Article 155. National System of Preparedness and Response for Oil spill Response at sea, inland Waters and in the Protection Zone Code on Subsoil and Subsoil Use Republic of Kazakhstan
1. Personnel, vessels, equipment, chemicals and other materials used in oil spill response are recognized as resources for oil spill response at sea, inland waters and in the safety zone.
2. Facilities that carry the risk of oil spills include offshore facilities, seaports, and ships.
3. Provision of preparedness and response measures for oil spills at sea, inland waters and in the safety zone is carried out depending on the estimated volume of oil spills at the following levels:
The first level is minor oil spills (not exceeding ten tons of oil) that can be eliminated by the resources available at the facility that carries oil spill risks.;
The second level is moderate (medium) oil spills (from ten tons to two hundred and fifty tons), for the elimination of which, in addition to the resources of the facility that carries the risk of an oil spill, resources from the shore are attracted.;
The third level is large oil spills (from two hundred and fifty tons or more), for the elimination of which, in addition to the resources of the facility that carries the risk of an oil spill and resources from the shore, available resources in the country and international resources are involved.
Based on the risk assessment, the identified volumes of a possible oil spill may be higher than those indicated by three levels. The amount of resources should correspond to the level of probable oil spill risk.
4. The national system for ensuring Preparedness and Response to Oil spills at Sea, inland waters and in the safety zone includes:
1) the national plan for preparedness and action to eliminate oil spills at sea, inland waters and in the protective zone of the Republic of Kazakhstan (hereinafter referred to as the national plan), approved by the authorized body in the field of hydrocarbons jointly with authorized bodies in the field of civil protection and merchant shipping;
2) territorial plans for preparedness and actions to eliminate oil spills at sea, inland waters and in the protective zone of the regions, developed on the basis of the national plan by the territorial divisions of the department of the authorized body in the field of civil protection and approved by the local executive bodies of the relevant regions;
3) facility plans – plans to ensure preparedness and response to oil spills at sea, inland waters and in the safety zone, developed by the owners of facilities bearing the risk of an oil spill, with the exception of ship owners, on the basis of national and territorial plans of the relevant areas, as well as on the basis of an assessment of the risk of oil spills and an analysis of the total environmental benefits that are coordinated with the relevant territorial subdivision of the authorized body in the field of civil protection;
4) shipboard emergency plans to combat oil pollution, developed in accordance with the International Convention for the Prevention of Pollution from Ships of 1973, as amended by the Protocol of 1978 (MARPOL 73/78).
5. The State bodies responsible for the implementation of the national plan are:
1) the authorized body in the field of hydrocarbons is responsible for ensuring the readiness of subsurface users to eliminate oil spills.;
2) the authorized body in the field of merchant shipping is responsible for ensuring the readiness of seaports and ships to eliminate oil spills.;
3) authorized body in the field of civil protection – for receiving and transmitting information about oil spills, conducting exercises and trainings, as well as for prompt actions to eliminate oil spills, actions to seek international assistance and for providing assistance to other countries if requested.
6. The facility plans are approved by the owners of the facilities bearing the risk of an oil spill, after coordination with the territorial subdivision of the authorized body in the field of civil protection and are notified to the authorized body in the field of hydrocarbons within ten working days from the date of approval.
The deadline for approving the object plan with the territorial divisions of the authorized bodies in the field of environmental protection and civil protection should not exceed thirty calendar days from the date of application.
Facility plans can be combined if the owner has several facilities that carry the risk of an oil spill.
7. The procedure for developing and approving shipboard emergency plans to combat oil pollution is determined by the International Convention for the Prevention of Pollution from Ships of 1973, as amended by the Protocol of 1978 (MARPOL 73/78).
8. The plan of an offshore facility is approved by the subsurface user after coordination with the territorial divisions of the authorized bodies in the field of environmental protection and civil protection and is notified to the authorized body in the field of hydrocarbons within three working days from the date of approval.
9. The territorial plan of the relevant area is put into effect in the following cases::
1) the oil spill has reached the second level and the resources of the subsurface user and (or) the specialized organization involved in the elimination of oil spills at sea are insufficient to eliminate it.;
2) the spill occurred from a ship or there is a threat of an oil spill on the ship;
3) an oil spill of unknown origin has been detected;
4) the oil spill poses a threat of pollution of the protected area of the Caspian Sea;
5) the oil spill began to spread to the territory of the adjacent region.
10. The national Plan is put into effect in the following cases::
1) the oil spill has reached the third level and assistance is required in organizing the arrival of international resources to eliminate oil spills;
2) the oil spill has not reached the third level, but poses a threat of pollution of the protected area of the Caspian Sea;
3) the oil spill began to spread to the territory of the neighboring state.
11. The head of the oil spill response is:
1) in case of oil spills of the first level – the owner of the facility that carries the risk of an oil spill, or a specialized organization engaged by him to eliminate oil spills at sea;
2) in case of second-level oil spills:
before the territorial plan of the relevant area is put into effect, the owner of the facility that carries the risk of an oil spill, or a specialized organization involved in the elimination of oil spills at sea.;
after the territorial plan of the relevant region is put into effect, an official appointed by the akim of the region;
3) in case of oil spills of the third level – an official of the authorized body in the field of civil protection appointed by the Prime Minister of the Republic of Kazakhstan.
The interdepartmental State Commission for the Prevention and Elimination of Emergency Situations is responsible for the functions of the advisory body for the elimination of third-level oil spills within the framework of the national plan.
12. The requirements of this article also apply to individuals and legal entities engaged in activities related to the risk of an oil spill at sea, with the exception of persons whose facilities are subject to the International Convention for the Prevention of Pollution from Ships of 1973, as amended by the Protocol of 1978 (MARPOL 73/78).
The footnote. Article 155 as amended by the Law of the Republic of Kazakhstan dated 01/02/2021 No. 401-VI (effective from 07/01/2021).
President
Republic of Kazakhstan
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