The marine administrative agencies of coastal provinces, autonomous regions and municipalities directly under the Central Government are the local administrative agencies authorized by the competent authorities to implement these Measures. Developers engaged in offshore oil, while preparing the overall development plan of oil (gas) fields, shall prepare a marine environmental impact report in accordance with the contents stipulated in Article 5 of the Regulations, and send the approved environmental impact report to the local competent department of sea areas.
For the oil (gas) fields under production (including trial production), according to the changes of mining scale and environmental quality, the operator should supplement and improve the environmental impact report in time and report it to the competent department for review. The oil spill emergency plan includes the following contents:
I. Platform operation, marine environment and resources;
The second is oil spill risk analysis;
Third, the oil spill emergency response capability. The discharge of oily sewage from fixed and mobile platforms and other offshore facilities must conform to the relevant national standards promulgated by People's Republic of China (PRC).
1. The discharge of oily sewage from engine room, engine room and deck shall comply with the national Discharge Standard for Pollutants from Ships (GB 3552──83).
Second, the sewage discharge of oil production industry should conform to the national Discharge Standard for Oily Sewage of Offshore Oil Development Industry (GB 49 14──85).
Three, oily sewage before discharge shall not be diluted and add oil dispersant for pretreatment.
Four, the sewage discharge of oil production industry, should comply with the requirements of the "analysis method of oily sewage in offshore oil development industry", and record the measurement results in the "pollution prevention record book".
Detection and analysis instruments must be regular products that have passed the inspection. When using water-based mud, avoid or reduce adding oil to water-based mud as much as possible. If oil must be added, record the type and quantity of oil in the "Pollution Prevention Record Book"; Before the oily water-based mud is discharged; Notify the competent department of sea area; And submit samples of oily water-based mud. Water-based mud with oil content exceeding 10% (by weight) is prohibited from being discharged into the sea. Water-based mud with an oil content below 10% (by weight) may be discharged into the sea with the approval of the competent department of the sea area, but a sewage charge shall be paid.
Dispersants shall not be added to oily water-based mud for treatment before it is discharged.
When oil-based mud is needed, low-toxic oil-based mud should be used; Take effective technical measures to fully separate drilling cuttings from mud; Oil-based mud must be recovered and not discharged into the sea. When the oil content of drilling cuttings exceeds 15% (by weight), it is forbidden to discharge into the sea. Drilling cuttings with oil content less than 15% (by weight) may be discharged into the sea with the approval of the competent department of the sea area, but the sewage charges shall be paid.
The competent department of sea area may require the operator to provide samples of drilling mud and cuttings.
The operator shall record the oil content, discharge time and discharge amount of drilling mud and cuttings in the "Pollution Prevention Record Book". All plastic products (including but not limited to synthetic cables, synthetic fishing nets and plastic bags, etc. ) and other wastes (including residual oil, waste oil, oily garbage and its residual liquid residue, etc.). ) It is forbidden to discharge or throw it into the sea, and it should be stored in a special container and transported back to land for treatment;
Do not burn toxic chemicals on platforms and other offshore facilities. When burning its paper products, cotton and linen fabrics and wooden packaging materials on the platform, it shall not cause marine environmental pollution.
If food waste is discarded within 0/2 nautical mile from the nearest land/kloc-,the particle size should be less than 25mm. The fecal discharge in this sea area must be disinfected and crushed. In case of the following two oil spill accidents, the operator shall report to the competent department of the sea area within 24 hours.
1. The platform is within 20 nautical miles from the coast, and the oil spill exceeds one ton;
2. The platform is within 20 nautical miles from the coast, and the oil spill exceeds 10 ton.
In case of the following two oil spill accidents, the operator shall report to the competent department of the sea area within 48 hours.
1. Within 20 nautical miles from the coast, the oil spill volume shall not exceed 1 ton;
2. The platform is 20 nautical miles from the coast, and the oil spill does not exceed 10 ton. All platforms and facilities engaged in offshore oil exploration, development and production operations must be equipped with an "anti-pollution record book" and an "anti-pollution quarterly report", which should be filled in as required and reported to the competent department of the sea area.
If the operation time of the platform is less than one quarter, and the platform is no longer in operation this quarter, the operator shall report to the competent department of sea area within 15 days after the platform operation. Anyone who violates the Law of the People's Republic of China on the Protection of Marine Environment, the Regulations and these Measures shall, according to the provisions of Articles 27 and 28 of the Regulations, have the right to give a warning or a fine to the perpetrators according to the seriousness of the case and the degree of harm to the marine environment.
1. Failure to prepare a marine environmental impact report in accordance with Article 4 of the Regulations, which causes pollution damage to the marine environment, shall result in a fine of more than 1 10,000 yuan and less than10,000 yuan.
Two, the operator has the following illegal acts, the fine amount is five thousand yuan to ten thousand yuan:
1. Failing to formulate or modify the oil spill emergency plan according to the regulations and the requirements of the competent authorities in the sea area;
2, not according to the "Regulations" provisions of article seventh equipped with pollution prevention facilities or facilities are not qualified;
3. Failing to treat wastes and oily sewage according to the provisions of Articles 13, 15 and 16 of these Measures.
Three, the operator has the following illegal acts, the amount of fines ranging from one thousand yuan to five thousand yuan:
1. Failing to report the oil spill accident to the competent maritime authorities in accordance with the provisions of Articles 19 and 20 of these Measures;
2. Failing to use chemical degreasing agent as required.
Four, the operator of the following illegal acts, the amount of fines is less than one thousand yuan:
1. Not equipped with the Pollution Prevention Record Book as required;
2. Alter or forge the Pollution Prevention Record Book or make irregular records;
3. Failing to report or notify relevant information as required;
4. Failing to declare quarterly anti-pollution statements or forge quarterly anti-pollution statements as required;
5. Failing to submit samples to the competent department of sea areas in accordance with the provisions of Article 15 of these Measures;
6. Refusing to provide an "anti-pollution record book" or truthfully state the relevant information to public officials who perform inspection tasks;
7. Obstructing or obstructing public servants from performing their official duties. Responsibilities include:
1. The expenses paid by the injured party to clean up and control the pollution caused by the operator's behavior;
Second, the marine environmental pollution damage caused by the operator's behavior, the amount of economic income loss of the injured party, the cost of repairing and updating the damaged production tools, and the cost of the injured party taking corresponding preventive measures to prevent pollution damage;
3 to deal with the investigation expenses of pollution damage incidents in offshore oil exploration and development. Units and individuals who have suffered pollution damage from offshore oil exploration and development and claim compensation may, in accordance with the provisions of Article 22 of the Regulations, submit a pollution damage claim report to the competent department of the sea area; Units and individuals involved in pollution removal operations may, in accordance with the provisions of Article 23 of the Regulations, declare the removal expenses to the competent department of sea areas.
The maritime administrative department may, at the request of the parties, mediate the dispute over the liability and amount of compensation. If a party refuses to accept the mediation, he may bring a lawsuit to the people's court. The parties may also directly bring a suit in a people's court. Foreign-related cases can also be settled according to arbitration procedures. The limitation period for claiming compensation is three years, counting from the day when the injured party knows or should know that it has been damaged by oil pollution.
After the dispute over compensation is settled, the injured party may not file a claim for the same pollution accident again. If pollution damage to the marine environment cannot be avoided due to acts of war, irresistible natural disasters or entirely due to the intention or negligence of a third party, the operator of the accident may be exempted from liability.
If the pollution damage is caused by the responsibility of a third party, the third party shall be liable for compensation.
Where an operator requests to be exempted from liability for compensation, it shall submit a report to the competent department in accordance with the provisions of Article 24 of the Regulations. After investigating the exemption conditions, the competent maritime authorities may make an exemption decision. In these Measures, the following terms have the following meanings:
1. "Oil" refers to any type of oil and its refined products.
2. "Inland sea" refers to all sea areas within the baseline of territorial sea, including: (1) bays, straits, seaports and estuaries; (2) The sea area between the baseline of the territorial sea and the coast; (3) Sea areas surrounded by land or connected with the ocean through narrow waterways.
3. "Emergency response capability" refers to oil spill emergency technical equipment, communication capability, emergency organization and responsibilities, implementation plan, oil spill removal methods, personnel training, etc.
"Oil spill accident" refers to the leakage of crude oil and its refined oil under abnormal operating conditions. Oil spill accidents are divided into three categories according to their oil spill volume, and the oil spill volume is less than 10 ton, which is a small oil spill accident. The oil spill with the volume of10 ~100t is a medium-sized oil spill accident; When the oil spill volume exceeds100t, a large-scale oil spill accident occurs. These Measures shall come into force as of the date of promulgation.
Note: Before the promulgation of the Analytical Method of Oily Wastewater in Offshore Oil Development Industry stipulated in Article 13 of these Measures, it shall be implemented according to the Monitoring and Analysis Method of Wastewater Quality in Petroleum Industry.
Provisions on the use of chemical dispersants in offshore oil exploration and development shall be formulated separately by the competent department.