Pollution Liability


Pollution Liability :

Contamination of the water, land or air from oil, oil products, hazardous chemicals or effluent. In additional to legislation in individual states, private and Federal Government responses to pollution concerns include the following: (1) TOVALOP: 1968 (Tanker Owners' Voluntary Agreement Concerning Liability for Oil Pollution). An agreement subscribed by most of the world's tanker operators whereby they agree to reimburse governments for pollution clean‑up costs in the event of an oil spill. Each member insures its potential liability under the agreement. (2) CRISTAL - (The Contract Regarding an Interim Supplement to the Tanker Liability for Oil Pollution 1971). A voluntary fund contributed by oil cargo owners to satisfy damages suffered by governments and individuals from an oil spill. The fund will pay a maximum of $135 million. Participation in TOVALOP is a prerequisite for coverage under Cristal. (3) FWPCA - (Federal Water Pollution Prevention and Control Act). The original federal law enacted in 1948 to address marine pollution, was extensively revised in 1972 and 1977 and became commonly known as the Clean Water Act. (4) CERCLA - (Comprehensive Environmental Response, Compensation and Liability Act of 1980). Applies to the discharge of hazardous substances such as chemical waste, solid waste, garbage, biological materials, heat, discarded equipment and industrial waste, in addition to petroleum. (5) OPA 90 - (Oil Pollution Act of 1990). A federal law supplementing the Federal Water Pollution Prevention and Control Act (FWPCA) in the wake of the Exxon Valdez disaster setting stringent liabilities and criminal and civil penalties for pollution in U.S. waters. (6) OPRC - (The Oil Pollution Preparedness Response and Cooperation Convention) was adopted by IMO (International Maritime Organization of the United Nations) in 1990 as a cooperative agreement between signatory nations to establish pre-positioned pollution response equipment and cooperate with equipment and manpower in the event of an oil spill

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