(Note from Sinalevi: The National Contingency Plan of Costa Rica for Dealing with Hydrocarbon Spills at Sea (PNC), was provided by the Legal Advisory Office of the Directorate of Navigation and Security of the Ministry of Public Works and Transport and is transcribed below:)
COSTA RICA NATIONAL CONTINGENCY PLAN OF COSTA RICA FOR DEALING WITH HYDROCARBON SPILLS AT SEA (PNC) Prepared by the Inter-institutional Commission for the Prevention, Control, and Combat of Marine Pollution by Hydrocarbons based on the Guidelines for the Development of Contingency Plans of the ARPEL Environmental Program Phase 3, Arpel Environmental Guide No. 39-2005.
2017 TABLE OF CONTENTS Organization Responsible for the Plan Updates and Revisions Plan Distribution List Glossary of Terms Definitions General Index List of Appendices Development of the PNC Organization Responsible for the Plan The responsibility for the development, updating, and revision, as well as for the amendments to this Plan, lies with the Inter-institutional Commission for the Prevention, Control, and Combat of Marine Pollution by Hydrocarbons (CND), established pursuant to Executive Decree No. 34747-MOPT. The CND is an inter-institutional technical group with operational and advisory powers at the national level that responds to an environmental emergency.
This Plan must be subjected to an annual review by the CND or whenever changes are made in the officially established agencies and/or personnel, information that will be inserted in the respective Appendices. Furthermore, for the review of the Plan, the latest experiences from real incidents, field drills, and other simulation exercises will also be taken into account, in order to consider any change in risks and threats, as well as changes in technology.
No revision to the Plan can be made unless it is done through the CND, which will ensure that the modified Plan is distributed to all those involved in it.
Updates and Revisions
| Updates and Revisions | | | | |
|---|
| Change number | Date | Description of Change | Page | Signature |
Plan Distribution List
| Agency/ Company | Location | Number of copies | Date |
|---|
| MOPT | | | |
| CIMAR | | | |
| SNG | | | |
| FP | | | |
| JAPDEVA | | | |
| INCOP | | | |
| RECOPE | | | |
| MINAE | | | |
| SVA | | | |
| CNE | | | |
| COCATRAM | | | |
| REMPEITC | | | |
| PNUMA | | | |
| Other Organizations | | | |
| Private Companies | | | |
| Members of the National Spill Commission | | | |
Glossary of Terms ARPEL Association of Oil, Gas, and Biofuels Sector Companies in Latin America and the Caribbean.
CARIBPOLREP Acronym in English for Caribbean Pollution Report.
CCA Acronym in English for Clean Caribbean and Americas, formerly Clean Caribbean Cooperative CCC.
CLC Acronym in English for Civil Liability Convention.
CND National Inter-institutional Commission for the Control and Combat of Marine Pollution by Hydrocarbon Spills.
CNE National Commission for Risk Prevention and Emergency Response.
CEE Commander on Scene.
CIMAR Center for Research in Marine Sciences and Limnology of the University of Costa Rica.
COE Emergency Operations Center.
COS Security Operations Center.
DIGECA Directorate of Environmental Quality Management of MINAE.
DNS Directorate of Navigation and Security of the DMP.
DMP Port Maritime Division of MOPT.
EIA Environmental Impact Study.
ETA Acronym in English for Estimated Time of Arrival.
FIDAC International Oil Pollution Damage Compensation Funds.
FP Public Force IA Environmental Impact.
ICT Costa Rican Tourism Institute.
INCOP Costa Rican Institute of Pacific Ports.
JAPDEVA Administrative and Economic Development Board of the Atlantic Slope.
MARPOL Acronym in English for the International Convention for the Prevention of Pollution from Ships.
MINAE Ministry of Environment and Energy.
MINSA Ministry of Health.
MOPT Ministry of Public Works and Transport.
MSP Ministry of Public Security.
MSRC Acronym in English for the Marine Spill Response Corporation.
ODA Acronym in English for Overseas Development Administration.
ODP Acronym in English for Office of Disaster Preparedness.
OFDA Acronym in English for Office of Foreign Disaster Assistance, Office for Foreign Disaster Assistance of the United States of America.
OMI International Maritime Organization.
OPIP Port Facility Protection Officer, pursuant to the International Code for the Security of Ships and Port Facilities.
OPRC Acronym for Caribbean Island Oil Pollution Preparedness Response and Cooperation.
OSSC Acronym in English for Oil Spill Service Centre.
PAH Acronym in English for Polynuclear Aromatic Hydrocarbon.
PNC National Contingency Plan for Dealing with Hydrocarbon Spills at Sea.
POLREP Acronym in English for Pollution Report.
PVC Acronym in English for Polyvinyl Chloride.
RECOPE Costa Rican Oil Refinery.
REMPEITC Acronym in English for Regional Marine Pollution Emergency Information and Training Centre.
SCI Incident Command System.
SCUBA Acronym in English for Self-Contained Underwater Breathing Apparatus.
SITREPS Acronym in English for Situation Reports.
SNG National Coast Guard Service.
SPC Caldera Port Company.
SVA Air Surveillance System.
UNEP Acronym in English for United Nations Environmental Program.
VHF Acronym in English for Very High Frequency.
VOC Acronym in English for Volatile Organic Compound.
ZEE Exclusive Economic Zone.
Definitions Barrel or bbls: Barrel of crude/petroleum equivalent to 159 liters.
Dispersants: Specially formulated agents sprayed in low dosages on oil slicks to aid their natural mixing and biodegradation in surface waters.
Flash Point: The lowest temperature of a liquid at which its vapors form a flammable mixture with air.
Hydrocarbons: is understood as petroleum in all its manifestations, including crude oil, fueloil (fueloil), sludge, oil residues, and refined products.
National Port Facilities: Those officially recognized by the Government of Costa Rica, where both national and international vessels are received, and which comply with the provisions of Executive Decree No. 28869-MOPT.
Territorial Sea: See Part II The Territorial Sea and the Contiguous Zone of the United Nations Convention on the Law of the Sea.
In-situ Burning: It is a controlled burning of the spilled hydrocarbon, oily products, and oily waste at the spill site. For near-shore spills, controlled burning of floating hydrocarbons can occur with or without fire-resistant booms.
Tier 1 Spills: Accidental discharges that occur at or near a port facility as a result of routine operations. Their impacts are minor, and locally available resources are used to reduce their threat [0 to 100 barrels (bbls) (< 16 m3)].
Tier 2 Spills: Medium-sized spills that occur in the vicinity of a port facility as a result of a non-routine event. Their impacts on the marine environment are significant, and external or regional support is required to address them adequately. [100 to 5000 barrels (bbls). (16 m3 to 795 m3)].
Tier 3 Spills: Large spills that occur either near or far from port facilities as a result of a non-routine activity or event, requiring substantial external collaboration in terms of equipment and advice from international experts. The participation of agencies specialized in hydrocarbon spills as well as international cooperatives is required. Their consequences are clearly perceived. [Over 5000 barrels (bbls). (> 795 m3)].
Viscosity: It is a measure of resistance to flow. Hydrocarbons with high viscosity flow with difficulty, while those with low viscosity are highly mobile. For example, gasoline has a lower viscosity than diesel.
Contiguous Zone: Read what is stated in article 33 of the United Nations Convention on the Law of the Sea, Law No. 7291, Gaceta No. 134 of 07/15/1992, Scope No. 10.
Exclusive Economic Zone: Read what is stated in Part V on the Exclusive Economic Zone, Article 55 on the Specific Legal Regime of the Exclusive Economic Zone, of the United Nations Convention on the Law of the Sea, Law No. 7291, Gaceta No. 134 of 07/15/1992, Scope No. 10.
GENERAL INDEX 1. PREFACE 1.1. Introduction 1.2. Purpose and objective 1.3. Scope 1.4. Declaration of authority 2. ADMINISTRATION OF THE RESPONSE 2.1. Lead Agency 2.1.1 Response Administration Organization Chart 2.2. Functions and responsibilities 2.3. Response Organization 2.4. Operations Center 2.5. Support Organizations and Companies 2.6. Agreements between organizations 3. POLICIES AND PREPARATION 3.1. National policy 3.2. Local and facility plans 3.2.1 Local Plans and vessels 3.3. Risk evaluation (evaluación del riesgo) 3.4. Training and exercises 3.5. Use of dispersants 3.6. In-situ burning 3.7. Illegal discharges 3.8. Intervention 4. RESPONSE 4.1. Alert systems 4.2. Spill evaluation and monitoring 4.3. Decision to initiate cleanup operations 4.4. Cleanup and disposal of recovered hydrocarbon 4.5. Restoration of affected areas 4.6. Management of external resources 4.7. Technical advice and resources from abroad 4.8. Public relations 4.9. Health and industrial safety 4.10. Marine fauna rescue 5. REPORTS, COMMUNICATIONS, LEGAL AND FINANCIAL ASPECTS 5.1. Notification systems 5.2. Notification of vessels 5.3. Notification of the Flag State 5.4. Communications 5.5. Compensation and Indemnification 5.6. Preparation of reports and filing of claims 5.7. Post-incident reports 6. APPENDICES LIST OF APPENDICES* (*)The gathering of information and preparation of the appendices described in the list above shall be prepared and compiled by the CND, and updated according to the conditions described below, and must also be available on the website of the Ministry of Public Works and Transport and of those institutions involved in the response process to a hydrocarbon spill as developed.
Appendix A - Contact list.
Appendix B - Initial hydrocarbon spill notification report format.
Appendix C - International notification procedures (including CARIBPOLREP report format).
Appendix D - Response organization.
Appendix E - Command Equipment.
Appendix F - Support organizations and their functions.
Appendix G - Plan organization chart.
Appendix H - Decision diagram and Alert Sequence.
Appendix I - Incident Command Post.
Appendix J - Public Relations.
Appendix K - Hydrocarbon spill response resources available locally.
Appendix L - External sources of specialized equipment and personnel.
Appendix M - External sources of expert advice.
Appendix N - Spill response and cleanup strategies.
Appendix O - Communication instructions.
Appendix P - Dispersant Use Policy.
Appendix Q - In-situ Burning Policy.
Appendix R - Sensitive areas.
Appendix S - Risk evaluation (evaluación del riesgo).
Appendix T - Training and exercises.
Appendix U - Equipment deployment areas.
Appendix V - Cross-border movements of equipment and personnel.
Appendix W - Financial procedures for the movement of personnel and equipment.
Appendix X - Conventions, agreements, and laws.
Appendix Y - Preparation of local and facility plans.
Appendix Z - Unit conversions and slick calculation.
1.0 PREFACE 1.1 Introduction The growth of maritime traffic in the territorial waters of Costa Rica, especially of vessels dedicated to the transport of hydrocarbons and hazardous substances that pollute the marine environment, allows for the preliminary assumption that the possibilities of irreversible accidents, or those repairable at a very high cost, affecting sensitive resources—both physical, biological, and human—are increasing, and the conditions under which an incident of this nature could occur make it potentially unpredictable in terms of damages.
Likewise, international experience contained in the literature on the matter indicates that minimizing the consequences of marine environment pollution incidents caused by accidents involving vessels, naval artifacts, oil exploration and exploitation platforms, transfer buoys, and submerged pipelines requires rapid and efficient responses, in order to achieve the least possible impact on the aforementioned resources.
These responses to combat hydrocarbon spills at sea are intended to be achieved through the National Contingency Plan for Dealing with Hydrocarbon Spills at Sea (PNC), which is duly structured to integrate the human and material resources of State agencies, those corresponding to private companies linked to this issue, and also establishes the means to obtain international assistance from both countries and companies specialized in the subject.
In the case of the "Response Organization" of the Costa Rican National Contingency Plan, the way in which a tiered or TIER response is carried out is described in detail in section No. 2.3.1.
The International Maritime Organization has issued conventions, codes, guidelines, and recommendations pertaining to the prevention of marine pollution, both regarding routine operational discharges from vessels and accidental spills from oil tankers and chemical tankers. Those originating from oil activities are the ones linked to this document, in particular the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC 90), which was based on the experiences gathered from the maritime disaster of the tanker "Exxon Valdez" that occurred in Alaska in March 1989.
The OPRC 90 establishes, among others, three guiding criteria that can be summarized as follows:
. The need for all coastal States to have a Contingency Plan that establishes organizational systems, human resources, logistical and financial aspects to deal with the crisis generated by a large-scale hydrocarbon spill; . The advisability that the Contingency Plan establishes the leadership of a national authority over the different agencies that will intervene in the event of a spill, allowing for rapid and efficient decision-making; and . The possibility of obtaining international cooperation, both at the level of experts in combating pollution and equipment for spill control, to deal with major disasters.
This PNC is focused on these three criteria and constitutes a tool of great value for the protection of human life, the marine environment, the coasts of Costa Rica, and the country's natural resources that could be at risk in the event of a hydrocarbon spill, including effects on other nearby countries.
As of the date of preparation of this PNC, Costa Rica is a signatory to the three International Conventions highlighted in the following table, which will allow limited access to resources to strengthen the response process to a hydrocarbon spill at sea, as well as the assignment of certain obligations that the country, as a signatory, must strive to fulfill:
| Convention/ Agreement | Signature / Ratification |
|---|
| International Convention on Civil Liability for Oil Pollution Damage (CLC 69-76) | CLC 69, 76, Approved in 1996, Law No. 7627 |
| Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region and its Protocol Concerning Co-operation in Combating Oil Spills in the Wider Caribbean Region | Signed in 1991, Law No. 7227 |
| Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention) | Signed in 1974, Law No. 5566 |
Finally, emphasis must be placed on the fact that this PNC does not exempt authorities or organizations in any way from their operational and environmental responsibilities within each zone of their jurisdiction, but on the contrary, seeks the use of available resources in a coordinated and effective manner in defense of the country's marine environment, promoting development in the matter of prevention and immediate response to this type of event.
1.2. Purpose and Objective.
The purpose of this PNC is to define, channel, and coordinate the responsibilities for the operational response to maritime emergencies that could result in spills of hydrocarbons into the marine environment and potentially cause damage to Costa Rica, its inhabitants, its territorial waters, its coasts, and marine life.
The procedures aim to establish and ensure local, national, and regional cooperation in relation to planning, prevention, control, and cleanup in the event of emergencies of this type.
Finally, this PNC integrates and supports the local plans that national port facilities must develop. Among these facilities are those administered by the State, port facilities granted in concession, and private facilities, as well as and above all, the RECOPE Oil Terminal located in Moin. A local plan must also be developed for the fuel transfer that RECOPE has announced it will locate in the Pacific to unload tankers using a multi-buoy system and submarine pipelines in the Gulf of Nicoya.
The CND may recommend the drafting and implementation of a Local Plan in other coastal areas considered strategic points in relation to vessel movement, conservation areas, an exhortation that will be promoted before the relevant local authority or organization.
1.3. Scope This PNC is effective for the Territorial Sea, the Contiguous Zone, and the Exclusive Economic Zone of Costa Rica, both in the Pacific Ocean and in the Caribbean Sea. Its focus regarding response administration will also be effective for spills of hydrocarbons or other harmful petroleum products in any aquatic environment of the country's interior, once the corresponding adaptations are made.
To ensure a timely and effective response to a spill or threat of a spill of petroleum hydrocarbons in the seas of Costa Rica, this PNC:
- a)Establishes notification, alert, and evaluation systems for a petroleum hydrocarbon spill.
- b)Identifies the chain of command and related responsibilities, including the competent national authority and the national response organization for a petroleum hydrocarbon spill.
- c)Establishes an incident reporting or notification procedure related to a petroleum hydrocarbon spill.
- d)Identifies the spill size that can be handled at the national level.
- e)Identifies the high-risk areas for probable sources of petroleum hydrocarbon spills.
- f)Identifies the environmentally sensitive coastal areas, the vulnerable resources at risk, and the protection priorities in the event of a petroleum hydrocarbon spill, with current resources as well as the need to develop updated coastal sensitivity maps using new technologies.
- g)Identifies the equipment for combating petroleum hydrocarbon spills, the logistical support facilities, and the communication capabilities available in Costa Rica.
- h)Identifies external sources of expert advice and equipment and establishes the procedures for calling upon them, as well as for their rapid entry into and exit from Costa Rica.
- i)Explains the problems to be faced in a petroleum hydrocarbon spill and the techniques for providing an appropriate response.
- j)Establishes the need to opportunely identify facilities for the storage of recovered petroleum hydrocarbons, as well as the methods of elimination.
- k)Establishes the need to adopt a policy for the application of dispersants and identifies the dispersants that can be used.
- l)Establishes the need to adopt policies on the technique of burning petroleum hydrocarbons in situ.
This PNC is applicable in the event of hydrocarbon spills at sea originating from all activities involving the handling of such substances and carried out by vessels, naval artifacts, oil exploitation platforms, ports, port facilities for hydrocarbon handling, oil terminals, single-point mooring buoys (monoboyas) or multi-buoy moorings, and coastal oil pipelines, in all navigable maritime waters of the Nation that serve national and international transit and commerce, and in any other environment of the country's interior.
1.4. Declaration of Authority.
This PNC has been developed by the Inter-institutional Commission for the Prevention, Control, and Combat of Marine Pollution by Hydrocarbons (commission created by executive decree No. 34747-MOPT, published on September 24, 2008), with the assistance and coordination of the Port Maritime Division of MOPT, which is the Lead Agency in the event of hydrocarbon spills at sea.
The entry into force of the PNC is linked, though not conditioned, to other documents related to the subject, such as the Local Contingency Plans for Ports, Local Contingency Plans for Companies that Handle Hydrocarbons, the contracting for the Spill Response Service through a company specialized in hydrocarbon spills at sea, the Standards for the Approval of Chemical Products and the Standards for the Use of Chemical Products (dispersants, agglutinants, and absorbents), as well as the preparation, updating, or improvements of the Annexes listed from "A" to Z, which are constituted as a supplement to this PNC for decision-making, and which, due to their characteristics and the information contained, must be flexible and modifiable documents.
2.0 ADMINISTRATION OF THE RESPONSE AND ITS ORGANIZATION CHART 2.1 Lead Agency The Lead Agency is the organization responsible for initiating the emergency response, organizing it, and executing it in accordance with the terms of this PNC, receiving information directly from the Lead Agencies of other States, as well as establishing the necessary communication between public institutions, private interests, and international authorities and companies, whose cooperation is essential for the success of any operation involving them, depending on the magnitude of the emergency.
The Lead Agency is the Port Maritime Division (DMP) of MOPT, which will have the assistance of a political level constituted by the heads of the state institutions included in the composition of the Inter-institutional Commission for Hydrocarbon Spills at Sea (CND) and others it deems necessary. The DMP will use, at a technical level, the advice provided by the technicians designated as participants in the CND, duly appointed by their heads, who are, according to Executive Decree No. 34747-MOPT, the following:
- a)The Director General of the Port Maritime Division of MOPT or his duly designated representative, who will preside over it.
- b)The President of the National Commission for Risk Prevention and Emergency Response (CNE) or his duly designated representative; c) The Executive President of the Costa Rican Oil Refinery (RECOPE) or his duly designated representative; d) The Executive President of the Port Administration and Economic Development Board of the Atlantic Slope (JAPDEVA) or his duly designated representative; e) The Executive President of the Costa Rican Institute of Pacific Ports, (INCOP) or his duly designated representative; f) The Director of the Hydrocarbons Directorate of the Ministry of Environment and Energy (MINAE) or his duly designated representative by the Minister;* g) The Director of the National Coast Guard Service of the Ministry of Public Security or his duly designated representative by the Minister; h) The Director of Air Surveillance of the Ministry of Public Security or his duly designated representative by the Minister; i) The Director of the Center for Research in Marine Sciences and Limnology (CIMAR), of the University of Costa Rica or his duly designated representative.
The CND may consider incorporating other persons, organizations, and institutions; among the institutions to be included, MINSA and ICT are cited as examples. The role of these persons and institutions in the CND is to coordinate with the DMP of the MOPT the response to the spill and its effects, but additionally, they will participate in planning, preparation, monitoring, and response operations.
The president of the CND may request the participation and contracting of an expert in this matter and may be advised on maritime matters by all specialized authorities on that subject available in the country at the time of a hydrocarbon spill emergency. The details of all relevant aspects of the CND personnel, with the addresses and telephone numbers of their offices, are included in Appendix A.
As support at the operational level, there will be an On-Scene Commander (CEE). In the case of Level 2 and 3 incidents, they will be designated by the DMP, and for Level 1 (TIER 1) incidents, the CEE must be defined in the respective local plan.
2.1.1 RESPONSE ADMINISTRATION ORGANIZATIONAL CHART The organizational chart shown below reflects the different levels of the Administration of the Response to Hydrocarbon Spills in the Sea. The different levels: political, technical, and operational, are clearly presented, as well as the different institutions incorporated at each of those levels.
In the case of the Political Level, it must be taken into account that the actions, or the majority of them, will require the superior support of the Institutional Heads, since in an exceptional situation, such as a Tier 2 or 3 spill, the use of available resources and the action of each institution will depend on the willingness to participate proactively in each of the reaction stages.
This level will facilitate access to expedited financing mechanisms for efficient and effective actions, for example, the issuance of an Emergency Decree (Decreto de Emergencia).
Subsequently, at the Technical Level, likewise, each of the institutions that have a leading role in decision-making and the execution of concrete actions require having a designated work team to coordinate, in an intermediate manner between the Political and Operational levels, so that resources and actions are generated in a timely manner. This work team must have the necessary and clear communication mechanisms to coordinate with the operational level team. They do not necessarily need to be at the disaster or incident site, but rather can carry out all the work from the COE.
Finally, at the Operational Level, all those persons who directly coordinate response operations are located, in contact with all those persons and equipment at the incident site. This is led by the MOPT.
Functions and Responsibilities.
2.2.1. On-Scene Commander (CEE) Has the general responsibility to oversee response operations at the operational level and must coordinate the team responding to a spill (including the specialists that are required).
. The CEE in the case of a Level 1 Incident will be designated in the respective local plan.
. The CEE in the case of a Regional Incident requiring national coordination, Level 2 (TIER 2), will be designated by the Director of the DNS of the DMP.
. The CEE for a National-scope Incident, Level 3 (TIER 3), will be designated by the Director of the DMP.
Obligations of the On-Scene Commander The CEE has the obligation to direct the manner in which response activities to a spill are carried out, ensuring at all times that operations are conducted safely for field personnel and managing the deployment of the required equipment. They must keep the Lead Agency (Agencia Líder) informed, in a timely manner, of the development of events in the emergency situation.
2.2.2. Deputy On-Scene Commander The Deputy On-Scene Commander collaborates with and advises the CEE on activities related to the spill, the procurement of equipment, and health and safety matters. The Deputy On-Scene Commander in the case of a Tier 2 or 3 spill will be the Chief of Operations of the CNE.
2.2.3. Safety Officer This officer, together with their assistants, maintains safety throughout the site affected by the petroleum hydrocarbon spill, both at sea and on land. They assist with the evacuation of persons who may be affected and with the reorganization or re-routing of maritime and land traffic. They maintain direct contact with the Deputy On-Scene Commander.
The Port Captain of Limón with the collaboration of the Port Facility Security Officer (OPIP) of JAPDEVA in the Caribbean, and the Port Captain of Puntarenas with the OPIPs, whether from the Puntarenas cruise ship dock administered by INCOP or from Puerto Caldera administered by SPC, are the Safety Officers in the Pacific, in the case of spills within port facilities.
The Safety Officer will be an officer of the SNG when the spill is located outside port facilities.
2.2.4. Information Officer Is the person responsible for gathering all information regarding the petroleum hydrocarbon spill, as well as disseminating announcements about the emergency status, upon prior coordination with the CEE and the Lead Agency (Agencia Líder). Among other things, they provide data relating to the cargo and its ownership, the shipowner and its characteristics, or the naval artifact involved. The Press Liaison of the CNE is designated for this function, assisted by personnel from the DMP of the MOPT designated for that purpose.
2.2.5. Operations Officer Is the person who supervises the administration of Transportation, Storage, Management and Finance, and Technical Services (Engineering and Communications), maintaining permanent contact with the On-Scene Commander.
Designates and contracts the personnel who must carry out the collection of petroleum hydrocarbons, both at sea and on the coasts, and is responsible for cleaning beaches and urban furniture as a priority. Is responsible for distributing sufficient equipment and materials for the recovery of petroleum hydrocarbons on land or water. This officer and their assistants supervise access, site preparation, and the final disposal of collected materials. For hydrocarbon spills at sea, a Marine Cleanup Supervisor and a Coastal Cleanup Supervisor are needed.
Makes the necessary arrangements for obtaining the appropriate spill response equipment, including:
. Containment of the spilled hydrocarbon . Recovery of the spilled hydrocarbon . Final disposal of the spilled hydrocarbon that must and can be disposed of.
. Storage and control measures for recovered hydrocarbon that can be used.
The RECOPE official who is a member of the CND will designate, upon prior consultation with their superiors, the Operations Officer. The official selected as Operations Officer must have training and experience in this regard.
At all times, they will have the collaboration and support of the Maritime Port Division (División Marítimo Portuaria).
2.2.6. Planning and Industrial Safety Officer Coordinates with the On-Scene Commander and the officers designated in each of the areas, the following matters and established needs:
. Situation reports . Environmental control and risk management . Industrial safety . Communications . Training This officer also advises the On-Scene Commander on any special safety requirements and ensures that all work is directed in a safe manner and that all accidents are properly documented, including legal and financial aspects.
The communications mentioned in this section refer to the communications generated between the operational personnel and this officer; for this, it is expected to have the systems already installed at the CNE (at the COE) and at the SNG.
A technical advisor from the DNS of the CND is designated for this function, who will have the collaboration of the representative of Aerial Surveillance (Vigilancia Aérea) of the Ministry of Public Security (Ministerio de Seguridad Pública) who is a member of the CND.
2.2.7. Environment Officer Is the person who administers environmental matters, including confirming that the mandatory notification to the regulatory body has been made and that the necessary technical environmental experts are available. Controls the effectiveness of the spill response. Must anticipate the ecological impacts of the spilled hydrocarbon, seeks the rescue and recovery of fauna, with the support of specialized personnel designated by MINAE depending on the competencies and affected area, suggests cleaning methods, and monitors compliance with environmental standards.
The Environment Officer position will be held by an official of the Ministry of Environment and Energy (Ministerio de Ambiente y Energía) appointed by its minister for such purposes.
2.2.8. Liaison and Logistics Officer Coordinates and convenes the assistance of support organizations and facilitates and processes international assistance. Coordinates communications and the movements of equipment, personnel, and supplies in a large spill. Activates a Mobile Command Center and ensures its operational needs are met. Their tasks also include:
- a)Establishing access to the spill.
- b)Expediting the transfer of equipment.
- c)Coordinating all aspects of lodging.
- d)Coordinating all aspects of meals.
- e)Establishing evacuation routes.
- f)Coordinating in the field the procurement of equipment, equipment maintenance, field communications, and coordination of the general support required.
- g)Arranging technical and repair services.
This officer collaborates and coordinates with the Operations Officer but does not directly intervene in the execution of response actions.
The CNE representative on the CND is designated for this function.
2.2.9. Legal Officer and Finance Officer Legal Officer: Is the person who advises on insurance aspects at the national and international level and on the corresponding legal responsibilities. Furthermore, ensures that the sampling of contaminated marine water is carried out in accordance with the indications and specifications of the insurance companies, the economic compensation organizations, and the reference chemical, biological, and microbiological laboratories. Also ensures that photographic, video, and written documentation is obtained for all spill response activities. A legal advisor from the Directorate of Navigation and Safety (Dirección de Navegación y Seguridad) who participates in the CND is designated for this function.
Finance Officer: Is the person who facilitates available financial resources, arranges payments, and controls billing related to the spill response. Ensures cost accounting and cost recovery at the site, as well as the maintenance of a chronological record of events related to the spill control. Must comply with the requirements of the organizations for compensation of expenses from a petroleum hydrocarbon spill in the sea. The director of the Financial-Accounting Area of Resource Management of the CNE is designated for this function.
Both officers have a leading role in gathering the information required for future claims for compensation, and other types of demands of various kinds, for which they may resort to the formats recommended by the International Oil Pollution Compensation Funds (FIDAC).
2.3. Response Organization This PNC, together with the local plans that are admitted as part of it, covers all levels and is directly related to the potential cases and scenarios in which the country may be involved. The amount of equipment and personnel prepared and identified at each level will vary for each operation, depending on a series of factors such as risk, location, type of hydrocarbons, and threatened environmental or socio-economic sensitivities.
The responsibilities for the Response Organization and the Command Teams are briefly defined in Appendices D and E.
2.3.1 Tiered Response The type of response will be determined according to the dimensions indicated below, and once the local response capacity has been analyzed, in the following manner:
LEVEL ONE (TIER ONE): is an accidental discharge that occurs in or near a facility as a result of routine operations. The impacts are low and the capacity for response is obtained with local resources, through the guidelines of a Local Contingency Plan, so that at this level the PNC is not activated. It is determined as a spill where the maximum quantity is approximately from 0 to 100 bbls (< 16 m3).
LEVEL TWO (TIER TWO): are spills that occur in the vicinity of a facility as a result of a non-routine event. There may be significant impacts and external (regional) support may be required to provide an adequate response to the spill. The response capacity is obtained with resources from the country's region or from neighboring countries, through the guidelines of a Regional Contingency Plan. If this is not sufficient, it must move to the next level. At this level, the PNC may be activated if it is determined impossible to respond to the emergency with ordinary processes or local plans. It is determined as a spill where the maximum quantity is approximately 100 to 5000 bbls. (16 m3 to 795 m3).
LEVEL THREE (TIER THREE): are large spills that occur near or far from a facility as a result of a non-routine event and that require significant resources and cooperation support from Local and Regional Contingency Plans and international cooperation, duly coordinated by the guidelines of the National Contingency Plan, to mitigate effects that are perceived as wide-ranging, that is, of national or international importance. It is determined as a spill where the maximum quantity is approximately 5000 bbls or more (> 795 m3).
For a better application of the criteria detailed above, a chart is attached that combines the two factors that influence the classification given to a spill:
TIERED RESPONSE FOR SPILLS AT SEA
| Large Spill | LEVEL THREE | LEVEL THREE | LEVEL THREE |
|---|
| Medium Spill | LEVEL TWO | LEVEL TWO | LEVEL THREE |
| Small Spill | LEVEL ONE | LEVEL TWO | LEVEL TWO |
| Local* | Vicinity** | Remote*** |
|---|
| PROXIMITY OF OPERATIONS | | | |
*The spill develops within a port facility **The spill develops beyond a port facility, mainly where the response cannot be provided immediately, at a maximum distance of three nautical miles.
***The spill develops outside a port facility and the vicinity zone, more than 3 nautical miles away 2.3.2 Decision Diagram The process diagram for the PNC response is presented in Appendix H. The concrete actions are detailed from the moment a spill is known upon notification of an incident, up to the definition of the need to activate the National Contingency Plan for Hydrocarbon Spills in the Sea (Plan Nacional de Contingencia ante Derrame de Hidrocarburos en el Mar).
2.3.3 Response Stages The three stages of spill response are described in the diagram in Appendix H.
2.3.4 Incident Command Organizational Chart The Incident Command Organizational Chart is presented in Appendix G, detailing the intervening parties and their respective functions once the National Contingency Plan for Hydrocarbon Spills in the Sea is activated.
2.4 Operations Center The Operations Center (COE) of the CNE is a room for emergency response, becoming, in the case of a spill, the COE of the CND. It is physically located in the main building of the CNE situated in the district of Pavas, Central canton of San José, opposite the Tobías Bolaños Airport.
In the event that, due to special circumstances, the COE room in San José cannot be used, the following sites may be enabled as an operations center for organizing the response:
- Caribbean Coastal Zone: The offices of the Port Authority of Moín (MOPT) or the offices of the COS of JAPDEVA, in Puerto Limón.
- Pacific Coastal Zone: The INCOP Meeting Room, located in the central building of Puerto Caldera, which has access to the port area of the zone. Likewise, the meeting room of the OPIP of Puerto Caldera, located in the same building.
Appendix I contains additional information about the Operations Centers.
2.5 Support Organizations and Companies National and international support organizations and companies offer technical assistance and advice to the Lead Agency (Agencia Líder) in the areas of planning, emergency services, infrastructure, and social services.
All the support that international agencies and companies specialized in responding to this type of emergency can provide in terms of technical support and advice for the DMP is required. The assistance will be in fields such as planning, emergency services, social services, and infrastructure. Resources may also be provided by public institutions or oil companies and volunteer organizations, when this is possible.
The functions of the support organizations are briefly described in Appendix F.
3.0 Policies and Preparation 3.1 National Policy In the case of a Tier 2 or 3 hydrocarbon spill in a marine environment, the following scenarios are considered:
- a)It is likely that only a basic initial operation will be deployed by Costa Rica, requiring early support from the countries of the Caribbean and Central America, as well as from external global resources, such as cooperation from neighboring countries, volunteer countries, or private organizations. However, in the initial stages of any spill, the basic operation is monitoring and forecasting the trajectory of hydrocarbon residues, which the DMP, with support from the CNE, will carry out jointly with the DNS, the National Coast Guard Service (Servicio Nacional de Guardacostas), and the National Aerial Surveillance Service (Servicio Nacional de Vigilancia Aérea), taking into account its relationship with the country's maritime limits.
- b)Preparing and extending an intense effort of beach cleanup operations can quickly absorb the available national workforce, so that external reinforcements in terms of equipment and personnel could equally be required.
- c)In the event of a Tier 2 or 3 hydrocarbon spill, a substantial maritime logistics task must be required to organize cleanup efforts and the deployment of personnel and cleanup equipment.
- d)It is very possible that Costa Rica may only be capable of eliminating small quantities of recovered hydrocarbon waste and debris within its territory.
In a Tier 2 or 3 spill, it must be recognized that maritime operations will probably be limited and that the emphasis must be placed on coastal treatment operations. It must also be assumed that a limited response capacity is available from local resources and confidence might need to be placed in existing technical experts, equipment, and personnel deployed from outside the region. This plan recognizes this fact and ensures expedited and effective administration, control, and development of external aid, the details of which merit a separate study.
Small-quantity spills, resulting from minor accidents, will be managed with local resources when the hydrocarbon reaches shore. For example, we have cases of hydrocarbon contamination from illegal discharges that frequently reach the coastline in the form of tar balls, which are considered a minor threat and may be dealt with using national resources.
Due to the proximity of Nicaragua and Panama and in general due to the geographical conditions of Central America and its waters, a Tier 2 or 3 spill may also be considered a threat to another country, so a good working relationship must be developed to combat a spill among the authorities in the Central American territory, so that each existing Contingency Plan takes into account the plans of the other countries. In the interest of reducing the impacts of a major hydrocarbon spill, of TIER 2 or TIER 3 level, that may occur near territorial limits, a Rapid Response Agreement or Subregional Arrangement with equal access rights should be established with Costa Rica's neighboring countries, in accordance with Article No. 8 of the Protocol concerning cooperation in combating oil spills in the Wider Caribbean Region (Ley N° 7227 of 1991).
To facilitate this process of access to international cooperation, coupled with the competencies of the Ministry of Foreign Affairs (Ministerio de Relaciones Exteriores) and the National Emergency Commission (Comisión Nacional de Emergencias) in the matter, the tools and mechanisms provided by COCATRAM will be used.
3.2 Local and Facility Plans.
All enabled port facilities, terminals, and pipelines that transport or handle hydrocarbons must submit their respective local emergency plans to the DMP for approval. The local plans must be consistent and in accordance with the PNC, for which meetings of the interested parties in the approval of the local plans will be coordinated with the organizations responsible for contingency planning. In those meetings, the aim is to review compliance of the local plan provisions with the requirements established by the DMP.
For their approval, the local plans must:
1. Include a minimum level of personnel and equipment 2. Describe the activation of the company's response system 3. Offer a statement or a copy of the insurance certificates 4. Commit to carrying out a periodic spill drill and/or exercise to update and validate the Plan. This drill is a mandatory element for the validity of the Local Plan, which is, precisely, one year.
See Appendix Y, Preparation of local and facility plans.
3.2.1 Local Plans and Vessels Every oil tanker of 150 gross tonnage and above and every ship other than an oil tanker of 400 gross tonnage and above shall carry on board a shipboard oil pollution emergency plan approved by the Flag State. This plan may be required for verification by the competent Port Captain. The plan must be in accordance with the guidelines developed by the IMO and must include, at a minimum, the following information in the event of an oil pollution incident:
(a) notification procedure (b) list of authorities to contact (c) detailed description of the action to be taken immediately by persons on board to reduce or control the discharge of oil (d) procedures and point of contact on board for coordinating shipboard activities with national and local authorities regarding pollution combating 3.3 Risk Assessment Maritime traffic, especially oil tankers, large cruise lines, and cargo ships transiting coastal waters, represent a high risk of large-scale pollution, coming from collision, fire, explosion, and grounding. Vessels that discharge their bilges or carry out another form of illegal hydrocarbon discharge also cause pollution, to a lesser degree but also dangerous. Pipelines, refineries, and hydrocarbon handling facilities also constitute a threat to the country's marine environment and coastal environment.
The environmental and socio-economic risk scenarios that come from the normal operations of the oil industry and vessels in the country or in the vicinity of Costa Rica must be identified; MINAE will be responsible for identifying these environmental risk scenarios, and must have the cooperation of all institutions, organizations, and companies that could provide information to said process.
Costa Rica does not currently have a spill risk study; Appendix S has been reserved for the purpose of establishing a space to place this type of analysis in accordance with the main activities that may cause accidental discharges. See also Appendix R for the sensitive areas that would be most affected by the potential impacts of hydrocarbons.
3.4 Training and Exercises.
The personnel participating in the attention tasks of an environmental emergency must have approved, at a minimum, the courses established in the matter of the Incident Command System (Sistema de Comando de Incidentes, SCI) that the Fire Department (Benemérito Cuerpo de Bomberos) and OFDA regularly provide. It is also desirable that IMO level 1 and 2 courses be received by the personnel who participate in the combat brigades.
The CNE will arrange periodic exercises to ensure that the notification, alert, and communication systems function effectively and that the personnel assigned specific tasks by virtue of this plan are familiar with them.
Mobilization and deployment exercises for equipment, personnel, and material must be carried out to ensure availability and correct execution. In addition, training programs will be developed for coastal cleanup personnel and the Control and Command Teams. These exercises will be developed by the CND and will be financed by RECOPE and the port companies that have an approved local contingency plan.
An annual training led by the CND will be carried out, which will include various organizations in Costa Rica.
3.5 Use of Dispersants.
The criteria for the use of chemical dispersants are regulated by the provisions established in Appendix P. The Directorate for the Protection of the Human Environment (Dirección de Protección al Ambiente Humano) of the Ministry of Health (Ministerio de Salud) is the national entity responsible for approving the use of dispersants in maritime waters in Costa Rica in accordance with Articles No. 239, 240, 241, and 252 of the General Health Law (Ley General de Salud), unless there were special overriding considerations at the time of the spill. It should be noted, however, that for dispersants to be effective, they must be applied to the freshly spilled hydrocarbon to maximize the limit of its usage window, which is usually established within the next 24 to 48 hours after the spill has occurred.
Emphasis is placed on the fact that only dispersants with an approved and authorized license are permitted. As of 2010, only the dispersants mentioned in Appendix P have been approved. This does not include commercial detergents, which should never be applied.
3.6 In Situ Burning The criteria for in situ burning have not yet been established for Costa Rica. However, technical analysis is recommended for the application of the criteria established in Appendix Q. MINAE is responsible for the approval of in situ burning in Costa Rican waters in accordance with the criteria agreed for the Region, unless there are special considerations to the contrary at the time. It is worth noting, however, that for in situ burning to be safe and effective, it must be carried out on fresh hydrocarbon to maximize the limited window of opportunity for its use, often within 24-48 hours following the spill. Security matters related to fire and the smoke plume must also be considered. Burning should not take place very close to the coast, especially in populated areas.
It is further emphasized that only the use of authorized equipment composed of fire-resistant booms and igniters is permitted.
3.7 Illegal Discharges If an illegal discharge occurs within a port area of Costa Rica, the DMP of the MOPT must initiate administrative and judicial processes according to current national legislation. These actions consist of filing a complaint before the Administrative Environmental Tribunal (Tribunal Ambiental Administrativo) and the Ministry of Health (Ministerio de Salud), which are empowered by means of the Organic Environmental Law (Ley Orgánica del Ambiente) and the General Health Law (Ley General de Salud) to proceed respectively according to their competencies.
Furthermore, in the event that the illegal discharge originates from a foreign vessel while transiting the territorial waters (aguas territoriales) of Costa Rica, the CND, once the corresponding spill alert at sea has been produced, will advise the DMP, which will report the incident to the Flag State of the vessel in question, with the evidence and photographs required for a future investigation. The photographs and sample taking will be carried out by officials of the National Coast Guard Service (Servicio Nacional de Guardacostas), the National Aerial Surveillance Service (Servicio Nacional de Vigilancia Aérea), or by officials of the Port Authority (Capitanía de Puertos), with the cooperation of the aforementioned specialized police forces.
3.8 Intervention The DMP, through the DNS, will control all actions carried out by a damaged vessel, will carefully evaluate possible salvage agreements between the vessel's captain and any company specialized in salvage operations, and will be prepared at all times to intervene in accordance with the interests of the Government of Costa Rica. The DMP may, as the Lead Agency (Agencia Líder), issue instructions to the CNE, when:
(a) an accident has occurred with or on a vessel that may cause an emergency that cannot be controlled with the first response; (b) in the opinion of the CND, the hydrocarbon from the vessel, should a spill occur, will cause or could cause large-scale pollution to Costa Rica or in the waters of this country; (c) in the opinion of the CND, urgent actions are required to prevent or reduce hydrocarbon pollution or the risk thereof.
The guidelines regarding this matter shall refer to the vessel or its cargo and shall be issued preferably in writing. Once actions are taken, the Government of Costa Rica may arrange for other persons to act on its behalf.
4.0 Response 4.1 Alert Systems After receiving notification of the hydrocarbon spill, the Director General of the DMP jointly with the CNE shall activate the COE and the personnel designated as the CND, whose members must report to their duties once the level or TIER of the incident has been confirmed. In the event of a tier 2 or tier 3 spill requiring the attention and implementation of the PNC, the CND shall be the body that authorizes its activation, following the guidelines of the CNE EMERGENCY DECLARATION PROTOCOL. However, the CNE may act according to its own criteria and considerations, when for reasons of availability, the CND is not operational at the moment the emergency arises.
The CND, which has the overall responsibility of overseeing the implementation of the PNC, shall proceed to recommend making contacts with external agencies, such as the CCA and others as appropriate. The IMO Regional Consultants in Curaçao shall also be informed, through the means previously set forth in this PNC, as necessary in accordance with the OPRC Plan for the Wider Caribbean (CAOP), as well as the rest of the countries of the region for the eventual request for international aid.
Once the emergency situation has been confirmed, and the dimensions of the spill have been defined (tier 2 and tier 3), the Executive Branch must make the decision to issue an emergency decree to facilitate the handling of operations and cover the costs that might arise from them, should the initial structure and organization prove insufficient to provide a proper response to the incident.
4.2 Spill Assessment and Surveillance The National Spill Commission (Comisión Nacional de Derrames, CND) shall perform the initial confirmation using information obtained by aerial and surface vehicle observation, and an assessment of the threat to Costa Rica must be made by that same Advisory Group, which shall forward said report directly to the DMP of the MOPT and to the CNE. This confirmation must be carried out during daylight and under weather conditions that permit it. Maritime surveillance of the spill shall be carried out by the Coast Guard Directorate of the Ministry of Public Security, for which it shall follow the guidelines issued by the CND, and aerial surveillance shall be carried out by the Air Surveillance Directorate of the Ministry of Public Security, for which it shall likewise follow the CND's guidelines.
The DMP, the Lead Agency, must arrange what is necessary for the surveillance of the hydrocarbon slick and shall predict, through the CND, its probable movement using meteorological and hydrographic data.
If the assessment shows that another country could be threatened, the Costa Rican Port Maritime Division shall inform that country through the procedures established in this Plan, with the collaboration of the Operations and Planning Officers. As part of the daily routine in the surveillance that all aircraft pilots and vessel captains are responsible for carrying out, instructions shall be given to the Directorate General of Air Surveillance and to the Maritime-Port Authorities so that they proceed to make the respective reports of possible spill sightings at sea, which must be immediately transmitted to the DMP of the MOPT and to the CNE through the means and frequencies indicated in this PNC.
4.3 Decision to Initiate Cleanup Operations The spill response team shall meet under the leadership of the Port Maritime Division when convened. This team shall advise on the implementation of the National Plan and must also consider the following aspects for action by the CNE or the institution with the corresponding competence:
(a) The desirable possibility of hiring an external expert to advise on the cleanup of a spill and the related and necessary measures to deploy external resources within the territory; (b) the intention of obtaining external experts to offer advice on hydrocarbon spill cleanup and the related measures necessary to deploy external resources on and within the territory; (c) the possible prevention or reduction of the discharge of hydrocarbons at the source; (d) if marine or coastal resources are threatened, analyze and design a response at sea, with or without external assistance, and whether it is necessary to protect sensitive coastal areas by deploying booms; (e) if beaches have been affected, or are likely to be affected, determine cleanup priorities and define the corresponding direct resources; (f) mobilize personnel, equipment, and materials from internal sources and, if necessary, from external sources.
To assist in making these decisions regarding the actions and areas to protect with priority, Appendix R indicates the environmentally sensitive areas and the priority cleanup areas. Appendix K lists the resources available locally. It is anticipated that the equipment of the CCA and other subregional companies established mainly in Panama will be made available, on the basis that they will be returned as supplied.
Appendix L lists the external sources of specialized equipment.
Appendix M identifies the sources from which expert advice on response operations can be obtained, and Appendix N contains spill response and cleanup strategies.
4.4 Cleanup and Disposal of Recovered Hydrocarbon If the spill turns into tar balls that are deposited on the beaches, these shall be placed in plastic bags and deposited in a location approved by the Ministry of Health. The cleanup must be carried out primarily by workers provided by a contractor, where applicable, officials of RECOPE, the Ministry of Public Works and Transport, MINAE, and the volunteer team that has been trained from the local committees formed by the CNE. The collaboration of environmental volunteer groups is also a good option to consider.
If areas with tar are generated, they will require removal with the appropriate equipment available and supplied by RECOPE, MOPT, MINAE, or by contractors, and must be transported by them to the site previously selected by the Ministry of Health as the final deposit for the collected waste. Any hydrocarbon liquid collected must be placed in containers and suitably deposited. The place and manner in which this waste will be finally disposed of must be defined by the CND and with the approval of the Ministry of Health.
For the definition of the place and manner of waste disposal, the participation of the representative of the Ministry of Health designated for such purposes, who is listed in the respective appendix, shall be counted upon.
4.5 Restoration of Affected Areas Once cleanup operations are completed, it may be necessary to restore the affected areas. The degree of restoration as well as the necessary controls will be determined by MINAE in consultation with the support organizations.
Whenever necessary, the possibility of replacing contaminated beach sand, replanting mangroves, marsh and marine vegetation, and restocking aquaculture projects will be considered. In areas identified as having the greatest environmental sensitivity, the establishment of a monitoring program to determine the long-term effects on flora and fauna will be considered.
The gathering of information must be directed in such a way as to allow the necessary information to be available for the claims processes for compensation against the responsible party for the incident.
4.6 Adaptation to External Resources Given that Costa Rica currently has very little availability of equipment and trained personnel to handle a spill of considerable proportions, it is indispensable to have a minimum list of equipment and conditions that could be requested within the procedure for the requisition of external resources, which would be of great utility should a tier 2 or tier 3 spill occur. Equipment and conditions considered core and that need to be taken into account are indicated below:
(a) The aircraft most likely to be used are the C-130 Hercules and the Russian Ilyushin IL-76, which are the aircraft usually used by the CCA and other international cooperation organizations for the transfer of large quantities of specialized spill response equipment.
(b) Some of these aircraft will need airports in the Atlantic (Limón) and in the Pacific (Puntarenas, Golfito, Liberia) to land and unload, and all of them to refuel; (c) Availability and deployment of marine vehicles; (d) Facilities for docking at seaports, handling cargo, and, whenever necessary, for maritime transport.
(e) Corresponding formalities with Immigration, Health, and Customs authorities.
(f) Food, lodging, medical and public health services.
4.7 Technical Advice and Resources from Other Countries In the event that it is determined that the magnitude of a spill exceeds the possibilities of the Region's resources, and recognizing the need for a rapid deployment of reinforcements, it has been established that the Procedures of the Ministry of Foreign Affairs of the Republic for the Coordination of Humanitarian and Technical Assistance in Disaster Cases shall be applied. These procedures are described in the Procedures Manual to be followed by the authorities of the Ministry of Foreign Affairs and Worship, the National Emergency Commission, other State institutions, international organizations, and international cooperation agencies. The coordination shall be done through the Technical Advisory Committee for International Assistance (Comité Asesor Técnico de Asistencia Internacional, C.A.T.A.I.), which the CNE has established as responsible for coordinating everything related to international and national assistance in disaster cases. See Appendices V and W.
4.8 Public Relations Effective public relations are an integral part of any hydrocarbon spill response and cleanup operation. The MOPT and the CNE shall provide one or several experienced public relations officers to be in charge of disseminating pertinent information to the public and the media, to ensure that what is desired to be known has adequate and timely dissemination and that a good appreciation of the manner in which this incident is being managed is conveyed. As previously mentioned, the information officer is the person in charge of disseminating the information. The careful drafting of press bulletins must be consulted with the Port Maritime Division of the MOPT, which shall approve them for subsequent publication.
4.9 Health and Safety Health and safety aspects are of primary consideration during the response to an incident of this type and must be considered with greater care than under normal operating conditions of regular industry activities. For example, an operation to recover a hydrocarbon spilled in an aquatic environment involves operations in a boat where personnel could be potentially exposed to toxic and flammable hazards.
Safety and health standards and any other specific procedure related to those aspects must be established. This includes the need to identify information and procedures regarding:
. Toxicology.
. Explosion and fire risk and danger.
. Safety guidelines for operations.
. Personal protective equipment.
. Physical security at the site.
. Responsibilities regarding the industrial safety of personnel.
The CND, with the assistance of personnel from the Ministry of Health and from Occupational Health at RECOPE, shall provide the guidelines regarding industrial safety measures and the proper use of personal protective equipment for the different tasks in a response operation, equipment that is indicated in Appendix K. Contracted companies are expected to follow the safety and health requirements mandated in Costa Rica or their own requirements, if those are stricter than those of the country.
4.10 Marine Fauna Rescue When an oil spill occurs, there is a high probability that animal species such as birds, turtles, mammals, and others will be affected. This is why it is important to consider what to do in these cases; furthermore, the effectiveness of a spill response is often also measured by the success achieved in rescuing and rehabilitating the affected animals.
Due to the high marine biodiversity existing in our seas, it is necessary to have concrete actions directed toward the rescue of affected animals, in addition to the fact that this will attract the attention of the media and the international community in general.
The Ministry of Environment and Energy, through its competent department, has the responsibility of protecting wildlife against the potential impacts that may arise, in conjunction with relevant national and international organizations. The measures taken will vary according to the conditions under which the spill occurs.
The government will endeavor to have the necessary resources available for this purpose.
5.0 Reports, Communications, and Legal and Financial Aspects.
5.1. Notification Systems Upon notification of a hydrocarbon spill, the Port Maritime Division of the MOPT, which is the Lead Agency, and the National Emergency Commission (CNE), which are the initial contact points, shall agree to immediately notify the CND and the selected On-Scene Commander, who in turn shall alert the relevant support organizations. The format of an initial hydrocarbon spill notification report is contained in Appendix B. Appendix C contains the CARIBPOLREP report format, and a subsequent, more detailed report that can serve as a guide in report submission.
Notification is a mandatory requirement under Article 5 of the Protocol Concerning Cooperation in Combating Oil Spills in the Wider Caribbean Region, a protocol of the convention known as the Cartagena Convention (Law No. 7227 of 1991).
5.2 Reports from Vessels Ship Captains Captains or other persons in charge of the navigation of vessels must report without delay any sighting of hydrocarbon on the water's surface to the nearest coastal territory, as required by Article 5 of the Protocol Concerning Cooperation in Combating Oil Spills in the Wider Caribbean Region of the Convention for the Protection and Development of the Marine Environment in the Wider Caribbean Region, known as the Cartagena Convention (Law No. 7227). In the territorial waters of Costa Rica, it must be reported to the Port Maritime Division of the MOPT, or to the CNE, or to the telephone number 911, or to the Port Authority, or to the Port Captaincy.
Vessel Owners In the territorial waters of Costa Rica, any sighting of a hydrocarbon spill on the water's surface must be reported to any of the following bodies: Port Maritime Division of the MOPT, CNE, Port Authority, Port Captaincy, or to the telephone number 911. It must be noted that most ship captains worldwide are obliged, under international regulations, to notify the nearest State or Territory of the emergence of a marine pollution emergency. Normally, this task is the obligation of the ship's captain, but if the ship has been abandoned, or if the captain's report is incomplete, the obligation to make a report may fall upon the shipowner.
5.3 Notification of the Flag State The flag state of the distressed vessel has the right to be notified if any other State Party denies the vessel entry to its ports or offshore terminals, or takes any action against the vessel because it threatens the provisions set forth in Article 50 of the Political Constitution of Costa Rica.
The flag state must cooperate with other Parties in the detection of contraventions and in enforcing the provisions of Article 43, part b) of UNCLOS, which indicates that User States should cooperate by agreement for the prevention, reduction, and control of pollution caused by vessels. If evidence of a contravention is presented to it, the flag state must investigate the matter and, if it believes there is sufficient evidence to initiate proceedings for violation of the convention, it must initiate them.
5.4 Communications In the event of a hydrocarbon spill, the CNE shall provide the COE, where the Coordination Center shall be located. All information from the spill site and the affected areas shall be sent to the CNE via VHF ship-to-shore/shore-to-ship transmission. When the spill reaches a beach, a Control Center must be established at the site to send information to the Coordination Center at the CNE. The On-Scene Commander shall be responsible for coordinating the information to be sent to the Coordination Center. Communication instructions are contained in Appendix O.
5.5 Compensation or Indemnification.
The owners, shipowners, or operators under any title whatsoever, of vessels transporting hydrocarbons and other harmful substances and potentially hazardous substances, must include in their plans the contracting of insurance for said vessels that covers the eventual damages that spills from them may cause to the environment or to third parties in the maritime area of Costa Rica. The Port Maritime Division, together with the CND, shall provide the insurance agents and adjusters with all the necessary elements for the calculation of the indemnifications to which those affected by the spill caused by the responsible insured vessel or vessels are entitled, without this implying any hindrance to the operational or investigative tasks of the corresponding activities at the spill site.
The foregoing is without prejudice to the measures that may be ordered in the country through administrative and/or judicial channels against the party responsible for the spill.
5.6 Preparation and Submission of Claims For a financial claim to be submitted with minimal delay, it is essential that accurate records be kept at each site where a cleanup was performed and that they include a detail of all actions taken; the reason for such action; the personnel and equipment deployed; and the materials consumed or used. The DMP of the MOPT and the On-Scene Commander are responsible for the assurance of these important records and must ensure that they are properly maintained.
5.7. Post-Incident Reports After handling the hydrocarbon spill and the end of the response to a particular incident, the support organizations involved shall be responsible for submitting a post-action report to the CEE within three business days following the end of the response activities. The Director of the DMP of the MOPT and the CEE shall be responsible for submitting an exhaustive report ten days after the action closing the particular response. This report must be addressed to the Minister of Public Works and Transport, who shall present it to the Government Council, and it must incorporate the reports of all the responsible organizations participating in the actions.