1998 Year of the Ocean Perspectives on Marine Environmental Quality 



concentration contaminant levels in biota, sediments and the water column, diseases in fish and 

 shellfish, and changes in types and abundance of indicator species. 



Oil Pollution Act of 1990 (OP A) , 33 U.S.C. §§ 2701 et seg., inter alia 



OPA amends section 3 1 1 of the Federal Water Pollution Control Act (the Clean Water Act or 

 CWA), 33 U.S.C. 1321 et seq., to clarify federal response authority, increase penalties for spills, 

 establish U.S. Coast Guard response organizations, require tank vessel and facility response plans, 

 and provide for contingency planning in designated areas. OPA, however, does not preempt states' 

 rights to impose additional liability or other requirements with respect to the discharge of oil within 

 a state or to any removal activities in connection with such a discharge. 



OPA is a comprehensive statute designed to expand oil spill prevention, preparedness, and response 

 capabilifies of the federal government and industry. OPA establishes a new liability regime for oil 

 pollution incidents in the aquatic environment and provides the resources necessary for the removal 

 of discharged oil. OPA consolidates several existing oil spill response fiands into the Oil Spill 

 Liability Trust Fund (Trust Fund), resulting in a $1 -billion ftind to be used to respond to, and 

 provide compensation for damages caused by, discharges of oil. In addition, OPA provides new 

 requirements of response planning by both government and industry and establishes new 

 construction, manning, and licensing requirements for tank vessels. OPA also increases penalties 

 for regulatory noncompliance and broadens the response and enforcement authorities of the federal 

 government. 



Title I of OPA contains liability provisions governing oil spills modeled after the Comprehensive 

 Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601 et seq., 

 and section 31 1 of the CWA. Specifically, section 1002(a) of OPA provides that the responsible 

 party for a vessel or facility fi:om which oil is discharged, or which poses a substantial threat of a 

 discharge, is liable for: 



certain specified damages resulting from the discharged oil; and 



removal costs incurred in a manner consistent with the National Contingency Plan. 



The scope of damages for which there may be liability under section 1002 of OPA includes: 



natural resource damages, including the reasonable costs of assessing these damages; 



loss of subsistence use of natural resources; 



real or personal property damages; 



net loss of tax and other revenues; 



loss of profits or earning capacity; and 



net cost of additional public services provided during or after removal actions. 



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