33 C.F.R. Subpart D—Administration of the Pollution Fund
Title 33 - Navigation and Navigable Waters
This subpart prescribes policies, procedures, and reporting requirements for the payment from and deposit into the Fund established pursuant to section 311(k) of the Act. The provisions of this subpart apply to: (a) Each Federal and State agency that desires reimbursement from the Fund for costs incurred during a removal activity; and (b) The owner or operator of the vessel or onshore or offshore facility from which a discharge occurs that requires Federal removal activity. The owner or operator of the vessel or onshore or offshore facility from which a discharge occurs that requires Federal removal activity is liable to the pollution fund for the actual costs of Federal and State agencies, including the employment and use of personnel and equipment, not to exceed the limits established by sections 311(f) and (g) of the Act. (a) The following costs incurred during performance of a Phase III activity as defined in Subpart E of the National Contingency Plan, or a removal action as defined in Subpart F of the National Contingency Plan, are reimbursable to Federal and State agencies when authorized by the appropriate OSC under the authority of section 311(c) of the Act, and are reimbursable to Federal agencies when authorized by the appropriate Coast Guard or EPA official in the case of the summary removal or destruction of a vessel, other “intervention” (as defined in §153.105(e) of this Part), or any other action under the authority of section 311(d) of the Act or the Intervention on the High Seas Act (33 U.S.C. 1471 et seq.): (1) Costs found to be reasonable by the Coast Guard incurred by government industrial type facilities, including charges for overhead in accordance with the agency's industrial accounting system. (2) Actual costs for which an agency is required or authorized by any law to obtain full reimbursement. (3) Costs found to be reasonable by the Coast Guard incurred as a result of removal activity that are not ordinarily funded by an agency's regular appropriations and that are not incurred during normal operations. These costs include, but are not limited to, the following: (i) Travel (transportation and per diem) specifically requested of the agency by the On-Scene Coordinator. (ii) Overtime for civilian personnel specifically requested of the agency by the On-Scene Coordinator. (iii) Incremental operating costs for vessels, aircraft, vehicles, and equipment incurred in connection with the removal activity. (iv) Supplies, materials, and equipment procured for the specific removal activity and fully expended during the removal activity. (v) Lease or rental of equipment for the specific removal activity. (vi) Contract costs for the specific removal activity. (4) Claims payable under Part 25, Subpart H of this title. (b) The District Commander may authorize the direct payment of the costs found to be reasonable under paragraph (a)(3) of this section. Direct payment may only be made to Federal or State agencies, or to Federal contractors or suppliers. Direct payments to State or local agency contractors or suppliers will not be authorized. (c) The Pollution Fund is not available to pay any foreign, Federal, State or local government or agency for the payment or reimbursement of its costs incurred in the removal of oil or hazardous substances discharged from a vessel or facility that it owns or operates. Note: Federal procurement procedures governing contracts to purchase property and services apply to costs incurred as a result of removal activity. Where the public exigency will not permit the delay incident to advertising, purchases and contracts are negotiated pursuant to 10 U.S.C. 2304(a)(2) or 41 U.S.C. 252(c)(2), as applicable. [CGD 73–185, 41 FR 12630, Mar. 25, 1976, as amended by CGD 84–067, 51 FR 17967, May 16, 1986] An owner or operator of a vessel or an onshore or offshore facility who obtains a judgment against the United States under section 311(i) of the Act may have the judgment satisfied by requesting payment of the judgment in writing from the Commandant (G-L), 2100 Second Street SW., Washington, D.C. 20593. This request must be accompanied by a copy of the judgment and must designate to whom payment should be made. Any person liable for the payment of the following shall remit payment by check or postal money order, payable to the U.S. Coast Guard, to the cognizant District Commander, or to the Commandant for deposit into the Pollution Fund as prescribed in section 311(k) of the Act: (a) A fine or penalty imposed, assessed, or compromised under section 311 of the Act, including the proceeds of a bond or other surety obtained pursuant to section 311(b)(6). (b) A claim asserted by the cognizant District Commander for costs recoverable under sections 311 (f) and (g) of the Act. (c) A judgment obtained by the United States for costs recoverable under sections 311 (f) and (g) of the Act. As soon as practicable after completion of an action authorized under section 311 (c) or (d) of the Act or the Intervention on the High Seas Act, the OSC submits a cost summary report to the cognizant District Commander that includes: (a) Names of agencies and contractors authorized to participate in the action; (b) A general description of the function performed by each participating agency and contractor; (c) An estimate of the cost of each function performed by each participating agency and contractor; and (d) A copy of contracts, memoranda, or other documents pertaining to the functions performed by the participating agencies and contractors. [CGD 73–185, 41 FR 12630, Mar. 25, 1976, as amended by CGD 84–067, 51 FR 17967, May 16, 1986] (a) Each Federal or State agency requesting reimbursement for an action authorized under section 311(c) or 311(d) of the Act or under the Intervention on the High Seas Act must, within 60 days after completion of the action, submit to the cognizant District Commander, through the OSC for review and certification required in paragraph (b) of this section, lists accompanied by supporting accounting data, itemizing actual costs incurred. (b) Requests for reimbursement submitted by Federal and State agencies are reviewed by the OSC to ensure that the costs for which reimbursement is being sought were authorized as Phase III removal actions for oil discharges, or removal actions as defined in Subpart F for hazardous substance discharges, and must have one of the following certifications by the OSC, as appropriate: (1) I certify that the actions for which reimbursement is being requested in the attached statements were authorized by me as [(Phase III oil removal actions) or (hazardous substance removal actions)], and reasonable costs related thereto are proper for payment from the Pollution Fund. ____________________ (OSC signature) (Incident title) (Pollution incident project number) (2) I certify that, except as noted below, the actions for which reimbursement is being requested in the attached statements were authorized by me as [(Phase III oil removal actions) or (hazardous substance removal actions)], and reasonable costs related thereto are proper for payment from the Pollution Fund. The following actions were not authorized by me and are not subject to reimbursement from the Pollution Fund: ____________________ (OSC Signature) (Incident title) (Pollution incident project number) [CGD 84–067, 51 FR 17967, May 16, 1986]
Title 33: Navigation and Navigable Waters
PART 153—CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL
Subpart D—Administration of the Pollution Fund
§ 153.401 Purpose.
§ 153.403 Applicability.
§ 153.405 Liability to the pollution fund.
§ 153.407 Payments or reimbursements from the pollution fund.
§ 153.411 Procedures for payment of judgments.
§ 153.413 Deposit of money into the fund.
§ 153.415 Cost summary reports.
§ 153.417 Reimbursement for actions under section 311(c) or 311(d) of the Act of the Intervention on the High Seas Act.
