Spill Prevention Control and Countermeasures Plan (SPCC) requirements for Construction Activities

All parties associated with construction projects that store (or spill) oil can be held liable if the SPCC requirements are not met. Therefore, the owner, developer, contractor, and other parties as applicable should determine up front who will:

• Decide if SPCC requirements apply by calculating the total oil storage capacity on the site and then determining whether an oil spill could reach navigable waters or adjoining shorelines of the United States (It is recommended that you use a Professional Engineer to decide if the requirements apply.);

• Develop the SPCC plan, which should include the following: procedures the site will use to prevent oil spills; control measures the site will install to prevent oil from entering navigable waters or adjoining shorelines; and countermeasures the site will use to contain, clean up, and mitigate the effects of an oil spill; and

• Meet the Spill Prevention, Control and Countermeasure  plan requirements.

If no party complies with the SPCC regulations, all parties can be found liable for violating federal law. If oil is brought on site for construction, the contractor or subcontractor is also responsible for meeting any SPCC requirements. If a spill occurs (regardless of the source), all parties need to make sure that the spill is properly reported and handled.

If you are the responsible party to an oil spill, you may be required to pay for any damages and cleanup costs resulting from that oil spill. Third parties also may be held responsible for damages and removal costs if the responsible party shows that the spill resulted from an incident caused solely by an act or omission by a third party. Administrative penalties can reach $157,500 and civil penalties imposed in a judicial proceeding can reach $32,500 per violation per day, or $1,100 per barrel of oil spilled if the oil reaches waters of the United States or adjoining shorelines.

The fine for failing to notify the appropriate federal agency of an oil spill can reach a maximum of $250,000 for an individual or $500,000 for an organization. The maximum prison term is five years. The criminal penalties for violations have a maximum fine of $250,000 and 15 years in prison.

The SPCC regulation is implemented at the federal level; however, states and localities may also have oil programs through which they may impose additional penalties (including unlimited liability), funding mechanisms, requirements for removal actions, and fines and penalties for responsible parties.

The SPCC regulations require the owners and operators of facilities to prepare and implement spill prevention plans to avoid oil spills into navigable waters or adjoining shorelines of the United States. Your plan must identify operating procedures in place and control measures installed to prevent oil spills, and countermeasures to contain, clean up, or mitigate the effects of any oil spills that occur. The plan must be updated as conditions change at your construction site.

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If a spill occurs, you must follow the spill response procedures outlined in your Spill Prevention, Control and Countermeasure plan. These procedures should include identifying the spilled material, restricting the flow of any remaining material within the original container, confining the spill area with absorbent materials or dikes, beginning remediation and decontamination of the affected areas, and notifying all of the appropriate parties.

EPA must be notified of any spills over 1,000 gallons or of any two spills over 42 gallons within a 12month period. Additionally, the site should add a copy of the report with oil spill details to the SPCC Plan documentation for any reportable oil spills. The oil spill details should include correction actions taken, cause of discharge, and additional preventive measures taken. For information on the SPCC requirements, visit our www.questepa.com.