessel on long term anchorage (exceeding 7 days) in fb88 waters shall file an application with the Department of Environmental Protection, Bureau of Hazardous Materials and Solid Waste Control; the Bureau shall relay the application to the Board of Environmental Protection. The application shall contain: A. the identity of the applicant; B. name of the vessel or vessels desiring anchorage; C. flag of registry; D. the size and type of the vessel including: length, beam, draft and deadweight tonnage; E. a brief description of the propulsion and generating machinery on board the vessel along with a crew list that indicates the number of men and their qualifications that are normally required on board the vessel that ensure proper operation during periods when the vessel is being used for routine transportation and transfer of oil; F. age of the vessel and place it was built; G. owner of the vessel or vessels; H. agent or local representative for the vessel; and I. a complete contingency plan for the proposed area. The applicant must also cause public notice of the application along with a brief summary to be published in a paper of general circulation in the vicinity of the proposed activity and provide other information to the public that the board may require. This brief summary shall include but not be limited to: the size of the vessels, the proposed period of lay-up and the location of the lay-up using local terms and local landmarks to describe the proposed location. The board shall, within thirty (30) days of receipt of such application, issue a license or deny a license giving the reasons therefore or order a public hearing thereon. Any applicant denied a license without a hearing may request in writing, within thirty (30) days after notice of denial, a hearing before the board. Such request shall set forth in detail the findings to which the applicant objects, the basis of such objection and the nature of the problem requested. Notice of the time and place of any hearing shall be given to the applicant and the public within ten (10) days of the hearing. The board shall attempt to coordinate all hearings and other matters pertaining to vessel lay-up with the United States Coast Guard whenever possible in an attempt to avoid unnecessary duplication for the applicant. 5. Requirements. The Board of Environmental Protection requires that the applicant submit in writing, along with the application, a comprehensive proposal for the lay-up of tankers or tank vessels singly or in nests. This proposal will identify the party responsible for the vessel or vessels in lay-up. This proposal shall include plans for safe and pollution-free lay-up. The plans shall include, but not be limited to: A. The specific location, duration, and type of anchorage. B. Provisions assuring that the cargo tanks, adjacent cofferdams, ballast tanks, pumping rooms, cargo piping systems, and cargo venting arrangements are thoroughly clean, gas-free, and will be maintained gas-free. Initial gas-free certification shall be made by a licensed marine chemist. Thereafter, gas-free status shall be checked weekly by a licensed marine chemist until condition is stabilized, after which intervals may be lengthened. C. Evidence of financial responsibility required by the Federal Water Pollution Control Act, and evidence of suitable liability insurance for each vessel. D. Specifications, reviewed and approved by a marine surveyor qualified in the class of vessel, as to size and scope of chain, number and size of anchors to be used dependent on freeboard, depth of water, type of bottom holding ground and extreme climatic tidal and current conditions in the area. In areas of doubtful holding ground, a statement of a geologist based on test borings may be required. A minimum of 5 feet under-keel clearance must be assured at extreme low tides. Vessels over 30,000 DWT shall be anchored or moored both fore and aft. E. If the laid up vessel is to be moored to a waterfront facility, certification by a qualified marine surveyor that the facility and all dolphins and other shoreside mooring fittings, and the number, size, arrangement, and condition of mooring lines are safe and capable of holding the vessel secure, taking into account freeboard, draft and extreme climatic tidal and current conditions in the area. F. The systems and precautions necessary for safety on each vessel, including:. (1) contingency plans for heavy weather; (2) contingency plans for fire fighting; (3) contingency plans for tug boats; (4) contingency plans for emergency evacuation of crews; (5) plans for safe fendering; and (6) assurance that prescribed navigation lights and shapes will be displayed at appropriate times. G. The number of men that will be assigned to the vessels during the lay-up period. This listing shall indicate the names of the men, the qualifications of the assigned men and the availability of the men. The Board must be notified if there are any changes to this list of men at any time during the entire lay-up period. The applicant must designate one man as the pollution control coordinator who will be responsible for the on-going environmental requirements during the lay-up period. H. A detailed plan for the disposal of solid waste. I. A detailed sewage disposal plan. J. Provisions to permanently maintain standard and emergency communications between shore and the vessels in a lay-up condition. K. A current Deratization Certificate. If no live, aboard ship-keeping crew is planned, the applicant must prove to the Board that this is an adequate way to ensure safe lay-up. If no live, aboard ship-keeping crew is required by the Board the applicant must demonstrate plans to conduct periodic visits by people determined by the Board to be competent to assure safety and compliance with State law. The applicant shall notify the Board of Environmental Protection of changes in flag or registry or change of ownership of the laid up vessels. Before approval of a proposed lay-up, the Board may elect to hold a public hearing. Approval of a lay-up shall be deemed a granting of permission for employees of the Department of Environmental Protection to make periodic inspections of the vessel or vessels to assure that the applicant is in compliance with the terms of the permit during the entire lay-up period. 6. Time Limits. The policy of the Board of Environmental Protection is that the storage of tankers or tank vessels in fb88 waters is an emergency or temporary situation, therefore the board shall place strict time limits on any approved lay-up. A. Terms of Permit (1) The board shall issue a permit for a period not to exceed three (3) months. (2) This three month period may be renewed five (5) additional times after the initial permit for a maximum total of eighteen (18) months after which the vessel must leave the waters of the State of fb88. 7. Variances. The board may authorize a variance to any of the aforementioned regulations upon request by the applicant and after the board has made a determination that the regulation is impractical to his proposed lay-up. Any variances voted by the board shall become a part of the permit. AUTHORITY: 38 MRSA, Section 560 EFFECTIVE DATE: January 16, 1976 EFFECTIVE DATE (ELECTRONIC CONVERSION): May 4, 1996 BASIS STATEMENT: Persons who wish to anchor tankers for the purpose of laying up tankers need to know the standard they need to satisfy as well as the procedures that need to be followed to obtain a permit. These rules make applicants aware of the process by which the applications will be evaluated and of their rights and obligations.  As licensed by the National Fire Protection Association.  A person employed by the American Bureau of Shipping (ABS) as a marine surveyor. 06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION Chapter 680: Tanker Anchorage Rules - page 5 - 06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION #$1 3 @ W X Z bcqrIJaCDUruKM=>@z|8:  ""####%%!%''C'E'h'j'''+++|,},,,-jh5 hV90JU hV95hV9CJaJhV9Y#$1 2 3 W X bcqrIJCD!"0I11qrJKYZ=>!>yz78!"#### $$7$8$]$^$$$$$%% ''B'C'g' g'h'''(())**f*g*++|,},,,,,--.....// !---..P/Q/a/c/v/0000000H1I1w1y11111111111ŹűűjhV9UjhV9OJQJUhV9OJQJhV9CJOJQJaJjh5 hV90JUhV9>*CJaJhV9 hV95hV9CJaJ/P/Q/b/c/v/w/0000H1I1w1x1y1z11111111 $$dNa$$a$ )$^`a$$a$$a$111 )$^`a$1 000PPP/ =!"#$%*P@P Normal'CJOJQJ^J_HkHmH sH tH uL@L Heading 15>*CJOJQJ^JkHJ@J Heading 2x5CJOJQJ^JkH:@: Heading 3^h5CJ:@: Heading 4^h>*CJ6@6 Heading 5^56@6 Heading 6^>*6@6 Heading 7^66@6 Heading 8^66 @6 Heading 9 ^6DA@D Default Paragraph FontRi@R  Table Normal4 l4a (k@(No List>*@> 5 Endnote ReferenceH*@&@@ 5 Footnote ReferenceH*6@6 TOC 1 $ CJ4 @"4 Footer  !4@24 Header  !6@6 Footnote Text:@: Normal Indent^\Ob\ Rules: Authority & Effec a$^`CJPOrP Rules: Basis Statementa$CJXOX Rules: Chapter Title a$^p`5CJTOT Rules: Sub-Paragraph a$^`CJDOD Rules: Footer texta$FOF Rules: Header a$^p`CJPOP Rules: Sub-section a$^`CJHOH Rules: Sub2-division^ ROR Rules: Sub-division a$^p`CJJOJ Rules: Division a$^`CJLOL Rules: Paragraph a$^8`CJHOH Rules: Section !a$^h`CJDO"D Rules: Summary "a$^pCJVO2V Rules: Note (section) #a$^`0CJFO1BF Rules: Note (sub )$^8jORj Rules: Table of Contents%a$ $ ^h`dCJNOAbN Rules: Note (paragraph)&^LOarL Rules: Note (sub-para)'^LOqL Rules: Note (division)(^pJOJ Rules: Note (sub-div))^ );)F00f-1 >g'/11!"1Y_a!4T))>*urn:schemas-microsoft-com:office:smarttags PersonName (I)))5 V9(I))@LOCALLPT1:winspoolHP LaserJet 2420 PCL 5eLOCAL odXXLetterDINU"4Pq!>/PIUPH dLetter [none] [none]Arial4Pd?DON.WISMER<Automatic> di j.k k m m WINWORD.EXEC:\Program Files\Microsoft Office\Office10\WINWORD.EXELOCAL odXXLetterDINU"4Pq!>/PIUPH dLetter [none] [none]Arial4Pd?DON.WISMER<Automatic> di j.k k m m WINWORD.EXEC:\Program Files\Microsoft Office\Office10\WINWORD.EXEHH)p@UnknownGz Times New Roman5Symbol3& z Arial3Times7Tms Rmn" Vh 뻆 뻆&#J&#J"Vxx4))3VH(?5 F:\BOHMC\RULES.DOT"Chapter 680 TANKER ANCHORAGE RULES Jim Dusch don.wismerOh+'0 $0 L X dpx#Chapter 680 TANKER ANCHORAGE RULESrhap Jim Dusch0 im im  RULES.DOT0  don.wismer 2n.Microsoft Word 10.0@@v2@v2&#՜.+,0  hp|   eJ)O #Chapter 680 TANKER ANCHORAGE RULES Title  !"#%&'()*+-./0123456789:;<=>?@ABCDEFGHIJKLMNOQRSTUVWYZ[\]^_bRoot Entry FP'%2dData $1Table,FWordDocument3FSummaryInformation(PDocumentSummaryInformation8XCompObjj  FMicrosoft Word Document MSWordDocWord.Document.89q