What is Ship Oil Pollution Emergency Plan (SOPEP)?

And
Importance of SOPEP?
When oil spill occurs at sea, it spreads over the surface of the sea water,
leaving a deadly impact on marine mammals, birds, the shore line and most
importantly the ocean and the environment.
The cost to clean up an oil spill depends on the quantity and quality of oil
discharged in the sea and is calculated on the basis of factors such as legal
claims, money paid as penalties, loss of oil, repairs and cleanups, and the
most important loss of marine life and the effects on human health which
cannot be measured against any amount.
As prevention is better than cure, in order to avoid the above mentioned
monitory losses and primarily to avoid marine pollution and losses of marine
species, a prevention plan is carried on board by almost all cruise and cargo
vessel. This plan is known as SOPEP or ship oil pollution emergency plan.

Credits: Canadian Press

Understanding SOPEP
As mentioned earlier, Sopep stands for Ship oil pollution emergency plan and
as per the MARPOL 73/78 requirement under Annex I, all ships with 400 GT
and above must carry an oil prevention plan as per the norms and guidelines
laid down by International Maritime Organization under MEPC (Marine
Environmental Protection Committee) act. The Gross tonnage requirement
for oil tanker, according to SOPEP, reduces to 150 GT as oil itself is a kind of
cargo which doubles the risk of oil pollution.
Master of the ship is the overall in charge of the SOPEP of the ship, along
with the chief officer as subordinate in charge for implementation of SOPEP
on board. SOPEP also describes the plan for the master, officer and the crew
of the ship to tackle various oil spill scenario that can occur on a ship. For oil
tankers, action plan widens regarding the cargo handling and cargo tanks
containing huge quantities of oil.
Contents of SOPEP
SOPEP contains the following things:
The action plan contains duty of each crew member at the time of spill,
including emergency muster and actions.
SOPEP contains the general information about the ship and the owner
of the ship etc.
Steps and procedure to contain the discharge of oil into the sea using
SOPEP equipments.

 On board Reporting procedure and requirement in case of oil spill is

described.
Authorities to contact and reporting requirements in case of oil spill are
listed in SOPEP. Authorities like port state control, oil clean up team
etc are to be notified.
SOPEP includes drawing of various fuel lines, along with other oil lines
on board vessel with positioning of vents, save all trays etc.
General arrangement of ship is also listed in SOPEP, which includes
location of all the oil tanks with capacity, content etc.
The location of the SOPEP locker and contents of the locker with a list
of inventory.

What is OPA 90? Discuss the liability of Charterer and

Owner?
A law that caps civil liability for oil spills caused by tankers and drilling
vessels in the United States' territorial waters. The passage of the law was
prompted by the Exxon Valdez oil spill in 1989, where Exxon was held liable
for billions in civil damages. The bill enjoyed popular support at its passage.
A law enacted in 1990 by the U.S. ruling civil liability for removal costs or
damages as a result of oil spills in waters of the United States caused by tank
vessels or facilities used to explore, drill, produce, store, process, or
transport oil. This definition includes motor vehicles, rolling stocks, and
pipelines. The law also established provisions related to oil spill prevention,
emergency response and cleanup efforts in the event of spills. The Oil
Pollution Act of 1990 limits the liability of companies for the economic
damages
caused
by
oil
spills
at
75
million
dollars.

Owners and Charterers liability for OPA 90?

Who is liable under federal law?

Oil Pollution Act of 1990
33 $ 270
Each responsible party for a vessel or a facility from which oil is discharged,
or which poses the substantial threat of a discharge of oil into or upon the
navigable waters or adjoining shoreline or the exclusive economic zone is
liable for the removal costs and damages specified in subsection (b) that
result from such incident.
33 USC 2701 (32)
responsible party means the following:

(A)

Vessels

In the case of a vessel, any person owning, operating or demise

chartering the vessel. Under OPA 90 a vessel owner is clearly a
responsible party liable for oil pollution. A time or voyage charterer
unlikely to be held as responsibility party unless they are operationally
involved in the spill incident.

Who is liable under State Law?

OPA 90 does not prevent individual states from passing their own
pollution statues and 26 coastal states have such statues,
As under OPA 90, vessel owners are clearly liable under state
pollution laws.
State statues do not uniformly define who is responsible and some
of definitions are vague and broad. Examples:
Alabama any person whose wrongful act, omission or
negligence results in pollution.
Delaware- any other person who is responsible for the
operation, manning, victualling and supplying of the vessel.

Therefore, a charterer could have liability under the broad wording of certain
state pollution statutes .

However, it would be unusual for a charterer to be pursued under

state law because:

OPA 90 requires ship-owners to post financial guarantees in order to

trade to the U.S $ 1,200 per grt for a tanker. The guarantee is used
to pay for clean up and claims.
Even if the vessel owners financial guarantee is exceeded, the owners
P&I Club will almost certainly continue to fund clean up and claims.
Why? Concern over federalization of spill.
OPA 90 established National Pollution Trust Fund to cover damages not
covered by the responsible party
There are few instances of charterers being pursued for pollution
liability
What cost and damages are recoverable for an oil spill?
33 USC

2702 (b)

Removal Cost
Damage to natural resources
Damage to real or personal property