USCG OSRO Emergency Marine Spill Response Agreement
OPA 90 Facility Response Plan (FRP) Coverage & Clean Water Act Statutory Responder Immunity
USCG OSRO / OPA 90
1. USCG Classified OSRO Readiness & OPA 90 Facility Response Plan
Contractor maintains active classification as a United States Coast Guard (USCG) Oil Spill Removal Organization (OSRO) under 33 CFR Part 154/155. Contractor serves as the primary named response contractor for Customer’s marine terminal, bulk liquid storage facility, or vessel response plan (VRP/FRP).
2. Two-Hour Emergency Dispatch SLA & Equipment Mobilization
Upon receipt of verified spill notification from Customer or the National Response Center (NRC), Contractor shall dispatch dedicated spill containment vessels, rapid-deployment boom trailers, and HAZWOPER-certified response personnel within two (2) hours for Tier 1 facility incidents.
3. Clean Water Act § 311(c) Statutory Responder Immunity
Pursuant to Section 311(c)(4) of the Federal Water Pollution Control Act (Clean Water Act, 33 U.S.C. § 1321), Contractor and its personnel acting under the direction of the Federal On-Scene Coordinator (FOSC) or State Incident Commander shall not be liable for damages resulting from actions taken or omitted in rendering care, assistance, or advice consistent with the National Contingency Plan (NCP).
4. Recovered Petroleum Custody, Manifesting & TSDF Transfer
All skimmed oily water, emulsified sludge, and saturated sorbent booms recovered during response operations remain the legal property and generator responsibility of Customer. Contractor coordinates temporary floating bladder storage and transfers waste exclusively to licensed TSDF recycling facilities under Customer’s EPA generator ID.
5. Monthly Standby Retainers, Emergency Deployment & Rate Schedule
Customer pays agreed monthly standby retainers for maintaining dedicated Tier 1 readiness. Emergency mobilizations are invoiced per Contractor’s published Emergency Rate Schedule (hourly vessel rates, labor overtime, expendable sorbents, and waste handling surcharges). Payment terms are Net 30.
MARINE TERMINAL / VESSEL OPERATOR:
Authorized Signature & Date
USCG CLASSIFIED OSRO CONTRACTOR:
Authorized Signature & Date