26.10.01.23

.23 Requirements for Tank Vessels.

A. Required Tank Vessel Response Plan.

(1) Tank vessel operators shall comply with the requirements of §A(2)—(4) of this regulation.

(2) The operator of each tank vessel required to have an approved response plan under 33 CFR Part 155, Subpart D, may not operate the tank vessel in this State unless the operator and tank vessel are in full compliance with federal requirements for the response plans.

(3) The response plan shall include, at a minimum, training, discharge contingency, and removal equipment elements.

(4) The response plan shall be made available for review by the Department's personnel upon request.

B. Detection and Control of Oil Spills from Tank Vessels.

(1) The tank vessel operator shall ensure that not later than 180 days after the effective date of this regulation, each tank vessel, other than a public vessel, transporting oil in the State is accompanied by an all-weather escort vessel. Crew on the escort vessel shall continuously check for any evidence of an oil discharge from the escorted tank vessel. A vessel supplying propulsion to the tank vessel does not fulfill the requirement for an all-weather escort vessel.

(2) Instead of meeting the escort vessel requirement of §B(1) of this regulation, a tank vessel operator shall ensure that a tank vessel shall:

(a) Be equipped with a cargo level monitoring system;

(b) Have double hulls designed in compliance with 33 CFR §157.10d; or

(c) Have a plan, prepared by the tank vessel operator and approved by the Department, providing for the visual or other method of inspection of load lines or draft markings for tank vessels that will determine the existence of an oil discharge from the tank vessel.

(3) A cargo level monitoring system shall be maintained in full working order by the tank vessel operator. Any malfunction of equipment shall be corrected by the tank vessel operator before getting the tank vessel underway.

C. Requirements for Inspection of Tank Vessels.

(1) Each tank vessel, other than a public vessel, transporting oil in the State shall be inspected in accordance with 46 U.S.C. Subtitle II, Part B, and 46 CFR 2. The Department may require additional inspection if it has reason to believe that the tank vessel has been damaged or has been responsible for one or more spills due to structural damage.

(2) The certificate of inspection, issued under 46 U.S.C. Subtitle II, Part B, and 46 CFR 2, shall be displayed by the tank vessel operator in a conspicuous place on the vessel.