Oil Spil Liability

Nearly a decade after the Oil Pollution Act of 1990 (OPA90) was passed in response to the Exxon Valdez spill in Alaska, skippers of vessels from freighters to runabouts are reminded that any discharge of oil or gas, even if the result of an accident, must be reported and can bring stiff fines. If immediate action is not taken, the boat owner can be held liable for the cost of cleanup, environmental damage and even economic losses of those whose livelihoods depend upon the waterway.

Under federal law, the vessel owner who spills enough oil or fuel to create a sheen upon the surface of the water is in violation and can be fined. Immediate steps to take include:

* report the spill to the National Response Center at 800-424-8802;

* contact the U.S. Coast Guard and report the spill;

* contact your insurance company and report the spill and the name and phone number of the Coast Guard person you spoke to;

* take action to contain the spill by contacting a professional response company; many TowBOAT/U.S. towers are certified to respond to certain level spills. Many marinas also have containment booms and other materials ready on site.

Boat owners should also check their insurance policy to see if it covers the cost of cleanup as well as liability for oil spill damage. In the meantime, boaters should keep on board absorbant bilge pillows, sheets and other products designed to keep drips of oil and gas from leaving the boat.