Proposed Superfund legislation provides for both and such international 

 programs as the Civil Liability Convention, Tanker Owner's Voluntary Agreement 

 concerning Liability for Oil Pollution (TOVALOP), Contract Regarding an 

 Interim Supplement to Tanker Liability for Oil Pollution (CRISTAL), and the 

 Fund Convention provide for the third party damages. 



Two factors emerge: 



1. Cleanup response and economic and environmental damage are 

 highly interrelated. Effective cleanup indicates low damage; 

 poor cleanup indicates high damage. 



2. Someone will have to determine and defend the assessment for 

 each of the three costs. 



As a result, documentation not only of cost but also of response method and 

 qualitative and quantitative damage caused by the spilled material and by its 

 cleanup will be essential. 



I happen to think this is good. Over the last few years I have been in 

 a position to view on occasion United States and foreign response programs. 

 I see the following limitations in the United States program: 



1. There are nine generally good Federal Regional Oil and Hazardous 

 Substances Pollution Contingency Plans, but only a few well- 

 designed, site-specific contingency plans. 



2. Some good responses have occurred but also some very, very 

 poor ones have happened. 



3. A useful selection of specialized tools has been put together 

 but a limited inventory is available. 



4. There has been a definite lack of public documentation of spill 

 responses and impact. 



5. An emerging group of qualified people has been developed, but 



it is eroded continually by the transfer of industry and govern- 

 ment personnel since spill control is not a viable career path. 



6. Many watchers and turf defenders are at the spill site but not 

 enough technical "doers" are there. 



THE EFFECT 



This new era will require a more efficient planned response. If under 

 the proposed Superfund legislation a spiller is to be charged cleanup costs, 

 third party damage costs, and environmental costs, he is going to demand proof 

 that the charges are correct and not inflated because of improper response, 



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