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TRACEN Yorktown/Sector New Orleans. Who remembers the DM 932 ?. Objectives. Discuss Tips from the field. Discuss Cedyco Case Study Identify Issues and Concerns that arise during these Federal Projects. Quick Tips From The Field. Know who your NPFC project case officer is
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Objectives • Discuss Tips from the field. • Discuss Cedyco Case Study • Identify Issues and Concerns that arise during these Federal Projects.
Quick Tips From The Field • Know who your NPFC project case officer is • Be familiar with BOA contracts and the project Contracting Officer • Be familiar with your local OSRO. • Save these web sites to your favorites. • http://webapps.mlca.uscg.mil/fdiv/BOAs/BOAs.html • http://chemresponsetool.noaa.gov/ • http://www.responsegroupinc.com/tools.html • http://www.epa.gov/epawaste/index.htm • http://www.glo.state.tx.us/oilspill/ • www.npfc.gov
Cedyco Case Preamble • Once upon a Time: • Two years after Hurricane Katrina, three Cedyco facilities have yet to come back up on line due to being damaged after the storm. • After almost three years after the storms Sector New Orleans ordered the owner/operator to put the facilities into caretaker status or get the facilities into compliance • Sector New Orleans Prevention Department planed a facility inspection. Cedyco refused to provide transportation to the facility. • A joint inspection with the state and USCG found Cedyco operating with countless pollution prevention regulation violations and oil actively discharging.
Cedyco Case Study • Pollution Prevention Regulation violations?
Cedyco Case Study • July 21st 2008, USCG Sector New Orleans federalized the removal of all bulk oily liquid from the three Cedyco facilities. • Sector New Orleans Opened three federal projects, at the cost of a combined total of $750,000
Bayou DuPont Facility • Substandard Platform that was actively discharging oil from various locations • Storing oil and transferring oil without a FRP or state permit • Zero pollution preventative measures • State royalty meter from oil wells to flow lines were by passed.
Cedyco Bayou St. Dennis Facility • Substandard concrete barge facility • No FPR or state permit • No pollution prevention measures • Storing oil in barge’s ballast tanks • Active discharge of oil from several locations throughout the facility.
Cedyco Mud Lake Facility • Substandard permanently moored barge facility • No pollution prevention regulations • No FRP • No state permit • Suspected storage location of “royalty meter bypass” oil.
Issues and Concerns • Safety Concerns • Logistics • Legal issues with RP • Political Issues
Safety ConcernsSite Safety Plan: 29CFR1910.120 • Remote location: if somebody was injured it is a long ride to the hospital • Paramedic on scene and medivac contingency plan • Confined space entry: • Air monitoring, confined space entry plan and safety officer on scene • The benzene levels in Bayou St. Dennis’s tanks were 236 ppm
Cedyco Legal Issues • Cedyco Owner, all of a sudden, wanted to play nice with the Coast Guard when he realized that we were taking all the oil. • OPA 90 is quite clear on allowing the O/O to actively participate in the removal action if willing to comply. • Case Manager reports that ES&H has submitted a claim, because they have not been paid from Cedyco. • Recordkeeping of all ISC 214 and all correspondence. Such as Emails, letters, COPT/OSC Orders and phone call logs.
Political Issues • Louisiana DNR was currently in litigation with Cedyco during the time of our investigation/ projects. LA DNR refused to offer assistance during the legal proceedings. • The combination of the three projects, approximately 4000 barrels of oily liquids were recovered from the facilities. 2/3 of the oily liquids were Louisiana sweet crude and recyclable product. Valued at over $150,000.00 • And guess who came over holding their hand out.
Political Issues • The Great State of Louisiana requested to take possession of the recovered oil from the facilities to off set royalties. • BOA Contract saves the day Section I of the BOA contract :The Contractor shall give credit to the Government for cash and trade discounts, rebates, allowances, credits, salvage, the value of any appreciable scrap, commissions, and other amounts that have accrued to the benefit of the Contractor.
Captain of the Port Orders suspending all operations Issued Administrative Orders directing Cedyco to remove all bunk oil from the facilities with USCG and OSRO on scene Sector New Orleans assumed responsibility of removing the bulk oil from the facilities Sector New Orleans confiscated Cedyco’s oil Did not comply with COTP orders Did not comply with Administrative Orders Cedyco attempted to appeal the federalization process Cedyco was very upset USCG CEDYCO
Pending Charges • Environmental Crimes, • Gross Negligence, • Fraud/State Royalty Tax, • Failure to Notify, • False Statements to Law Enforcement Officials
Hot off the Press! • The Judge ruled in favor for LA DNR. • All of Cedyco state leases were revoked • Cedyco is know longer in the Oil Business.
