Odfjell Terminals (Charleston) LLC. Tariff. Rates, Rules and Regulations Governing Odfjell s Charleston Terminal

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1 Tariff Rates, Rules and Regulations Governing Odfjell s Charleston Terminal Effective January 1, 2014

2 INDEX General Information General Description... ii Hours of Operation... ii Marine Docks... iii Terminal Facilities... iii-v Transloading Facilities... iii Tariff (Rates, Rules and Regulations) Item 1 - Office, Terminal Address, and Contacts... 1 Item 2 - Dock and Facility Usage and Access... 2 A. Definitions B. Terms of Agreement C. Basis of Charges D. Assessment of Charges Item 3 - Layberth of Vessels... 5 Item 4 - Security Item 5 - Foreign Trade Zone... 5 Item 6 - Crew Changes... 5 Item 7 - Deliveries To or From Vessels... 6 Item 8 - Cranes and Other Lifting Equipment... 8 Item 9 - Direct Transfer & Transloading Services... 8 Item 10 - Bunkers and Fuel Oil Item 11 - Fresh Water Item 12 - Deionized Water Item 13 - Booming Item 14 - Vessel Mooring Line Handling Item 15 - Vapor and Emission Control Item 16 - Nitrogen Purging Services Item 17 - MARPOL and Other Wastes Item 18 - Other Services Item 19 - Tank Cleaning Item 20 - Insurance Item 21 - Payment Conditions Item 22 - Amendment to Tariff Effective: January 1, 2014 Page i

3 GENERAL INFORMATION General Description: Odfjell Terminals (Charleston) LLC herein referred to as OTC, is a subsidiary of Odfjell USA, Inc., and is located at 1003 East Montague Avenue, North Charleston, South Carolina OTC s terminal is situated at the banks of the Cooper River in the Port of Charleston, South Carolina, USA. OTC opened in 2014 and offers a variety of services to chemical producers, traders, and distributors, which includes storage and distribution of bulk liquid chemicals, acids, edible oil, and petroleum products in the south-eastern United States with access via marine, rail, truck and pipeline. OTC also offers facilities for the marine carriers, which include, nitrogen, vapor flaring, minor repairs. Taking vessel stores and provisions is also permitted by barge if no river traffic. Bunkering may take place by barge with prior arrangement provided vessel and bunker barge are boomed and there is to be no passing river traffic during the entire operation. In line with Odfjell s industry-leading corporate QHSE standards, OTC is working to obtain ISO and Responsible Care Partner accreditation. OTC is an active member of various local community and industry related advisory panels and associations. Hours of Operation: OTC s normal business hours are from 08:00 to 16:30 EST, Monday through Friday, scheduled holidays excepted (note: OTC is supported through Odfjell s corporate offices in Houston, Texas). OTC shall remain open for truck and rail operations from the hours of 06:00 to 18:00 EST, seven (7) days per week. Terminal staff shall be made available for vessel operations twenty-four (24) hours a day, seven (7) days a week. Overtime charges may apply for operations occurring outside normal business hours. The following is a list of observed Odfjell holidays: New Year s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. Effective: January 1, 2014 Page ii

4 Marine Docks: OTC maintains One (1) Ship dock. OTC s official waterfront restrictions are as follows: LOA: 700 feet (can accommodate larger vessels under specific conditions, without guarantee) Draft: 40 feet, subject to confirmation by OTC upon customer request Beam: No restrictions Air Draft: No restrictions Other: No other navigational restrictions are present. Ship dock accesses OTC s terminaling facilities through a network of dedicated and/or multipurpose piggable 316L stainless steel Jetty-Line systems. Terminal Facilities: Current storage capacity at OTC is approximately 500,000 barrels in nine (9) Carbon Steel tanks. Seven (7) of the OTC Chemical storage tanks are built to API-650 standards (pressurized storage tanks) with fixed roofs rated at pressure 1.6 psig. These storage tanks are fitted with sloped tank bottoms providing complete and efficient product removal. Two (2) of the OTC Chemical storage tanks are API-653 basic atmospheric tanks without sloped floors. OTC offers outfitting with heating, chilling, circulation and insulation systems on a customer outfitting reimbursable basis. Storage tanks have automatic emission control and nitrogen compensation systems and are fitted with SAAB tank radar gauging and temperature monitoring systems. Each storage tank has access to marine, rail and truck facilities and can be made to access industrial pipelines. OTC provides excellent facilities for Transloading truck to rail or vice versa. Intermodal and intramodal product transfers can be performed between ships, barges, railcars, trucks, ISO tank containers, and shore tanks in any combination through various 316L stainless steel piggable pipeline systems. OTC has rail access serviced by the CSX and Norfolk Southern Rail Road with its rail address listed as A and road access for truck deliveries with access to the I- 526 D from Virginia Avenue which is the main and only access road permissible for OTC business traffic. Effective: January 1, 2014 Page iii

5 Rail and truck direct transfer facilities to and from vessels, including certified scales for both, are available through 6-inch and 8-inch 316L stainless steel headers also designed for pigging. Product transfer systems include variable speed stainless steel pumps delivering up to 500 cubic meters per hour. Multiple systems can be operated simultaneously to and from the ship dock to minimize vessel demurrage. Nitrogen purging for marine vessels is via pipeline delivering up to a maximum of 105,000 standard cubic feet per hour. A high capacity (2,500m3/hr) Vapor flare is available for vapor control, conditioning and gas freeing of marine vessels through U.S. Coast Guard (USCG) certified vapor control systems with both vapor balancing and flaring capabilities. Foreign Trade Zone (FTZ) status is to be available throughout the entire facility. The Transportation Security Administration (TSA), in coordination with the USCG, developed the Transportation Worker Identification Credential (TWIC) Program in response to the Maritime Security Act of OTC supports and complies in all respects with the TWIC Program and requires all individuals seeking access to the terminal to produce and carry the Credential. Should individuals who are not registered in the TWIC Program require access to the terminal, they should contact the Facility Security Officer (FSO) (see Page 1 herein) for guidance on how to proceed. All visitors to the facility will on their first visit be required to undergo a visual site safety presentation. On completion of the same a photo id card will be issued valid for one year. OTC maintains a USCG Certificate of Adequacy, covering applicable marine terminaling requirements including MARPOL and reception of Annex I, II and V wastes OTC air permits are currently approved to handle a multitude of chemical and petroleum products. Effective: January 1, 2014 Page iv

6 TARIFF (rates, rules and regulations) ITEM 1 - OFFICE AND TERMINAL ADDRESS Corporate Office Address: Space Center Boulevard, Suite 600 Houston, Texas USA Phone: Fax: (713) (713) Interim President: Albert Noggle Vice President Sales & Marketing: William Law Marketing Manager: Arlene Adams Sales Manager: Fermin Navarro Sales Representative: Douglas Cates Commercial Assistant (Inside Sales): Tina Rosenberry Contract Administrator: Edna Kennedy Terminal Address: 1003 East Montague Avenue North Charleston, South Carolina USA Phone: Fax: Em. Sat Phone /8 Terminal Manager: Mel Pinks Regulatory Affairs Manager: Gary Fields Engineering Manager: Glenn Aycock Facility Security Officer: Mel Pinks Rail Deliveries: Norfolk Southern & CSX Railroad Address A , Serving Job/Location Y209 Odfjell Terminals (Charleston) LLC Truck Deliveries: Access by Odfjell Terminals (Charleston) LLC Effective: January 1, 2014 Page 1

7 ITEM 2 DOCK AND FACILITY USAGE AND ACCESS A. Definitions: Dock shall include any wharf, pier, jetty, landing, apron, berth or other stationary structure to which a vessel may make fast to or utilize in the loading or unloading of cargo, bunkers, provisions, spares, packages, pallets or other items. Dockage shall mean charges assessed by OTC to any vessel utilizing OTC facilities, including those used for layberth or lightering operations, however dockage excludes any charges, tariffs, taxes or fines assessed by any other party other than OTC. Facilities shall include all docks, tanks, rail and truck racks, scales, buildings, structures, utilities, equipment, apparatus or service owned by or provided by OTC. Layberth shall mean the use of a dock, as authorized by OTC, for a vessel to remain at for purposes other than the transfer of product from shore. Lightering shall mean the use of OTC facilities for the purpose of transferring product, bunkers, provisions, spares, packages, pallets, drums or other items from one vessel to another vessel while alongside OTC s dock. OTC shall herein refer to Odfjell Terminals (Charleston) LLC User shall herein refer to any vessel, agent, representative, contractor, driver or other person including their vehicles, equipment, apparatus or other items, not directly owned or employed by OTC, for whom services are provided to through the use of OTC facilities. Vessel shall mean any ship, barge, tug, towboat, or other watercraft, self-propelled or non-self-propelled and shall include the owner thereof. Booming shall refer to the floating vessel spill retention equipment positioned around the vessel during liquid transfer operations. B. Terms of Agreement: DOCK USAGE: Any vessels requesting the use of OTC s dock, including for layberth purposes, shall do so with the full understanding and agreement that the terms of this tariff shall be binding and remain in full force whether or not said vessel has been provided a copy of Effective: January 1, 2014 Page 2

8 this tariff. Furthermore, it is understood that such use of docks for layberth purposes shall not interfere with other OTC marine activities. All vessels using OTC docks and facilities shall adhere to any and all governmental or quasi-governmental laws, rules, regulations and statutes and shall include those of OTC. It is also understood and agreed that OTC may, at any time, provide notice requiring any vessel to vacate the dock. A vessel docked at OTC may be required to provide additional personnel in accordance to the Homeland Security Act, which may include but is not limited to continuous duty dock man, deck-watch, gangway guards or divers for underwater inspections. Any costs incurred in providing personnel for these reasons, including the use of OTC personnel, shall be for the User s account. DOCK USE AUTHORIZATION: All vessels must request in writing and receive preauthorization from OTC prior to the use of any OTC docks or facilities. Vessels with cargo or bunker operations are required to provide at least seventy-two, forty-eight, and twenty-four (72, 48, and 24) hours definitive notice of arrival prior to said vessel s estimated arrival time and shall promptly advise OTC of any changes in its scheduled arrival time. After the twentyfour (24) hour notice is given, any delayed change of arrival time greater than twelve (12) hours will incur a minimum charge of six thousand dollars ($6, USD) to compensate the Terminal for personnel time, overtime, and pre-arrival works conducted. REQUEST TO VACATE DOCKS: Upon completion of shore-side cargo and/or bunker operations to a vessel, or any other time as may be required by OTC, OTC may request and said vessel shall, at its own expense, promptly vacate the berth. Any vessel failing to comply with this notice within four (4) hours for ships and one (1) hour for all other vessels including barges shall be subject to a charge of one thousand eight hundred fifty dollars ($1, USD) per hour or portion thereof from the time notice to vacate expires until the dock has been vacated plus any additional charges as applicable. UNAUTHORIZED USE OF MARINE DOCKS OR FACILITIES: Any unauthorized use of OTC docks or facilities shall be subject to a penalty of ten thousand dollars ($10, USD) and shall be charged up to two thousand five hundred dollars ($2, USD) per hour or portion thereof from the time vessel arrives at OTC until said vessel has vacated the dock plus any additional charges as applicable. Effective: January 1, 2014 Page 3

9 ACCESSIBILITY TO FACILITIES: All Users, including any vehicle, truck, carrier, ship chandler, agent, surveyor, or representative, not including their packages, parcels, boxes, drums, pallets or other items, desiring access to the facilities are subject to and shall adhere to all OTC and other entities laws, rules, regulations and statutes, including those of the Marine Terminal Security Act. Furthermore, any User shall possess and provide proof of insurance coverage as may be required by OTC pursuant to Item 20 herein. OTC shall at all times maintain the right to deny access or request immediate removal or departure from its facilities, including the docks, to anyone at any time. All Users are required to attend a facility awareness tutorial, valid for one year, on first call at OTC. RESPONSIBILITY FOR PROPERTY DAMAGE: Users of OTC facilities shall be held responsible for all damage to the property of OTC occasioned by them or their subcontractors, and any such damage shall be repaired with costs of repairs plus twenty percent (20%) administration fee billed against the User responsible for damage. LIABILITY LIMITATION AND INDEMNIFICATION: Except as may be caused by OTC s own sole negligence, User agrees to indemnify and save harmless OTC, its officers, directors, owners, successors, parent, subsidiary and affiliated companies worldwide, assigns, employees, agents, lessees, managers, underwriters and insurers from and against all losses, claims, suits or other demands for damages, including death or personal injury, and including court costs and attorney s fees, incident to or resulting from User or its subcontractors operations on the property of OTC or the use of OTC facilities, including those injuries or property damages caused by the joint or concurring negligent act or omission of OTC or its employees, and upon request by OTC, User shall promptly defend any such demand, claim, cause of action or suit. C. Basis of Charges: Dockage charges shall be based on the Gross Registered Tonnage (GRT) as shown in the vessel or barge particulars. Notwithstanding any other clause herein, the User shall at all times be responsible for any charges, tariffs, taxes, or fines issued by any governmental, quasi-governmental, or other entity or third party that may assess said charges for services performed by or through OTC. Effective: January 1, 2014 Page 4

10 D. Assessment of Charges: Time for assessment of dockage shall begin at the time the vessel first line is made fast at OTC and shall continue until said vessel is freed from and vacates OTC at the time of all lines clear fore and aft. Services provided herein shall be charged as specified as per Item 3 Layberth of Vessels, with time commencing when said service is made available to the User and shall continue until said service is released back to OTC. Any third party charges for the account of User that are invoiced through OTC will be assessed a twenty percent (20%) administration fee. OTC may require prepayment of services based on charges contained herein. ITEM 3 LAYBERTH OF VESSELS Any vessel may request the use of OTC docks for layberthing and said use shall be subject to approval by OTC. Layberth charges apply to vessels which are not performing cargo operations from shore. It is agreed and understood that OTC may require, at any time, that the layberthing vessel vacate the dock as defined in the terms contained herein. Layberth Charges for Vessels and barges Vessels, including barges, shall be charged dockage basis $0.30 USD per ton as determined by the vessel s GRT in metric tons and in the case of barges, long tons, whichever is applicable, charged per twenty-four (24) hour period pro-rata. ITEM 4 SECURITY including TWIC SECURITY All ships calling OTC will be assessed a security fee basis 0.10 United States Dollars per ton of GRT per twenty-four (24) hour day period pro-rata. ITEM 5 - FOREIGN TRADE ZONE OTC operates under Foreign Trade Zone (FTZ) status. ITEM 6 CREW CHANGES Vessels and/or Tug boats may perform crew changes at OTC provided: Effective: January 1, 2014 Page 5

11 OTC s insurance coverage requirements, liability waiver and hold harmless statement, and other required documents are on file at OTC. The vessel and/or tug is involved with loading and/or unloading operations at OTC (including direct over-the-side vessel-to-vessel transfers). A gate-list, containing the name and other credentials for each individual that will be embarking or disembarking the vessel/tug, has been sent to OTC at least twenty-four (24) hours prior to the vessel/tug s arrival. That each person has a valid TWIC card, otherwise, that crew member must be escorted by an individual with a valid TWIC authorized to escort. OTC s wharf delivery receipt is signed by a duly authorized individual. The transport company carrying crew members through OTC has provided OTC with proof of suitable insurance including applicable riders for access OTC. All individuals and their effects, stores, equipment, etc., will be subjected to inspection per OTC s Facility Security Plan. LIABILITY WAIVER AND HOLD HARMLESS STATEMENT It is understood and agreed that Odfjell Terminals (Charleston) LLC ( OTC ) provides this service as a convenience only, and assumes no liability, either express or implied. The customer will defend and hold OTC harmless from any and all damages, claims, expenses, costs (including defense costs), etc., of whatsoever nature that may arise from conducting such crew changes on premises. Should disputes arise, they will be subject to the laws of the State of South Carolina. OTC reserves the right to refuse service at any time, without notice and without explanation. ITEM 7 DELIVERIES TO OR FROM VESSELS OTC may provide facilities and services, including vapor control, for delivery of product, Nitrogen Purging (by pre-arrangement with vessel Owner, Agent, or Charterer), and Fresh Water. These facilities and services are available upon request and are subject to availability and must be preauthorized by OTC. Effective: January 1, 2014 Page 6

12 Any and all laws, rules, regulations or statutes, including those of the Homeland Security Act and OTC s rules and regulations including minimum insurance coverage, shall apply to any vehicle desiring to make deliveries through OTC. The vessel, its agents, owners or representative, is responsible for notification, coordination, and obtaining authoritative permission from any governmental agencies, including but not limited to U.S. Customs or the U.S. Coast Guard, that govern any such delivery or transfer. Any costs associated with third party or other services incurred in transfers or deliveries to or from a vessel are for said vessel s account and if charged through OTC will incur a twenty percent (20%) administration fee. OTC reserves the right to control, limit or deny access to OTC s docks of any vehicle performing vessel services. Only authorized vehicles will be allowed on the docks for preapproved transfers and deliveries. Any illegally parked vehicle will be removed at owner s expense. PREAUTHORIZATION BY OTC IS REQUIRED FOR ANY BULK LIQUID TRANSFER, INCLUDING BUT NOT LIMITED TO WATER, LUBE OILS, GAS OIL OR MARPOL, DESIRING TO BE PERFORMED AT OTC FACILITIES. ANY USER DESIRING TO PERFORM AN OVER-THE-WATER TRANSFER SHALL ENSURE THE VEHICLE OR CARRIER IS CERTIFIED BY THE U.S. COAST GUARD TO PERFORM SAID TRANSFER. OVER-THE-WATER TRANSFERS SHALL BE PERFORMED IN ACCORDANCE WITH ALL APPLICABLE LAWS, RULES, REGULATIONS AND STATUTES, INCLUDING THOSE OF OTC. FURTHERMORE, THE USER SHALL BE RESPONSIBLE TO PROVIDE SUFFICIENT PERSONNEL TO SAFELY PERFORM AND MONITOR AT ALL TIMES SAID TRANSFER. It is strictly prohibited to deliver any item, including but not limited to intermediate bulk container (IBC) container, drum, package, box, or pallet, at any OTC facility without prior authorization from OTC. Any such item shall be immediately removed to a secure location and inspected or analyzed by a duly authorized governmental agency or other third party entity. All costs associated with the handling, inspection, analysis or disposal of such items shall be charged to the party delivering such item. Any unauthorized deliveries will be assessed a charge of at least ten thousand dollars ($10, USD) per violation with any and all applicable fines, penalties and charges to be paid by the party in breach. Additional restrictions and legal actions may apply. Effective: January 1, 2014 Page 7

13 OTC or its appointed contractor will initiate the clean-up of any spilled product or material caused by the vessel or its suppliers/receivers. All cost for such clean-up will be charged to the User at cost plus twenty percent (20%) administrative fee. Any tank truck delivering bulk liquids including product, water, lube oil, gasoline, diesel, MARPOL classified waste, etc., must be equipped with adequate drip pans or retention systems and shall provide sufficient personnel to safely manage said transfer. MARPOL waste to truck or barge See Item 17 ITEM 8 CRANES AND OTHER LIFTING EQUIPMENT The dock at OTC has a fixed telescopic crane, primarily for hose handling. Additionally, a mobile cherry picker crane and a forklift, with operator and riggers, can be made available for vessel services. Larger capacity lifting equipment can be made available through an OTC approved third party vendor. All cost for such third party service will be charged to the User at cost plus twenty percent (20%) administrative fee plus any charges for OTC labor as outlined below. The use of any lifting equipment requires twenty-four (24) hours notice, seventy-two (72) hours for third party vendors, and shall be subject to availability. OTC operator and/or rigger labor charges are included in the below crane and forklift rental charges. ITEM 9 DIRECT TRANSFER & TRANSLOADING SERVICES OTC offers both land and marine based direct transfer operations. OTC s transloading is a bidirectional 316L stainless steel system. The system includes a load-on-scale truck/isotank rack with top and bottom loading and unloading capabilities, two railcar racks with top/bottom loading/unloading capabilities, a variable speed transfer pump and a mass flow product metering system for closed-loading operations. OTC s marine facilities are designed for product and vapor transfers between ships and/or barges. Bulk liquids may be transferred or lightered between vessels directly alongside one another, referred to as board-to-board transfers. Product emissions or vapors are controlled, if required, by either vapor balancing or incineration through flares or thermal oxidizer. OTC s air permit with the South Carolina Department of Health and Environmental Control requires certain products be vapor controlled. The USCG governs how these product vapor transfers are controlled between the vessel and the shore or to another vessel and require that the product be identified on the terminal s USCG Marine Vapor Control List (MVCL). Effective: January 1, 2014 Page 8

14 Furthermore, OTC may require product vapors be controlled due to its toxicity, hazards or offensive odors. All marine vapor controlling must be performed through USCG approved systems and in accordance to any governing laws, rules, regulation or statute. Vapors may be returned to the original unloading vessel by vapor balancing or delivered to one of OTC vapor flare or thermal oxidizer systems. OTC requires advance written notification of all marine lightering operations, by contacting Marine lightering operations may subject approval of United States Coast Guard include bulk products, bulk liquids, or MARPOL materials and include deliveries occurring via board-to-board. All such operations must be preauthorized by OTC at least twenty-four (24) hours in advance. A penalty is applicable for any unauthorized marine lightering operation. All lightering transfer equipment shall be provided by the User and shall meet all regulatory requirements. All lightering operations are subject to a layberth fee if shore side cargoes are not being transferred. See Item 3 Layberth of Vessels for applicable per diem fees. OTC is prohibited from providing vapor or product transfer hoses for any product transfers performed board-to-board. Because of vapor control and permit regulations, unauthorized lightering is a serious violation at OTC. Unauthorized lightering will be assessed a penalty charge of at least $10, per violation with any and all additional fines, penalties and throughput charges to be paid by the party in breach. Additional legal actions may apply. Transfers between Ship and Barge via Board-to-Board OTC policies prohibit it from providing hoses or personnel for board-to-board operations. Arrangement of transfer hoses and personnel is strictly the responsibility of the vessel, barge company, or customer. Base cost for board-to-board transfers: Up to 1, metric tons: $3, (minimum charge) 1, to 2,500 metric tons: $ 3.50 per metric ton 2,501-5,000 metric tons: $ 3.24 per metric ton 5,001 and over Will be negotiated separately Transfers between Ship to Ship OTC may, subject to USCG approval, perform Ship-to-Ship via Board-to-Board. The requirements for this type of operation are extensive and therefore any User desiring this service must contact OTC Sales for a quotation. Effective: January 1, 2014 Page 9

15 Transfers between Railcar to Ship and Ship to Railcar or Truck For inquiries, contact OTC sales at for rail to vessel transfers. Due to USCG regulations, we are not permitted to clear dock lines to the ship. Product remaining in the dock line will be cleared back to a railcar or truck. ITEM 10 BUNKERS AND FUEL OIL OTC does not typically allow bunker barges alongside a vessel for direct transfer. All boardto-board bunker operations will require special permission from OTC and must be performed in accordance to all laws, rules, regulations and statutes and are subject to terms and penalty charges as per Item 9 above. Vessels calling at OTC for the sole purpose of bunkering will be assessed layberth charges as per Item 3 above. Transfer charge: $ 0.87 per barrel, $4, (minimum charge) ITEM 11 FRESH WATER Contact for supply availability. A hook-up fee of $ (for 100MT) will apply. ITEM 12 DEIONIZED WATER OTC has no facilities for producing deionized water. OTC can procure deionized water from a supplier at typically 2 ppm chloride, but does not warrant or guarantee the purity or conductivity of the deionized water supply and verification of it is the responsibility of the User. Charge for DI-water: $ 0.82 per gallon, $ (minimum charge) ITEM 13 BOOMING OTC requires all vessels and barges transferring Annex I products (including bunkers) or Annex II non hygroscopic products with SG < 1.00 t/m3 to be boomed when alongside its dock. Supply of boom in and out is subject to a single charge as below: (SB) SPILL BOOM $ 3, Applicable Annex 1, Annex 2 Nonhygroscopic SG < 1.00 t/m3 Effective: January 1, 2014 Page 10

16 ITEM 14 VESSEL MOORING LINE HANDLING OTC s docks have been designed for easy and fast mooring and unmooring of vessel. All line handling is performed by OTC personnel and must be ordered through the Operations Department at least 4 hours prior to arrival or departure. The following charges include both the mooring and unmooring of a single vessel. A cancellation charge will apply for any cancellations within two (2) hours of the vessel s scheduled arrival or departure time. Mooring and unmooring $ 2, Cancellation charge: $ if < 2 hour notice Reordering: No charge if > 2 hour notice provided ITEM 15 VAPOR AND EMISSION CONTROL OTC can provide flaring of marine vapors by flare / thermal oxidizer at rates from 250 cubic meters up to 2,500cubic meters per hour, respectively, provided User provides at least four (4) hours notice to OTC and product vapors to be controlled are approved by OTC Environmental Health Safety and Quality (ESH&Q) Department. The South Carolina Department of Health and Environmental Control (DHEC) governs emission controls at OTC. The U.S. Coast Guard governs vapor transfers through the certified marine vapor control systems. Additions or modifications to these permits may be required prior to product or vapor transfers. OTC management may require vapor control of products not governed above due to its toxicity, hazards, or odors. Additional terms and conditions apply, including those in Item 9 Lightering. Operating Flare $ per hour or portion thereof ITEM 16 NITROGEN PURGING SERVICES OTC can provide nitrogen at % purity via pipeline up to 105,000 standard cubic feet per hour for the purging of vessels. Nitrogen Charge: $2.30 per 100 standard cubic feet Effective: January 1, 2014 Page 11

17 ITEM 17 - MARPOL AND OTHER WASTES OTC is approved to receive certain wastes from vessels and OTC may assist User with disposal of these wastes. Contact OTC Sales for arrangements and pricing. The method for managing wastes through OTC is to transfer said waste from the vessel into an approved carriers tank trailer. All wastes must be managed in accordance to all applicable laws, rules and regulations, and any additional requirement as specified by OTC. Additional terms and conditions apply as described herein, including those in Item 7 above. Requirements for wastes handled through OTC, including MARPOL I, II and V APHIS: OTC s Res-Par form, including proper documentation identifying all waste constituents, must be completed and submitted to OTC s Operations Department at for review at least forty-eight (48) hours prior to transfer of any wastes. OTC will generate waste manifest and bills of lading as applicable. Throughput for MARPOL Wastes, (excludes disposal, analysis, characterization, consultation, and/or transportation): MARPOL V : MARPOL I and II waste to truck: All other wastes: $ 1, per service Evaluated on a case-by-case basis Contact OTC Sales The User is responsible for any and all charges and to ensure compliance with all laws, rules and regulations for handling any wastes through OTC. Any third party costs charged through OTC will be charged back to the User at cost plus a twenty percent (20%) administrative fee. ITEM 18 OTHER SERVICES Any third party service provided on Customer s behalf will be assessed a twenty percent (20%) administration fee. OTC labor charges are as follows: Man Hours/Labor: Regular time ( hours): $ per hour or portion thereof Overtime ( hours): $ per hour or portion thereof Cancelled call-out charge: $ per operator Effective: January 1, 2014 Page 12

18 ITEM 19 - TANK CLEANING AND INTERTANK TRANSFERS OTC has recently performed a risk analysis concerning on-board vessel operations while at dock and this analysis has indicated some areas of concern. There are a number of operations that take place on the vessel that does not include the Terminal but can have negative impacts to the terminal if an upset in these operations was to occur. The particular areas of concern for OTC are vessel tank cleaning and inter tank transfers operations onboard the vessel while at our facility. In this day of environmental sensitivity it is our responsibility to ensure that these operations do not pose a threat to Odfjell employees, our neighbors, or the environment. OTC management must approve all tank cleaning operations and tank transfer operations aboard the vessels while at dock. The request to perform one or both of these operations must also be accompanied with the procedure for the operation and this request must be made to the terminal in writing at least twenty-four (24) hours prior to activity commencing. OTC management will evaluate the activity and determine if the risk of the operation is acceptable or not. Failure to abide by this process could result in penalties per OTC Tariff and regulatory enforcement. ITEM 20 - INSURANCE All parties desiring to enter the facility must execute OTC s Agreement of Insurance Coverage, and provide a Certificate of Insurance evidencing coverage as listed below. Please contact the FSO to put the agreement in place prior to entry. Odfjell Insurance Requirements for Terminal Access: A. Workers Compensation Insurance - Including Occupational Disease, in accordance with the laws of the State of South Carolina, U.S. Longshore and Harbor Workers Compensation Act, Employers Liability Insurance, and Maritime Employers Liability (if applicable) with limits of $1,000,000 per person per occurrence. B. Commercial General Liability Insurance - Including, but not limited to, contractual liability with a limit of not less than $1,000,000 for any one occurrence, and $2,000,000 Aggregate. For Carriers, the applicable limit is $2,000,000 in any one occurrence. C. Automobile Liability Insurance - Covering owned, non-owned, hired and all vehicles used by COMPANY with a limit of not less than $1,000,000 applicable to bodily injury, sickness, Effective: January 1, 2014 Page 13

19 or death and loss or damage to property in any one occurrence. For Carriers, the applicable limit is $2,000,000 in any one occurrence. D. Subrogation - All policies identified in A, B, and C above shall be endorsed to provide that underwriters and insurance companies of COMPANY shall not have any right of subrogation against Odfjell, its owners, employees, invitees, servants, or underwriters, or the insurance companies of any of the foregoing. E. Certificates - COMPANY shall furnish Certificates of Insurance to Odfjell evidencing the insurance and waiver of subrogation required by A, B, C, and D above. In addition, policies under B and C shall list Odfjell as an Additional Assured. The additional assured shall provide identical coverage to Odfjell as is provided to the COMPANY and failure of the provided policy shall be a material breach of the agreement. Policies under A above shall have the Alternate Employer Endorsement. Each certificate shall provide that the broker shall endeavor to provide not less than thirty (30) days prior written notice to Odfjell in the event of cancellation or material change in the policies. F. Primary Insurance - Any coverage provided Odfjell by COMPANY s insurance is primary insurance and shall not be considered contributory insurance or co-insurance with any insurance policies of Odfjell. G. Subcontractors - Should sub-contractors be permitted to perform any work hereunder requiring their presence on the Odfjell site, COMPANY shall at its own expense provide insurance coverage for such sub-contractors as required under A, B, and C above; or shall have sub-contractors provide Certificates of Insurance with waivers of subrogation as required in D and E above, except naming COMPANY and ODFJELL as Additional Insured. ITEM 21 - PAYMENT CONDITIONS OTC payment terms are net ten (10) days subject to interest bearing penalty at rate 30% per annum pro-rated across time invoice payment is late. OTC maintains the right to refuse credit to any user and to require prepayment for any requested services. Payment should be remitted to: Electronic Payment Instructions: Suntrust Bank ACH (preferred method of payment): Account: Odfjell Terminals (Charleston) LLC Account Number ABA Routing Number: Effective: January 1, 2014 Page 14

20 Or Lockbox: Odfjell Terminals (Charleston) LLC P.O. Box Atlanta, Georgia ITEM 22 - AMENDMENT TO TARIFF OTC reserves the right to amend this tariff and rates contained therein at any time without prior notice. Effective: January 1, 2014 Page 15