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Chapter 251, Acts of 2004, "An Act Relative to Oil Spill Prevention and Response in Buzzards Bay and Other Harbors and Bays of the Commonwealth" (the "Oil Spill Act" or "Act"), was signed into law by Governor Romney on August 4, 2004. The Act went into effect immediately as an emergency law. An electronic version of the Act is found at http://mass.gov/legis/laws/seslaw04/sl040251.htm. The Act was amended by Chapter 268 of the Acts of 2008 and Chapter 101 of the Acts of 2009.
This fact sheet has been prepared by the Massachusetts Department of Environmental Protection (MassDEP) to provide guidance on the status of the Massachusetts Oil Spill Prevention Act (MOSPA), M.G.L. c. 21M, ss. 1, 4, 6, 9, and its regulations, 314 CMR 19.00, in light of the U.S. Court of Appeals for the First Circuit's decision to lift the injunction that had prevented MassDEP from implementing and enforcing MOSPA's manning (M.G.L. c. 21M, s. 4) and Tugboat Escort (M.G.L. c. 21M, s. 6) requirements in Buzzards Bay.
This fact sheet also provides guidance on how the lifting of the injunction effects MOSPA's voluntary 24-hour advance notice, State-funded Pilot, and State-provided Tugboat Escort programs (M.G.L. c. 21M, s. 9).
As of July 12, 2011, MOSPA's manning and Tugboat Escort requirements are back in effect.
This fact sheet provides guidance on the requirements in the Massachusetts Oil Spill Prevention Act (MOSPA), M.G.L. c. 21M, ss. 1, 6, and its regulations, 314 CMR 19.00, that govern Tugboat Escort services in certain Massachusetts waters, including Buzzards Bay.
On July 12, 2011, the U.S. Court of Appeals for the First Circuit lifted an injunction, which had prevented Massachusetts from implementing and enforcing MOSPA's Tugboat Escort requirements for tank vessels operating in Buzzards Bay. As a result, the Massachusetts Tugboat Escort requirements described in the Fact Sheet (below) are in effect as of July 12, 2011.
Section 8 of the new Chapter 21M requires the establishment of an "Oil Spill Prevention and Response Trust Fund" (the "Fund"), to be administered by DEP, and directs the Commissioner of DEP to set a "Uniform Oil Spill Response and Prevention Fee", as described in the Fact Sheet (below).
As of April, 2010, the fee is set at 5 cents/gallon.
For vessels in or entering Massachusetts waters for the purpose of transporting, discharging or receiving a cargo of oil, hazardous material, or hazardous waste, you need to: