The Council’s latest annual report, Year in Review: 2020-2021, is now available!
The annual report covers the many programs and projects we’ve been working on over the past year, such as oil spill prevention and response, environmental monitoring, oil spill contingency plans, operations at the Valdez Marine Terminal, invasive species monitoring, our outreach efforts, and much more.
This report covers the Council’s activities from July 2020 to June 2021.
The Alaska Department of Environmental Conservation (ADEC) is proposing changes to regulations that protect Prince William Sound. The comment period began on November 1, 2021 and will end January 31, 2022.
Public input on these changes will be critical. The Council is reviewing the changes and will be sharing information on this public comment period and future changes. Please contact staff member Linda Swiss to be added to the email list.
The Council conducted regular business during the meeting, including updates from the Council’s ex-officio members, staff, and committees. Other topics on the agenda were:
An activity report by Alyeska Pipeline Service Company on the Valdez Marine Terminal and Ship Escort/Response Vessel System operations.
An update on the Alaska Department of Environmental Conservation’s review of regulations related to oil spill contingency planning and current challenges facing the department’s Division of Spill Prevention and Response.
An overview of onboard ballast water treatment systems by representatives of ConocoPhillips and Polar Tankers.
A presentation on the results of field trials to evaluate the effectiveness of messenger line throwing devices used to deploy towing lines between response tugs and vessels in distress.
An overview of the Council’s updated Alaska Oil Spill Lesson Bank – educational resources for K-12 students.
A presentation on marine bird surveys conducted in Prince William Sound in March of 2021.
A report on data analyzed from the Council’s weather buoys in Port Valdez.
A presentation on reports detailing the history of the Prince William Sound Tanker Oil Discharge Prevention and Contingency Plan, documenting changes to the plan, regulatory positions and industry commitments.
An overview of the updated dispersant research summary maintained by the Council, now current through 2021.
Board meetings are routinely recorded and may be disseminated to the public by the Council or by the news media.
Who is responsible for an oil spill in Prince William Sound?
According to law, whoever spills oil must clean it up. While sounding simple, it can be quite complicated.
First, you must figure out who is responsible, what they are responsible for, and whether Alaska or Federal law applies.
Cleaning up the mess
Anyone who moves or stores crude oil in Alaska must have an approved spill contingency plan. These plans describe in detail how they plan to:
keep the substance contained,
control the substance if it escapes containment, and
clean it up if it is not contained or controlled.
The person or entity who creates the plan, referred to as the “plan holder,” is legally responsible for putting the plan into action. The plan holder must ensure a certain amount of clean up equipment and trained personnel are always nearby and ready to respond.
In Prince William Sound
If oil is spilled from either the Valdez Marine Terminal, or any tanker shipping oil from the terminal, Alyeska’s Ship Escort/Response Vessel System, or SERVS, responds immediately.
Spill from the terminal
The terminal is jointly owned by three companies: Hilcorp/Harvest Alaska, ConocoPhillips, and ExxonMobil. These companies jointly fund Alyeska Pipeline Service Company, who operates the pipeline and terminal, and SERVS. SERVS manages the cleanup of any spills from the terminal on behalf of the owners.
Spill from a tanker
If a tanker spills oil or fuel in Prince William Sound, SERVS manages the spill for the first three days. This allows time for the tanker’s owner company to get their incident management team on the scene.
At the end of the first three days, cleanup becomes the responsibility of the contingency plan holder. SERVS remains available to support the cleanup.
Paying for the cleanup and damages
The responsibility to clean up a spill is separate from financial liability. The liable party must pay for:
cleanup activities
financial damages to businesses or individuals
injuries
environmental restoration
Federal law places this liability on the owner or operator of the facility or vessel. Alaska’s law is similar; however, the state also holds the oil’s owner liable. These liabilities can vary and may be decided by a court or settlement agreement.
How much do they have to pay?
Alaska law and Federal law differ slightly.
Alaska
Alaska law does not limit the amount a liable party might have to pay for cleanup and damages. However, there is a limit on the amount they must plan to pay. That amount depends on how much oil they can move at once.
This ability to pay can be proven in several ways. Insurance is the most common.
Federal
Federal law places limits on the amount the liable party might have to pay. This limit is based on the size of the tanker. However, the limit does not apply if the incident is caused by gross negligence, willful misconduct, or violation of federal regulations.
What if the spiller can’t pay?
If the worst happens and the spiller can’t or doesn’t take care of their responsibilities, there is help available.
The Oil Spill Liability Trust Fund helps cover costs and damages. More about this fund at: [link]
Alaska has a separate fund to help cover the State’s costs. More about this fund at: [link].
More details
At their May 2021 meeting, the Council’s Board of Directors heard a detailed explanation about liabilities for a spill. Watch the presentation from attorney Breck Tostevin on the Council’s YouTube channel: