Subchapter 2-A: OIL DISCHARGE PREVENTION AND POLLUTION CONTROL
§545. Operation without license prohibited
No person shall operate or cause to be operated an oil terminal facility as defined
in this subchapter without a license. [1969, c. 572, §1 (NEW).]
1.Expiration of license.
Licenses are issued upon application and are for a period of not less than 12 months
to expire no later than 60 months after the date of issuance. The department may issue
a temporary license for a shorter period of time if it finds that the applicant has
substantially complied but has failed to comply with one or more provisions of existing
rules. Licenses are issued subject to such terms and conditions determined by the
department as necessary to carry out the purposes of this subchapter.
1993, c. 355, §9 (AMD)
2.Renewal of licenses.
As a condition precedent to the issuance or renewal of a license the department
shall require satisfactory evidence that the applicant has or is in the process of
implementing state and federal plans and rules and regulations for control of pollution
related to oil and the abatement thereof when a discharge occurs.
1989, c. 890, Pt. A, §40 (AFF);
1989, c. 890, Pt. B, §111 (AMD)
The Legislature finds and declares that the likelihood of significant damage to
marine, estuarine and terrestrial environment, due to spills of oil, petroleum products
and their by-products by the following classes of persons, is remote due to the limited
nature of their operations and the small quantities stored, and accordingly exempts
the same from the licensing requirements imposed by this section:
A. Persons engaged in the business of servicing the fuel requirements of pleasure craft,
fishing boats and other commercial vessels, where the purchaser and the consumer are
the same entity and the serviced vessel is 200 feet or less in overall length. [1993, c. 355, §10 (AMD).]
1993, c. 355, §10 (AMD)
4.Certain vessels included.
Licenses issued to any fixed or permanent oil terminal facility must include vessels
under the direction or control of such facility and used to transport oil, between
such fixed or permanent facility and vessels within state waters. Any person operating
or causing to be operated a vessel used to transport oil between a permanent or fixed
oil terminal facility and vessels within state waters, which vessel is not subject
to the direction or control of that permanent oil terminal facility, shall obtain
a license as required by this section. This subsection does not apply to vessels
engaged in oil spill response activities.
1991, c. 698, §5 (AMD)
1969, c. 572, §1 (NEW).
1971, c. 618, §12 (AMD).
1977, c. 375, §§6,7 (AMD).
1989, c. 890, §§A40,B110, 111 (AMD).
1991, c. 698, §5 (AMD).
1993, c. 355, §§9,10 (AMD).
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