oil spill contingency planning and scientific support coordination in ...

OIL SPILL CONTINGENCY PLANNING AND SCIENTIFIC SUPPORT COORDINATION IN BERMUDA: A SUCCESSFUL MODEL Thomas D. Sleeter and Anthony H. Knap Bermuda Biological Station for Research Ferry Reach, Bermuda I. Walwyn Hughes Department of Agriculture and Fisheries Hamilton, Bermuda 22 convictions. In every instance, gas Chromatographie evidence was presented. The legislation in Bermuda dealing with marine pollution caused by oil and other toxic substances is an extension of that which is in force in the United Kingdom. This arrangement exists by virtue of Bermuda's status as a dependent territory. Fines of up to $100,000 are possible upon conviction in Magistrates Court, and no ceiling is set upon fines in the Supreme Court. This provision for potentially punitive fines undoubtedly has encouraged compliance with oil pollution legislation. Notwithstanding the success in pursuing oil pollution cases in the local courts, the Government of Bermuda realized after the Statendam incident that a comprehensive, operational plan was required to guide the response to marine pollution incidents. The Bermuda Marine Pollution Contingency Plan now in effect was developed to meet this need.

ABSTRACT: A complete oil spill contingency plan has been developed together with environmental sensitivity maps, a damage risk assessment, and a scientific support coordination plan. The contingency plan details the notification and mobilization of key personnel and equipment during the initial phases of a marine pollution incident. It sets out a pre-planned course of action and, depending on the magnitude of the incident, calls for the orderly involvement of communication networks and various governmental agencies including marine police, marine ports, fisheries, the police, fire department and the regiment, all of which are coordinated by the on-scene coordinator and his command team. Environmental sensitivity maps have been developed to streamline decision making by the command team by identifying priority areas that require maximum effort for protection, cleanup, and conservation. The system ranks 15 coastal environments on a sensitivity scale of 1 to 10 with respect to the expected persistence of hazardous material spills (such as oil) along the coastline. The index is based on the geomorphology of the area, coastal processes, and the amount of physical energy to which the coastline is subjected. The maps also identify pertinent political and socioeconomic resources and areas of ecological significance. Water depths, current velocities, and distances across inlets are indicated for deployment of containment booms. In addition, under a Scientific Support Response Plan all scientific activity during the pollution incident is coordinated and documented. The plan sets up the orderly flow of scientific information to the command team and coordinates an organized sampling protocol including documentation and proper "chain of custody" of environmental samples. This system, coupled with an analytical detection unit, has resulted in convictions for more than 22 minor oil pollution incidents in Bermuda.

Marine Pollution Contingency Plan Bermuda (32°N 64°W) lies in close proximity to the Gulf of Mexico/ Caribbean-Mediterranean Sea lane. The density of marine traffic, especially oil tankers, passing Bermuda and the increase in number of visits made by cargo and passenger vessels to the island presents a growing risk of marine pollution. The Bermuda Government realized that even a small oil spill in local waters could seriously affect the beaches, reefs, and intertidal communities as well as threaten the fishing industry and the tourism-based economy. Upon the instruction of the government, a contingency plan was prepared to provide a formal and orderly procedure for responding to marine pollution incidents, maximizing the use of local resources and providing the means for acquiring assistance from overseas when required. The objectives of the plan are to: • Provide an appropriate system for the detection and reporting of spills of oil or other toxic substances in local waters or threats of such spills • Coordinate the efforts of government departments, service organizations and private agencies to prevent, contain, and where necessary, clean up local oil spills or marine pollution incidents in a manner which will protect public health and minimize the impact upon the environment • Provide a command structure appropriate to the magnitude of the spill • Establish a reporting procedure to provide control and decisionmaking information for the Cabinet Committee and the on-scene

The beginning of an effective oil spill response in Bermuda can be traced to the action taken by local authorities in 1976 following the inadvertent pumping of oil into the island's main channel and harbor by the passenger liner Statendam. The incident was pursued in the local courts, largely on the basis of very strong circumstantial evidence linking the ship's fuel oil with samples of spilled oil. The chemical evidence gained through exhaustive analysis by gas chromatography3,4 was sufficiently convincing to cause the captain to retract his initial denial of any responsibility and lead to a conviction which was upheld on appeal. This decision by the court set a strong precedent for absolute liability when oil in contaminated ballast is discharged into Bermuda waters. Since the Statendam incident, there have been more than 135 oil spills in local waters; 22 cases were pursued in the courts, resulting in

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Figures 1. Marine Pollution Contingency Plan structure

coordinator (OSC) and to enable the public to be kept informed when a marine pollution incident threatens or exists • Ensure that complete and accurate records, including those of all expenditures, are maintained to facilitate the recovery of costs and full documentation of the incident • Coordinate scientific support for the OSC and maintain a proper "chain of custody" for all environmental samples The scope of the plan assumes that international assistance will be requested and acquired to deal with oil spills of 100 tons or more or for smaller spills of oil or toxic materials which pose special threats and for which local resources are found to be inadequate. The Bermuda government has an agreement with the U.S. government which provides for technical advice and assistance to be made available by the U.S. Coast Guard in the event of a serious spill of oil or other hazardous chemical in Bermuda waters. Figure 1 provides a graphic display of the Marine Pollution Contingency Plan (MPCP) command structure. The command structure is designed to provide the OSC with the necessary personnel and authority to respond effectively to a marine pollution incident while

keeping the Cabinet Committee advised of developments during the incident, and to keep the news media and the public informed. The command team is made up of representatives from the Department of Agriculture and Fisheries, the Department of Marine Ports, the Marine Police and the Bermuda Biological Station. The core Command Team is augmented as necessary with personnel drawn from resource agencies as they are required, for example, the Bermuda Regiment or Fire Department, or with expert advisers from overseas. The command team and the command post need not be in operation for local spills. Figure 2 illustrates the notification, damage assessment, and alerting procedures implemented during the initial phases of a pollution event. During a small spill, the command team communicates by radio or telephone, not formally meeting until the post-spill analysis or post mortem. Spills of oil or toxic substances in local waters occur from vessels and shore-based facilities such as marinas. The owner or master of a vessel or occupier of a shore facility discharging oil into inshore waters is required by Bermuda law to report such a spill.

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Figure 2. Marine Pollution Contingency Plan notification, damage assessment, and alerting procedure

Harbour Radio and Police Headquarters usually are the first to be aware of oil spills, but other agencies or individuals, including the Marine Police, British, American or Canadian forces, captains of planes or vessels and ship's agents, also may provide early warning. In all cases, reports of spills of oil or other toxic substances or threats of such spills are relayed to the Bermuda Police for immediate transmission to the Marine Police. The Marine Police immediately begin an investigation of the spill or threatened spill, calling upon the Bermuda Biological Station and the principal marine surveyor for the initial damage assessment. The Director of Agriculture and Fisheries (the OSC) and the Director of Marine and Ports Service are advised immediately by the Marine Police of a spill or threatened spill, and are notified from the spill site during the damage assessment. Based upon the initial on-scene assessment, as relayed by radio, the OSC designates the event a local spill or a marine pollution incident. In the latter case, the appropriate state of alert is declared and the command team is notified and asked to assemble at the emergency command post which is a shore facility and communications center. A small spill incident is designated a "local spill" (Figure 2) and is dealt with by the Marine Police and Bermuda Biological Station. Representatives from the biological station (science advisers to the OSC) assess the "local spill" and call for the appropriate cleanup measures, using containment and cleanup equipment, including sorbents and booms, located in a central depot. The contingency plan also inventories equipment and dispersants, lists telephone numbers of local and overseas individuals and/or agencies capable of providing scientific and/or operational assistance and sets out the duties and responsibilities of key response personnel.

Environmental sensitivity maps In addition to the contingency plan, environmental sensitivity maps have been developed to streamline decision making by the command team. The maps identify priority areas that would require maximum effort for protection, cleanup, and conservation. The system, similar to that of Hayes, Gundlack and Getter,1 ranks 15 coastal environments on a sensitivity scale of 1 to 10 with respect to the expected persistence of hazardous material spills along the coast. The index is based on the geomorphology of the area, coastal processes, and the amount of physical energy on the coastline. Table 1 lists the 15 coastal environments and their sensitivity rankings.

Figure 3. Section of an environmental sensitivity map showing suggested boom placement, water depths, and current velocity

Also identified on the maps are water depths, current velocities, and distances across inlets for deployment of containment or deflection booms. Marinas, boat slips, and other areas where the loading or unloading of heavy equipment is possible are indicated, as are stockpiles of booms, sorbents and cleanup equipment. Environmentally sensitive areas such as wildlife reserves, rookeries, turtle ranges, and coral reefs also are shown. The maps continue to be improved and updated as new information is obtained. More complete, habitat-specific biological information is needed, especially the spawning times of the various reef organisms and commercial fish species.

Risk assessment A program to assess the risk of oil spills and the damage which might result recently was undertaken. The following are included in this risk assessment: • Location of storage facilities for petroleum products for both marine and land-based use, and identification of types of products, volumes and responsible parties • Pipeline routes from major storage facilities to major users such as the Civil Air Terminal and the electric power generating station— The pipelines and shut-off valves are indicated on the sensitivity maps, and preventive maintenance programs have begun. • A listing of regularly visiting ships, together with their fuel types and volumes • A listing of international marine insurers (P&I Clubs, tanker associations, etc.)—This will enable the Bermuda government to communicate directly with them in case of an incident. Following the initial identification and location of the specific sites where petroleum is unloaded or transferred between ships, the risk assessment has concentrated on developing scenarios of ship groundings and spills of oil. Predictions are being made of oil movement under different weather conditions, using local current knowledge, and the areas of probable impact are being examined closely. For each area of high priority (either for biological considerations or for strategic containment) the currents have been examined, and suggestions have been made for the strategic settings of deployment booms as in the example in Figure 3.

Scientific support team As mentioned previously, the scientific support team concept, as development by the National Oceanic and Atmospheric Administration, has been adopted in Bermuda.2

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1983 OIL SPILL CONFERENCE Table 1. Sensitivity ranking of 15 coastal environments in Bermuda Coastal Type

Description

Rocky Headland

Sheer cliffs, not irregular Energy is high Dominant processes: wave attack and reflection Low biomass

Man-Made Seawall

Vertical man-made energy barriers, can be cement or steel; breached only by storm waters Energy is high to low Dominant process: wave reflection and transportation Low biomass

II

Unsheltered High Relief Bedrock Coast

Exposed bedrock, greater than 1 meter in relief, irregular coastline due to differential solution and wave attack; coastline characterized by undercutting, caves, crags and pools Boulders present at base Energy is high, high spray dispersal Dominant processes: wave attack and reflection Low biomass

III

Unsheltered Low Relief Bedrock Coast

Exposed bedrock, less than 1 meter in relief, generally terraced, irregular coastline due to differential solution Energy is high, spray dispersal high Dominant process: solution activity causing crags and pools, mechanical erosion is present Moderate biomass

IV

Pocket Beach

Limited sand accumulation, no dune formation, in contact with varying relief bedrock Energy is high with some locational variation Dominant process: deposition and transportation Low biomass

Sand Beach High Energy

Sandy beach, well sorted, limited sand accumulation, dunes, boilers offshore of various locations Energy is high Dominant process: accumulation and drift Low biomass

Sheltered High Relief Bedrock Coast

Exposed bedrock, greater than 1 meter in relief Energy is low Dominant process: solution activity, dominantly undercutting, minimal wave attack Relatively high slope Low biomass

Sheltered Low Relief Bedrock Coast

Exposed bedrock, occasional terracing, less than 1 meter relief Energy is low Dominant process: solution activity and accumulation often by spray Adjacent bedrock has low slope Solution activity characterized by pools and crags which are effective catchment areas High biomass

Barrier Complex with Sediment Accumulation

Bedrock island of varying relief which causes sediment accumulation on landward side Energy is high on seaward side, lower on landward side Dominant processes: wave attack seaward side, transport and deposit inter island Relatively high biomass

Wave Cut Platform Based High Relief Bedrock

Submerged bedrock terraces grading into deep water, some exposed terraces; in contact with shoreward high relief bedrock; some isolated platforms or boiler reefs near shore Energy is high Dominant process: solution activity and wave erosion, some sediment accumulation Solution activity causes formation of pools, crags and undercutting High biomass

VII

Boulder Coast

Porous accumulation of boulders, probably deposited by man Energy varies, energy dispersal between boulders is great Dominant process: wave action and accumulation Low biomass

VIII

Sand Beach Low Energy

Sandy beach, well sorted, limited sand accumulation dunes, boilers offshore, various locations Energy is low Dominant process: accumulation and drift Low biomass

Pocket Accumulations

Embayment of limited extent, where mixed clastic particles from sand size to cobble size have been deposited Energy is moderate to high Dominant process: deposition, transportation and mechanical erosion Low biomass

Sensitivity I

VI

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IX

Gravel Beach

Sheltered or unsheltered gravel accumulation often artificial fill, highly porous Energy varies from low to high and is dispersed within pore space Dominant process: wave erosion and transportation Low biomass

X

Mangrove Coasts

Varying relief, usually low, red and black mangroves cover rocks and adjacent shallow water Energy is generally low and baffled Dominant process: accumulation High biomass

The Bermuda Biological Station has an Oil Spill Analysis Laboratory with capillary gas chromatographs, a fluorescence spectrophotometer, and an ultraviolet spectrophotometer. The Biological Station scientific staff provide support to the emergency command team. In the case of a local spill, samples are collected from the spill and suspect ships and analyzed by the oil spill laboratory. In the case of a larger marine pollution incident, the Scientific Support Contingency Plan goes into effect. This plan calls for mobilizing the staff scientists and administration of the Biological Station, for coordination of field sampling during the pollution incident, and for coordination of visiting scientists. The rationale is to provide documented environmental samples, from oiled and non-oiled areas, of the spill impact, and to maintain the proper chain of custody for samples that may be used later for damage compensation or in litigation; and to provide a structured flow of information and real-time data to the on-scene coordinator. This may become increasingly important during large spills when many scientists appear on the scene, anxious to give their assessment.

Conclusion Since 1976, there have been 135 vessel incidents in Bermuda involving some type of oil leakage. This includes groundings, sinkings, and spillage from yachts, merchant vessels and oceanliners. In all of these cases, the initial phases of the contingency plan went into effect—the command team was notified and the marine surveyor and a scientist from the Bermuda Biological Station did an initial assessment of damage, both environmental and to the vessel. This system, coupled with the analytical detection unit, has proved successful for all 22 of the cases pursued in court. The system has become a deterrent to oil pollution. Visiting ships are aware of the stringent enforcement, and routine bilge discharges have been eliminated. Most of the oil spillage which now occurs is unintentional and involves human error and negligence. In June 1982, the U.S. Coast Guard North Atlantic Strike Team evaluated the Bermuda Oil Pollution Contingency Plan by simulating

a major pollution incident. The resulting response was considered satisfactory. Similar exercises are scheduled to be held annually as part of the ongoing training called for in the Marine Pollution Contingency Plan. In conclusion, it has been shown that a contingency plan needs to be flexible and not contain too much detail. The experiences in Bermuda, as in so many other countries, have shown that each spill incident is different, and imagination and ingenuity are essential in an effective response. No contingency plan can ever be considered complete and regular reviews and training sessions are essential.

Acknowledgments The authors wish to thank R. Ross, principal marine surveyor, P/C J. Skinner (319), J. Ardis, and H. Jones for their assistance in preparing this manuscript. We also would like to thank all the members of the Marine Pollution Contingency Committee. This is contribution No. 919 from the Bermuda Biological Station.

References 1. Hayes, M. O., E. R. Gundlack, and C. D. Getter, 1980. Sensitivity ranking of energy port shorelines. Proceedings of the Specialty Conference on Ports '80. American Society of Civil Engineers, pp697-708 2. Maynard, N. G., 1981 Techniques for the Optimization of Scientific Spill Response—Tested at the Burmah Agate oil spill. Hazardous Materials Response Project. NOAA/OMPA RD MPF 29, National Oceanic and Atmospheric Administration, Boulder, Colorado 3. Sleeter, T. D., 1978. Methods for identifying the source of spilled oil. The Harvard Environmental Law Review, v2, pp514-522 4. Sleeter, T. D., and J. N. Butler, 1978. Oil spill in Bermuda: a case study of effective litigation. Environmental Conservation, v5, n l , pp21-24