H-0089.3 _______________________________________________
HOUSE BILL 1042
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Representatives King, Jacobsen, Orr, Springer and Lemmon
Read first time 01/13/93. Referred to Committee on Fisheries & Wildlife.
AN ACT Relating to ballast discharge; amending RCW 88.46.010; adding new sections to chapter 88.46 RCW; creating a new section; and making an appropriation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that the discharge of ballast water and ballast sediments into state waters has the potential to be detrimental to human health, fisheries, and the marine aquatic ecosystem. Ballast water and sediment may contain organisms and pathogens that originate in the waters of other states or countries. Some of these organisms and pathogens have been found to be injurious to human health or the marine aquatic ecosystem. On July 4, 1991, the marine environmental protection committee of the International Maritime Organization adopted resolution MEPC 50(31), "International Guidelines for Preventing the Introduction of Unwanted Aquatic Organisms and Pathogens from Ships' Ballast Water and Sediment Discharges." These international voluntary guidelines are intended for use by mariners and member states to prevent harmful effects of ballast discharge.
The legislature further finds that it is in the best interest of the state to have owner‑operators of vessels comply to the maximum extent practicable with ballast discharge procedures that will reduce the possibility of harmful effects of such discharge. Some appropriate ballast discharge options are described in the international maritime organization guidelines. The legislature declares that an important element in controlling the discharge of ballast is accurate and complete recordkeeping that identifies ballast discharge procedures that are used.
Sec. 2. RCW 88.46.010 and 1992 c 73 s 18 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Administrator" means the administrator of the office of marine safety created in RCW 43.21I.010.
(2) "Best achievable protection" means the highest level of protection that can be achieved through the use of the best achievable technology and those staffing levels, training procedures, and operational methods that provide the greatest degree of protection achievable. The administrator's determination of best achievable protection shall be guided by the critical need to protect the state's natural resources and waters, while considering (a) the additional protection provided by the measures; (b) the technological achievability of the measures; and (c) the cost of the measures.
(3) "Best achievable technology" means the technology that provides the greatest degree of protection taking into consideration (a) processes that are being developed, or could feasibly be developed, given overall reasonable expenditures on research and development, and (b) processes that are currently in use. In determining what is best achievable technology, the administrator shall consider the effectiveness, engineering feasibility, and commercial availability of the technology.
(4) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, of three hundred or more gross tons, including but not limited to, commercial fish processing vessels and freighters.
(5) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.
(6) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.
(7) "Department" means the department of ecology.
(8) "Director" means the director of the department of ecology.
(9) "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
(10)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from a tank vessel or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.
(b) A facility does not include any: (i) Railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state; (ii) retail motor vehicle motor fuel outlet; (iii) facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330; (iv) underground storage tank regulated by the department or a local government under chapter 90.76 RCW; or (v) marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction.
(11) "Guidelines" means "International Guidelines for Preventing the Introduction of Unwanted Aquatic Organisms and Pathogens from Ships' Ballast Water and Sediment Discharges," adopted by the International Maritime Organization July 4, 1991, as resolution MEPC 50(31).
(12) "Marine facility" means any facility used for tank vessel wharfage or anchorage, including any equipment used for the purpose of handling or transferring oil in bulk to or from a tank vessel.
(((12))) (13)
"Navigable waters of the state" means those waters of the state, and
their adjoining shorelines, that are subject to the ebb and flow of the tide
and/or are presently used, have been used in the past, or may be susceptible
for use to transport intrastate, interstate, or foreign commerce.
(((13))) (14)
"Office" means the office of marine safety established by RCW
43.21I.010.
(((14))) (15)
"Oil" or "oils" means any naturally occurring liquid
hydrocarbons at atmospheric temperature and pressure coming from the earth,
including condensate and natural gasoline, and any fractionation thereof,
including, but not limited to, crude oil, petroleum, gasoline, fuel oil, diesel
oil, oil sludge, oil refuse, and oil mixed with wastes other than dredged
spoil. Oil does not include any substance listed in Table 302.4 of 40 C.F.R.
Part 302 adopted August 14, 1989, under section 101(14) of the federal
comprehensive environmental response, compensation, and liability act of 1980,
as amended by P.L. 99‑499.
(((15))) (16)
"Offshore facility" means any facility located in, on, or under any
of the navigable waters of the state, but does not include a facility any part
of which is located in, on, or under any land of the state, other than
submerged land. "Offshore facility" does not include a marine
facility.
(((16))) (17)
"Onshore facility" means any facility any part of which is located
in, on, or under any land of the state, other than submerged land, that because
of its location, could reasonably be expected to cause substantial harm to the
environment by discharging oil into or on the navigable waters of the state or
the adjoining shorelines.
(((17))) (18)(a)
"Owner or operator" means (i) in the case of a vessel, any person
owning, operating, or chartering by demise, the vessel; (ii) in the case of an
onshore or offshore facility, any person owning or operating the facility; and
(iii) in the case of an abandoned vessel or onshore or offshore facility, the
person who owned or operated the vessel or facility immediately before its
abandonment.
(b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.
(((18))) (19)
"Passenger vessel" means a ship of three hundred or more gross tons
with a fuel capacity of at least six thousand gallons carrying passengers for
compensation.
(((19))) (20)
"Person" means any political subdivision, government agency,
municipality, industry, public or private corporation, copartnership,
association, firm, individual, or any other entity whatsoever.
(((20))) (21)
"Ship" means any boat, ship, vessel, barge, or other floating craft
of any kind.
(((21))) (22)
"Spill" means an unauthorized discharge of oil into the waters of the
state.
(((22))) (23)
"Tank vessel" means a ship that is constructed or adapted to carry,
or that carries, oil in bulk as cargo or cargo residue, and that:
(a) Operates on the waters of the state; or
(b) Transfers oil in a port or place subject to the jurisdiction of this state.
(((23))) (24)
"Waters of the state" includes lakes, rivers, ponds, streams, inland
waters, underground water, salt waters, estuaries, tidal flats, beaches and
lands adjoining the seacoast of the state, sewers, and all other surface waters
and watercourses within the jurisdiction of the state of Washington.
(((24))) (25)
"Worst case spill" means: (a) In the case of a vessel, a spill of
the entire cargo and fuel of the vessel complicated by adverse weather
conditions; and (b) in the case of an onshore or offshore facility, the largest
foreseeable spill in adverse weather conditions.
NEW SECTION. Sec. 3. The administrator shall advise the owner or operator of any vessel capable of discharging ballast in Washington state of the availability of the guidelines. The administrator shall encourage the owner and operator of any such vessel to use appropriate procedures described in the guidelines to minimize the detrimental effects of deballasting in Washington's waters. Shipping agents shall make reasonable efforts to facilitate the transfer of information between the administrator and the owner or operator of such vessels.
NEW SECTION. Sec. 4. (1) By January 1, 1994, the administrator, in consultation with the departments of ecology and health and using the guidelines, shall develop a ballast water control report form to obtain information on ballast discharge procedures.
(2) The information on the form may include, but shall not be limited to, the following:
(a) The date;
(b) Vessel identification and port of registry;
(c) The owner or operator and shipping agent;
(d) The presence of the guidelines;
(e) The last port of call and date of departure;
(f) The next port of call and date of arrival;
(g) The quantity and sources of ballast water or sediment carried on arrival in Washington port;
(h) The quantity of ballast water or sediment discharged into or taken from this port before departure;
(i) The type of ballast water control action taken; and
(j) The salinity of ballast water discharged or taken on.
(3) Beginning June 1, 1994, the administrator shall make the form and directions for completion available to the owner or operator of any vessel that is capable of discharging ballast and that calls in Washington for the purpose of discharging or loading cargo or bunkering.
NEW SECTION. Sec. 5. Beginning June 1, 1994, the owner or operator of each vessel that enters a port in Washington and is capable of discharging ballast shall complete and return a ballast water control report form to the office within ten days of entering the port.
NEW SECTION. Sec. 6. The administrator may collect ballast sediment and water samples from any vessel capable of discharging ballast in order to obtain information about the nature of ballast water and sediment. Transport of personnel responsible for sample collection to and from the vessel shall be the responsibility of the administrator. Collection of samples shall not delay the vessel. The administrator shall make reasonable efforts to minimize interference with the normal operation of the vessel during sample collection. The administrator, in cooperation with the departments of ecology and health, shall analyze the information collected in the ballast water control report forms and samples and shall report its findings to the appropriate committees of the legislature by July 1, 1995.
NEW SECTION. Sec. 7. Sections 3 through 6 of this act are each added to chapter 88.46 RCW.
NEW SECTION. Sec. 8. The sum of two hundred fifty-six thousand five hundred eleven dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund for the purposes of this act. Of that amount, two hundred thirty-seven thousand one hundred ten dollars shall be provided to the office of marine safety for the purposes of this act, ten thousand dollars shall be provided to the department of ecology for the purposes of this act, and nine thousand four hundred one dollars shall be provided to the department of health for the purposes of this act.
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