Md. Code Regs. 26.10.01.22 - Requirements for Tank Vessels
A.
Response Plan.
(1) An owner and an operator
of a tank vessel shall comply with the requirements of §A(2)-(4) of this
regulation.
(2) An owner and an
operator of a tank vessel required to have an approved response plan under 33
CFR Part 155, Subpart D may not operate the tank vessel in the State unless the
owner and the operator of the tank vessel and the tank vessel are in full
compliance with federal requirements for a response plan.
(3) An owner and an operator of a tank vessel
shall include in a response plan, at a minimum:
(a) Training elements;
(b) Oil spill, release, or discharge
contingency elements;
(c) Removal
equipment elements; and
(d) All of
the elements required to be included in a response plan under 33 CFR Part 155,
Subpart D.
(4) An owner
and an operator of a tank vessel shall make an approved response plan available
for review by a representative of the Department upon request.
B. Detection and Control of Oil
Spills, Releases, and Discharges.
(1)
All-weather Escort Tank Vessel.
(a) The
requirements of §B(1) and (2) of this regulation do not apply to a public
vessel.
(b) An owner and an
operator of a tank vessel shall ensure that a tank vessel transporting oil in
the State is accompanied by an allweather escort vessel.
(c) The crew on an escort vessel shall
continuously check for any evidence of an oil spill, release, or discharge from
the escorted tank vessel.
(d) A
vessel supplying propulsion to the tank vessel does not fulfill the requirement
for an all-weather escort vessel.
(2) Alternative Monitoring. In lieu of
meeting the escort vessel requirement under §B(1) of this regulation, an owner
and an operator of a tank vessel may:
(a)
Equip the tank vessel with a cargo level monitoring system;
(b) Ensure the tank vessel's double hulls are
designed in compliance with 33 CFR §
157.10(d); or
(c) Have a Department approved plan prepared
by the owner and the operator of the tank vessel that provides for visual or
another method of inspection of load lines or draft markings for the tank
vessel that will determine the existence of an oil spill, release, or discharge
from the tank vessel.
(3) Cargo Level Monitoring System. An owner
and an operator of a tank vessel shall:
(a)
Maintain the cargo level monitoring system of the tank vessel in full working
order; and
(b) Correct a
malfunction of equipment before getting the tank vessel underway.
C. Inspection
Requirements.
(1) The requirements of this
section do not apply to a public vessel.
(2) An owner and an operator of a tank vessel
transporting oil in the State shall inspect the tank vessel in accordance with
46 U.S.C. Subtitle II, Part B and 46 CFR Part 2.
(3) The Department may require an owner and
an operator of a tank vessel to perform additional inspections if the
Department has reason to believe the tank vessel has been damaged or
responsible for one or more spills, releases, or discharges due to structural
damage.
(4) An owner and an
operator of a tank vessel shall display a certificate of inspection issued
under 46 U.S.C. Subtitle II, Part B and 46 CFR Part 2 in a conspicuous place on
the tank vessel.
Notes
Regulations .22 repealed effective February 4, 1991 (18:2 Md. R. 151)
Regulations .22 recodified effective January 1, 1996 (22:26 Md. R. 2031); Regulation .22 adopted effective December 28, 1987 (14:26 Md. R. 2743)
Regulations .22 repealed effective February 4, 1991 (18:2 Md. R. 151)
Regulations .22 recodified effective January 1, 1996 (22:26 Md. R. 2031); adopted effective 49:12 Md. R. 642, eff.
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