By Joy Tiz —— Bio and Archives--June 21, 2010
The OPA amended the Federal authority in § 311 to respond to spills. Prior to the OPA, § 311 authorized the President to respond to discharges of oil and hazardous substances, but there was significant latitude for private cleanup efforts by the discharger. The OPA amended §311 to mandate the President to take action to ensure ‘effective and immediate removal of a discharge, and mitigation or prevention of a substantial threat of a discharge, of oil or a hazardous substance.’ The President’s removal authority is primarily carried out through the creation and implementation of facility and response plans.
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