The Oil Pollution Act of 1990

By David Balch

• Signed into law in August 1990- in response to Exxon Valdez incident.

• Designed to improve nations ability to respond to oil spills by providing money and resources.

• Also created Oil Spill Liability Trust Fund, which can provide up to 1 billion dollars per spill.

• Places responsibility for spill and clean up costs on company that caused the incident

• Companies must have a plan to prevent spills that may occur and a detailed containment and cleanup plan.

• States can enforce the act within navigable waters of the state. States also given $250,000 for removal of each spill.

• Penalties for spills were increased. Failure to notify proper agency of spill now results in a fine of up to $250,000 for an individual and $500,000 for an individual.

• “States may impose additional liability (including unlimited liability), funding mechanisms, requirements for removal actions, and fines and penalties for responsible parties.” (www.EPA.gov, 2011)