Act on combating Oil Pollution on Land of 1974

Section 2 For the purposes of this Act, oil means crude oil and products derived from it, such as liquid fuels and lubricating oils, and oily mixtures, waste oil and oily wastes. For the purposes of this Act, oil pollution means the damage or harm that oil spilled on land or in water causes to man and nature by fouling, polluting and spoiling soil, water, plant and animal life, equipment or constructions. Separate provisions will be enacted on combating oil pollution from ships.

Section 3 Whosoever discovers or learns that an oil spill has occurred is obliged to notify the police or the fire brigade thereof without delay and, if possible, also to notify the party in whose possession or under whose management the oil is.

Section 4 The party in whose possession or under whose manage- ment oil has caused pollution or threat of pollution is required to take such response action to combat the pollution as can be reasonably expected of him in the circumstances and to notify the police or the fire brigade of the pollution or threat of pollution without delay. Anyone who keeps or stores 100,000 litres or more of oil at one and the same storage site is required to acquire equipment and materials to combat oil pollution, as prescribed in more detail by decree, and to see to it that he has competent 22 personnel available to operate said equipment. r J

Section 5 Section 7 The Ministry of the Environment is responsible for the When an oil spill has occurred or is impending, the oil supreme management and supervision of combating measures pollution combating authorities must immediately instigate the to prevent oil pollution as referred to in this Act. The National necessary oil-combating measures, unless the costs or damage Board of Waters and the Environment shall regulate and caused by these measures are obviously disproportionate to the supervise the general establishment and development of oil financial and other values jeopardized by the oil spill. pollution preparedness and response. The regional water and Oil-combating measures must be carried out so as not to environment district shall regulate and supervise organization make it unnecessarily difficult to restore nature and the of the oil combating laid down as the charge of the local environment to the state that prevailed before the oil spill. authority and the oil storage owner and, as necessary, partici- Those participating in oil-combating work are entitled to pate in the actual combating work. (205/87) receive compensation from the Oil Pollution Compensation Local authorities shall take the necessary measures to Fund for the costs they incur as a result of the oil-combating combat oil pollution within their areas. Local authorities shall measures referred to above in paragraph I, as provided in the have an oil-combating plan approved by the local council, and Act on the Oil Pollution Compensation Fund. (740/85) shall appoint an official body to be responsible for organizing and managing the oil-combating measures referred to in this Act within the local authority's area. After approval by the Section 8 local council, the oil-combating plan must be submitted to the water and environment district office for ratification. The If the oil pollution or the threat of its spreading is so water and environment district office must especially ensure great that the personnel or equipment at the disposal of the oil that the oil-combating equipment is necessary and appropriate pollution combating authorities are not sufficient to prevent or and that training of personnel has been arranged to meet the check the pollution effectively, the local oil pollution combat- requirements of the circumstances, while avoiding unnecessary ing authorities, or, when the oil-combating equipment or costs. personnel of another local authority are used, the relevant After gaining the consent of the water and environment water and environment district office, have the right to order district office, a local authority may agree on fulfilment of the anyone who has oil-combating equipment or materials, or duty referred to above in paragraph 2 in cooperation with personnel familiar with their use, to place these at the disposal neighbouring municipalities or with the storers of oil referred of the authorities. When necessary, the water and environment to in section 4, paragraph 2. district office can also assume direction of the oil-combating Local authorities shall be entitled to compensation from measures and appoint an operational commander. the Oil Pollution Compensation Fund for costs incurred in To prevent oil pollution, the competent authorities have acquiring equipment specified in the ratified oil-combating the right to requisition the necessary communications and plan, for maintaining the necessary combat readiness and for transportation units and machinery and equipment. The training combat personnel, as provided in the Act on the Oil competent authorities may order other parties to dig earth, lift Pollution Compensation Fund (379/74). The local authority gravel, sand or soil, block ditches and take any other measures may be granted full compensation for the acquisition of necessary. oil-combating equipment totalling over FIM 500,000 only if Anyone who has given assistance or suffered damage the Oil Pollution Compensation Fund board of management because of the measures referred to in paragraph 2 is entitled to has approved the acquisition in advance. ( 1289/89) receive compensation from the Oil Pollution Compensation Fund, as provided in the Act on the Oil Pollution Compensa- tion Fund. (740/85)

Section 6 The competent oil pollution combating authorities, as Section 9 referred to in this Act, comprise the State and the local authorities referred to above in section 5, the person leading Anyone who deliberately or through gross negligence the local oil-combating personnel in response operations and causes an oil spill shall be sentenced to a fine or to not more the operational commander designated by the water and than two years imprisonment, unless more severe punishment environment district office. is provided for elsewhere in law. Other authorities are required to provide the oil pollution Anyone who otherwise violates this Act or the regula- combating authorities with executive assistance in the matters tions issued under it or defaults on the duties set forth for him referred to in this Act. The Council of State may issue more in or under this Act shall be sentenced to a fine if the violation detailed instructions on the procedures to be observed in or default is not a minor one. requesting and providing executive assistance. 23 ,.:, _)

Section 10 More detailed regulations on the enforcement.of this Act will be laid down by decree.

Section 11 This Act comes into force on January I, 1975. Provisions on entry into force of amendments to the law: I. Act 21.1.1983/90 came into force on July I, 1983. 2. Act 6.9.1985/740 came into force on November I, 1985. 3. Act 20.2.1987/205 came into force on March I, 1987. 4. Act 22.12.1989/1289 comes into force on January I, 1990, but the provision in section 5, paragraph 4, on advance approval for the acquisition of oil-combating equipment costing over FIM 500,000 is applicable only if the local authority has placed the order for such equipment after this Act comes into force. 24