AN
ACT Relating to technical and clarifying amendments relating to the oil spill
prevention and response statutes; amending RCW 88.46.010, 88.46.020, 88.46.030,
88.46.040, 88.46.050, 88.46.060, 88.46.070, 88.46.080, 88.46.090, 88.46.100,
88.46.120, 88.46.160, 88.46.170, 88.46.200, 90.56.010, 90.56.060, 90.56.080,
90.56.100, 90.56.200, 90.56.210, 90.56.370, 90.56.510, 90.56.540, 90.56.560,
82.23B.020, 43.21I.010, 43.21I.030, 43.21I.040, 88.40.011, 88.40.020,
88.40.030, 88.40.040, 90.56.310, and 43.21I.005; creating a new section;
decodifying RCW 43.21I.005, 88.46.150, 88.46.924, 88.46.925, and 88.46.927; and
repealing RCW 88.46.140, 90.56.903, and 88.46.922.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. 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))
director'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)))
(2) "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)) director shall consider the effectiveness,
engineering feasibility, and commercial availability of the technology.
(((4)))
(3) "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)))
(4) "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)))
(5) "Covered vessel" means a tank vessel, cargo vessel, or
passenger vessel.
(((7)))
(6) "Department" means the department of ecology.
(((8)))
(7) "Director" means the director of the department of
ecology.
(((9)))
(8) "Discharge" means any spilling, leaking, pumping, pouring,
emitting, emptying, or dumping.
(((10)))
(9)(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)))
(10) "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)))
(11) "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)
"Office" means the office of marine safety established by RCW
43.21I.010.
(14))) (12)
"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)))
(13) "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)))
(14) "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)))
(15)(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)))
(16) "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)))
(17) "Person" means any political subdivision, government
agency, municipality, industry, public or private corporation, copartnership,
association, firm, individual, or any other entity whatsoever.
(((20)))
(18) "Ship" means any boat, ship, vessel, barge, or other
floating craft of any kind.
(((21)))
(19) "Spill" means an unauthorized discharge of oil into the
waters of the state.
(((22)))
(20) "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)))
(21) "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)))
(22) "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.
Sec.
2. RCW
88.46.020 and 1991 c 200 s 415 are each amended to read as follows:
In
carrying out the purposes of this chapter, including the adoption of rules for
contingency plans, the ((administrator)) director shall to the
greatest extent practicable implement this chapter in a manner consistent with
federal law.
Sec.
3. RCW
88.46.030 and 1991 c 200 s 416 are each amended to read as follows:
(1)
All tank vessels entering the navigable waters of the state shall be subject to
inspection to assure that they comply with all applicable federal and state
standards.
(2)
The ((office)) department shall review the tank vessel inspection
programs conducted by the United States coast guard and other federal agencies
to determine if the programs as actually operated by those agencies provide the
best achievable protection to the waters of the state. If the ((office))
department determines that the tank vessel inspection programs conducted
by these agencies are not adequate to protect the state's waters, it shall
adopt rules for a state tank vessel inspection program. The ((office)) department
shall adopt rules providing for a random review of individual tank vessel
inspections conducted by federal agencies. The ((office)) department
may accept a tank vessel inspection report issued by another state if that
state's tank vessel inspection program is determined by the ((office)) department
to be at least as protective of the public health and the environment as the
program adopted by the ((office)) department.
(3)
The state tank vessel inspection program shall ensure that all tank vessels
entering state waters are inspected at least annually. To the maximum extent
feasible, the state program shall consist of the monitoring of existing tank
vessel inspection programs conducted by the federal government. The ((office))
department shall consult with the coast guard regarding the tank vessel
inspection program. Any tank vessel inspection conducted pursuant to this
section shall be performed during the vessel's scheduled stay in port.
(4)
Any violation of coast guard or other federal regulations uncovered during a
state tank vessel inspection shall be immediately reported to the appropriate
agency.
Sec.
4. RCW
88.46.040 and 1991 c 200 s 417 are each amended to read as follows:
(1)
The owner or operator for each tank vessel shall prepare and submit to the ((office))
department an oil spill prevention plan in conformance with the
requirements of this chapter. The plans shall be submitted to the ((office))
department in the time and manner directed by the ((office, but not
later than January 1, 1993)) department. The spill prevention plan
may be consolidated with a spill contingency plan submitted pursuant to RCW
88.46.060. The ((office)) department may accept plans prepared
to comply with other state or federal law as spill prevention plans to the
extent those plans comply with the requirements of this chapter. The ((office))
department, by rule, shall establish standards for spill prevention
plans. ((The rules shall be adopted not later than July 1, 1992.))
(2)
The spill prevention plan for a tank vessel or a fleet of tank vessels operated
by the same operator shall:
(a)
Establish compliance with the federal oil pollution act of 1990 and state and
federal financial responsibility requirements, if applicable;
(b)
State all discharges of oil of more than twenty-five barrels from the vessel
within the prior five years and what measures have been taken to prevent a
reoccurrence;
(c)
Describe all accidents, collisions, groundings, and near miss incidents in
which the vessel has been involved in the prior five years, analyze the causes,
and state the measures that have been taken to prevent a reoccurrence;
(d)
Describe the vessel operations with respect to staffing standards;
(e)
Describe the vessel inspection program carried out by the owner or operator of
the vessel;
(f)
Describe the training given to vessel crews with respect to spill prevention;
(g)
Establish compliance with federal drug and alcohol programs;
(h)
Describe all spill prevention technology that has been incorporated into the
vessel;
(i)
Describe the procedures used by the vessel owner or operator to ensure English
language proficiency of at least one bridge officer while on duty in waters of
the state;
(j)
Describe relevant prevention measures incorporated in any applicable regional
marine spill safety plan that have not been adopted and the reasons for that
decision; and
(k)
Include any other information reasonably necessary to carry out the purposes of
this chapter required by rules adopted by the ((office)) department.
(3)
The ((office)) department shall only approve a prevention plan if
it provides the best achievable protection from damages caused by the discharge
of oil into the waters of the state and if it determines that the plan meets
the requirements of this section and rules adopted by the ((office)) department.
(4)
Upon approval of a prevention plan, the ((office)) department
shall provide to the person submitting the plan a statement indicating that the
plan has been approved, the vessels covered by the plan, and other information
the ((office)) department determines should be included.
(5)
The approval of a prevention plan shall be valid for five years. An owner or
operator of a tank vessel shall notify the ((office)) department
in writing immediately of any significant change of which it is aware affecting
its prevention plan, including changes in any factor set forth in this section
or in rules adopted by the ((office)) department. The ((office))
department may require the owner or operator to update a prevention plan
as a result of these changes.
(6)
The ((office)) department by rule shall require prevention plans
to be reviewed, updated, if necessary, and resubmitted to the ((office))
department at least once every five years.
(7)
Approval of a prevention plan by the ((office)) department does
not constitute an express assurance regarding the adequacy of the plan nor
constitute a defense to liability imposed under this chapter or other state
law.
(8)
This section does not authorize the ((office)) department to
modify the terms of a collective bargaining agreement.
Sec.
5. RCW
88.46.050 and 1992 c 73 s 19 are each amended to read as follows:
(1)
In order to ensure the safety of marine transportation within the navigable
waters of the state and to protect the state's natural resources, the ((administrator))
department shall adopt rules ((by July 1, 1992,)) for determining
whether cargo vessels and passenger vessels entering the navigable waters of
the state pose a substantial risk of harm to the public health and safety and
the environment.
(2)
The rules ((adopted by the administrator pursuant to this section)) may
include((, but are not limited to the following)):
(a)
Examining available information sources for evidence that a cargo or passenger
vessel may pose a substantial risk to safe marine transportation or the state's
natural resources. Information sources may include: Vessel casualty lists,
United States coast guard casualty reports, maritime insurance ratings, the
index of contingency plans compiled by the department of ecology, other data
gathered by the ((office or the)) maritime commission, or any other
resources;
(b)
Requesting the United States coast guard to deny a cargo vessel or passenger
vessel entry into the navigable waters of the state, if the vessel poses a
substantial environmental risk;
(c)
Notifying the state's spill response system that a cargo or passenger vessel
entering the state's navigable waters poses a substantial environmental risk;
(d)
Inspecting a cargo or passenger vessel that may pose a substantial
environmental risk, to determine whether the vessel complies with applicable
state or federal laws. Any vessel inspection conducted pursuant to this
section shall be performed during the vessel's scheduled stay in port; and
(e)
Enforcement actions.
Sec.
6. RCW
88.46.060 and 1995 c 148 s 3 are each amended to read as follows:
(1)
Each covered vessel shall have a contingency plan for the containment and
cleanup of oil spills from the covered vessel into the waters of the state and
for the protection of fisheries and wildlife, natural resources, and public and
private property from such spills. The ((office)) department
shall by rule adopt and periodically revise standards for the preparation of
contingency plans. The ((office)) department shall require
contingency plans, at a minimum, to meet the following standards:
(a)
Include full details of the method of response to spills of various sizes from
any vessel which is covered by the plan;
(b)
Be designed to be capable in terms of personnel, materials, and equipment, of
promptly and properly, to the maximum extent practicable, as defined by the ((office))
department, removing oil and minimizing any damage to the environment
resulting from a worst case spill;
(c)
Provide a clear, precise, and detailed description of how the plan relates to
and is integrated into relevant contingency plans which have been prepared by
cooperatives, ports, regional entities, the state, and the federal government;
(d)
Provide procedures for early detection of spills and timely notification of
such spills to appropriate federal, state, and local authorities under
applicable state and federal law;
(e)
State the number, training preparedness, and fitness of all dedicated,
prepositioned personnel assigned to direct and implement the plan;
(f)
Incorporate periodic training and drill programs to evaluate whether personnel
and equipment provided under the plan are in a state of operational readiness
at all times;
(g)
Describe important features of the surrounding environment, including fish and
wildlife habitat, environmentally and archaeologically sensitive areas, and
public facilities. The departments of ecology, fish and wildlife, and natural
resources, and the office of archaeology and historic preservation, upon
request, shall provide information that they have available to assist in
preparing this description. If the office ((has)) of marine safety
adopted rules for contingency plans prior to July 1, 1992, the description of
archaeologically sensitive areas shall only be required when the ((office))
department revises the rules for contingency plans after July 1, 1992.
The description of archaeologically sensitive areas shall not be required to be
included in a contingency plan until it is reviewed and updated pursuant to
subsection (9) of this section;
(h)
State the means of protecting and mitigating effects on the environment,
including fish, marine mammals, and other wildlife, and ensure that implementation
of the plan does not pose unacceptable risks to the public or the environment;
(i)
Establish guidelines for the use of equipment by the crew of a vessel to
minimize vessel damage, stop or reduce any spilling from the vessel, and, only
when appropriate and only when vessel safety is assured, contain and clean up
the spilled oil;
(j)
Provide arrangements for the prepositioning of spill containment and cleanup
equipment and trained personnel at strategic locations from which they can be
deployed to the spill site to promptly and properly remove the spilled oil;
(k)
Provide arrangements for enlisting the use of qualified and trained cleanup
personnel to implement the plan;
(l)
Provide for disposal of recovered spilled oil in accordance with local, state,
and federal laws;
(m)
Until a spill prevention plan has been submitted pursuant to RCW 88.46.040,
state the measures that have been taken to reduce the likelihood that a spill
will occur, including but not limited to, design and operation of a vessel,
training of personnel, number of personnel, and backup systems designed to
prevent a spill;
(n)
State the amount and type of equipment available to respond to a spill, where
the equipment is located, and the extent to which other contingency plans rely
on the same equipment; and
(o)
If the department ((of ecology)) has adopted rules permitting the use of
dispersants, the circumstances, if any, and the manner for the application of
the dispersants in conformance with the department's rules.
(2)(a)
The owner or operator of a tank vessel of three thousand gross tons or more
shall submit a contingency plan to the ((office)) department
within six months after the ((office)) department adopts rules
establishing standards for contingency plans under subsection (1) of this
section.
(b)
Contingency plans for all other covered vessels shall be submitted to the ((office))
department within eighteen months after the ((office)) department
has adopted rules under subsection (1) of this section. The ((office)) department
may adopt a schedule for submission of plans within the eighteen-month period.
(3)(a)
The owner or operator of a tank vessel or of the facilities at which the vessel
will be unloading its cargo, or a Washington state nonprofit corporation
established for the purpose of oil spill response and contingency plan coverage
and of which the owner or operator is a member, shall submit the contingency
plan for the tank vessel. Subject to conditions imposed by the ((office))
department, the owner or operator of a facility may submit a single
contingency plan for tank vessels of a particular class that will be unloading
cargo at the facility.
(b)
The contingency plan for a cargo vessel or passenger vessel may be submitted by
the owner or operator of the cargo vessel or passenger vessel, by the agent for
the vessel resident in this state, or by a Washington state nonprofit
corporation established for the purpose of oil spill response and contingency
plan coverage and of which the owner or operator is a member. Subject to
conditions imposed by the ((office)) department, the owner,
operator, or agent may submit a single contingency plan for cargo vessels or
passenger vessels of a particular class.
(c)
A person who has contracted with a covered vessel to provide containment and
cleanup services and who meets the standards established pursuant to RCW
90.56.240, may submit the plan for any covered vessel for which the person is
contractually obligated to provide services. Subject to conditions imposed by
the ((office)) department, the person may submit a single plan
for more than one covered vessel.
(4)
A contingency plan prepared for an agency of the federal government or another
state that satisfies the requirements of this section and rules adopted by the
((office)) department may be accepted by the ((office)) department
as a contingency plan under this section. The ((office)) department
shall assure that to the greatest extent possible, requirements for contingency
plans under this section are consistent with the requirements for contingency
plans under federal law.
(5)
In reviewing the contingency plans required by this section, the ((office))
department shall consider at least the following factors:
(a)
The adequacy of containment and cleanup equipment, personnel, communications
equipment, notification procedures and call down lists, response time, and
logistical arrangements for coordination and implementation of response efforts
to remove oil spills promptly and properly and to protect the environment;
(b)
The nature and amount of vessel traffic within the area covered by the plan;
(c)
The volume and type of oil being transported within the area covered by the
plan;
(d)
The existence of navigational hazards within the area covered by the plan;
(e)
The history and circumstances surrounding prior spills of oil within the area
covered by the plan;
(f)
The sensitivity of fisheries and wildlife and other natural resources within
the area covered by the plan;
(g)
Relevant information on previous spills contained in on-scene coordinator
reports prepared by the director; and
(h)
The extent to which reasonable, cost-effective measures to prevent a likelihood
that a spill will occur have been incorporated into the plan.
(6)
The ((office)) department shall approve a contingency plan only
if it determines that the plan meets the requirements of this section and that,
if implemented, the plan is capable, in terms of personnel, materials, and
equipment, of removing oil promptly and properly and minimizing any damage to
the environment.
(7)
The approval of the contingency plan shall be valid for five years. Upon
approval of a contingency plan, the ((office)) department shall
provide to the person submitting the plan a statement indicating that the plan
has been approved, the vessels covered by the plan, and other information the
((office)) department determines should be included.
(8)
An owner or operator of a covered vessel shall notify the ((office)) department
in writing immediately of any significant change of which it is aware affecting
its contingency plan, including changes in any factor set forth in this section
or in rules adopted by the ((office)) department. The ((office))
department may require the owner or operator to update a contingency
plan as a result of these changes.
(9)
The ((office)) department by rule shall require contingency plans
to be reviewed, updated, if necessary, and resubmitted to the ((office))
department at least once every five years.
(10)
Approval of a contingency plan by the ((office)) department does
not constitute an express assurance regarding the adequacy of the plan nor
constitute a defense to liability imposed under this chapter or other state
law.
Sec.
7. RCW
88.46.070 and 1992 c 73 s 21 are each amended to read as follows:
(1)
The provisions of prevention plans and contingency plans approved by the ((office))
department pursuant to this chapter shall be legally binding on those
persons submitting them to the ((office)) department and on their
successors, assigns, agents, and employees. The superior court shall have
jurisdiction to restrain a violation of, compel specific performance of, or
otherwise to enforce such plans upon application by the ((office)) department.
The ((office)) department may issue an order pursuant to chapter
34.05 RCW requiring compliance with a contingency plan or a prevention plan and
may impose administrative penalties for failure to comply with a plan.
(2)
If the ((administrator)) director believes a person has violated
or is violating or creates a substantial potential to violate the provisions of
this chapter, the ((administrator)) director shall notify the
person of the ((administrator's)) director's determination by
registered mail. The determination shall not constitute an order or directive
under RCW 43.21B.310. Within thirty days from the receipt of notice of the
determination, the person shall file with the ((administrator)) director
a full report stating what steps have been and are being taken to comply with
the determination of the ((administrator)) director. The ((administrator))
director shall issue an order or directive, as the ((administrator))
director deems appropriate under the circumstances, and shall notify the
person by registered mail.
(3)
If the ((administrator)) director believes immediate action is
necessary to accomplish the purposes of this chapter, the ((administrator))
director may issue an order or directive, as appropriate under the
circumstances, without first issuing a notice or determination pursuant to
subsection (2) of this section. An order or directive issued pursuant to this
subsection shall be served by registered mail or personally upon any person to
whom it is directed.
Sec.
8. RCW
88.46.080 and 1992 c 73 s 22 are each amended to read as follows:
(1)
Except as provided in subsection (2) of this section, it shall be unlawful for
the owner or operator to knowingly and intentionally operate in this state or
on the waters of this state a covered vessel without an approved contingency
plan or an approved prevention plan as required by this chapter, or financial
responsibility in compliance with chapter 88.40 RCW and the federal oil
pollution act of 1990. The first conviction under this section shall be a
gross misdemeanor under chapter 9A.20 RCW. A second or subsequent conviction
shall be a class C felony under chapter 9A.20 RCW.
(2)
It shall not be unlawful for the owner or operator to operate a covered vessel
if:
(a)
The covered vessel is not required to have a contingency plan, spill prevention
plan, or financial responsibility;
(b)
All required plans have been submitted to the ((office)) department
as required by this chapter and rules adopted by the ((office)) department
and the ((office)) department is reviewing the plan and has not
denied approval; or
(c)
The covered vessel has entered state waters after the United States coast guard
has determined that the vessel is in distress.
(3)
A person may rely on a copy of the statement issued by the ((office)) department
pursuant to RCW 88.46.060 as evidence that a vessel has an approved contingency
plan and the statement issued pursuant to RCW 88.46.040 that a vessel has an
approved prevention plan.
(4)
Any person found guilty of willfully violating any of the provisions of this
chapter, or any final written orders or directive of the ((administrator))
director or a court in pursuance thereof shall be deemed guilty of a
gross misdemeanor, as provided in chapter 9A.20 RCW, and upon conviction
thereof shall be punished by a fine of up to ten thousand dollars and costs of
prosecution, or by imprisonment in the county jail for not more than one year,
or by both such fine and imprisonment in the discretion of the court. Each day
upon which a willful violation of the provisions of this chapter occurs may be
deemed a separate and additional violation.
Sec.
9. RCW
88.46.090 and 1992 c 73 s 23 are each amended to read as follows:
(1)
Except as provided in subsection (4) of this section, it shall be unlawful for
a covered vessel to enter the waters of the state without an approved
contingency plan required by RCW 88.46.060, a spill prevention plan required by
RCW 88.46.040, or financial responsibility in compliance with chapter 88.40 RCW
and the federal oil pollution act of 1990. The ((office)) department
may deny entry onto the waters of the state to any covered vessel that does not
have a required contingency or spill prevention plan or financial
responsibility.
(2)
Except as provided in subsection (4) of this section, it shall be unlawful for
a covered vessel to transfer oil to or from an onshore or offshore facility
that does not have an approved contingency plan required under RCW 90.56.210, a
spill prevention plan required by RCW 90.56.200, or financial responsibility in
compliance with chapter 88.40 RCW and the federal oil pollution act of 1990.
(3)
The ((administrator)) director may assess a civil penalty of up
to one hundred thousand dollars against the owner or operator of a vessel who
is in violation of subsection (1) or (2) of this section. Each day that the
owner or operator of a covered vessel is in violation of this section shall be
considered a separate violation.
(4)
It shall not be unlawful for a covered vessel to operate on the waters of the
state if:
(a)
A contingency plan, a prevention plan, or financial responsibility is not
required for the covered vessel;
(b)
A contingency plan and prevention plan has been submitted to the ((office))
department as required by this chapter and rules adopted by the ((office))
department and the ((office)) department is reviewing the
plan and has not denied approval; or
(c)
The covered vessel has entered state waters after the United States coast guard
has determined that the vessel is in distress.
(5)
Any person may rely on a copy of the statement issued by the ((office)) department
to RCW 88.46.060 as evidence that the vessel has an approved contingency plan
and the statement issued pursuant to RCW 88.46.040 as evidence that the vessel
has an approved spill prevention plan.
(6)
Except for violations of subsection (1) or (2) of this section, any person who
violates the provisions of this chapter or rules or orders adopted or issued
pursuant thereto, shall incur, in addition to any other penalty as provided by
law, a penalty in an amount of up to ten thousand dollars a day for each
violation. Each violation is a separate offense, and in case of a continuing
violation, every day's continuance is a separate violation. Every act of
commission or omission which procures, aids, or abets in the violation shall be
considered a violation under the provisions of this subsection and subject to
penalty. The penalty amount shall be set in consideration of the previous
history of the violator and the severity of the violation's impact on public
health and the environment in addition to other relevant factors. The penalty
shall be imposed pursuant to the procedures set forth in RCW 43.21B.300.
Sec.
10. RCW
88.46.100 and 1995 c 391 s 9 are each amended to read as follows:
(1)
In order to assist the state in identifying areas of the navigable waters of
the state needing special attention, the owner or operator of a covered vessel
shall notify the coast guard within one hour:
(a)
Of the disability of the covered vessel if the disabled vessel is within twelve
miles of the shore of the state; and
(b)
Of a collision or a near miss incident within twelve miles of the shore of the
state.
(2)
The state military department and the ((office)) department shall
request the coast guard to notify the state military department as soon as
possible after the coast guard receives notice of a disabled covered vessel or
of a collision or near miss incident within twelve miles of the shore of the
state. The ((office)) department shall negotiate an agreement
with the coast guard governing procedures for coast guard notification to the
state regarding disabled covered vessels and collisions and near miss
incidents.
(3)
The ((office)) department shall prepare a summary of the
information collected under this section and provide the summary to the
regional marine safety committees, the coast guard, and others in order to
identify problems with the marine transportation system.
(4)
For the purposes of this section:
(a)
A tank vessel or cargo vessel is considered disabled if any of the following
occur:
(i)
Any accidental or intentional grounding;
(ii)
The total or partial failure of the main propulsion or primary steering or any
component or control system that causes a reduction in the maneuvering
capabilities of the vessel;
(iii)
An occurrence materially and adversely affecting the vessel's seaworthiness or
fitness for service, including but not limited to, fire, flooding, or collision
with another vessel;
(iv)
Any other occurrence that creates the serious possibility of an oil spill or an
occurrence that may result in such a spill.
(b)
A barge is considered disabled if any of the following occur:
(i)
The towing mechanism becomes disabled;
(ii)
The towboat towing the barge becomes disabled through occurrences defined in
(a) of this subsection.
(c)
A near miss incident is an incident that requires the pilot or master of a
covered vessel to take evasive actions or make significant course corrections
in order to avoid a collision with another ship or to avoid a grounding as
required by the international rules of the road.
(5) Failure of any person to make a report under this section shall
not be used as the basis for the imposition of any fine or penalty.
Sec.
11. RCW
88.46.120 and 1991 c 200 s 425 are each amended to read as follows:
The
((office)) department may adopt rules including but not limited
to standards for spill response equipment to be maintained on tank vessels.
The standards adopted under this section shall be consistent with spill
response equipment standards adopted by the United States coast guard.
Sec.
12. RCW
88.46.160 and 1991 c 200 s 438 are each amended to read as follows:
Any
person or facility conducting ship refueling and bunkering operations, or the
lightering of petroleum products, and any person or facility transferring oil
between an onshore or offshore facility and a tank vessel shall have
containment and recovery equipment readily available for deployment in the
event of the discharge of oil into the waters of the state and shall deploy the
containment and recovery equipment in accordance with standards adopted by the
((office)) department. All persons conducting refueling,
bunkering, or lightering operations, or oil transfer operations shall be
trained in the use and deployment of oil spill containment and recovery
equipment. The ((office)) department shall adopt rules as
necessary to carry out the provisions of this section. The rules shall include
standards for the circumstances under which containment equipment should be
deployed. An onshore or offshore facility shall include the procedures used to
contain and recover discharges in the facility's contingency plan. It is the
responsibility of the person providing bunkering, refueling, or lightering
services to provide any containment or recovery equipment required under this
section. This section does not apply to a person operating a ship for personal
pleasure or for recreational purposes.
Sec.
13. RCW
88.46.170 and 1993 c 162 s 1 are each amended to read as follows:
(1)
The ((office)) department shall establish a field operations
program to enforce the provisions of this chapter. The field operations
program shall include, but is not limited to, the following elements:
(a)
Education and public outreach;
(b)
Review of lightering and bunkering operations to prevent oil spills;
(c)
Evaluation and boarding of tank vessels for compliance with prevention plans
prepared pursuant to this chapter;
(d)
Evaluation and boarding of covered vessels that may pose a substantial risk to
the public health, safety, and the environment;
(e)
Evaluation and boarding of covered vessels for compliance with rules adopted by
the ((office)) department to implement recommendations of
regional marine safety committees; and
(f)
Collection of vessel information to assist in identifying vessels which pose a
substantial risk to the public health, safety, and the environment.
(2)
The ((office)) department shall coordinate the field operations
program with similar activities of the United States coast guard. To the
extent feasible, the ((office)) department shall coordinate its
boarding schedules with those of the United States coast guard to reduce the
impact of boardings on vessel operators, to more efficiently use state and
federal resources, and to avoid duplication of United States coast guard
inspection operations.
(3)
In developing and implementing the field operations program, the ((office))
department shall give priority to activities designed to identify those
vessels which pose the greatest risk to the waters of the state. The ((office))
department shall consult with the marine transportation industry,
individuals concerned with the marine environment, other state and federal
agencies, and the public in developing and implementing the program required by
this section.
Sec.
14. RCW
88.46.200 and 1994 sp.s. c 9 s 854 are each amended to read as follows:
The
((administrator)) director may appoint ad hoc, advisory marine
safety committees to solicit recommendations and technical advice concerning
vessel traffic safety. The ((office)) department may implement
recommendations made in regional marine safety plans that are approved by the
((office)) department and over which the ((office)) department
has authority. If federal authority or action is required to implement the
recommendations, the ((office)) department may petition the
appropriate agency or the congress.
Sec.
15. RCW
90.56.010 and 1992 c 73 s 31 are each amended to read as follows:
For
purposes of this chapter, the following definitions shall apply unless the
context indicates otherwise:
(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 director'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)))
(2) "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 director shall consider the effectiveness, engineering feasibility, and
commercial availability of the technology.
(((4)))
(3) "Board" means the pollution control hearings board.
(((5)))
(4) "Cargo vessel" means a self-propelled ship in commerce,
other than a tank vessel or a passenger vessel, three hundred or more gross
tons, including but not limited to, commercial fish processing vessels and
freighters.
(((6)))
(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.
(((7)))
(6) "Committee" means the preassessment screening committee
established under RCW 90.48.368.
(((8)))
(7) "Covered vessel" means a tank vessel, cargo vessel, or
passenger vessel.
(((9)))
(8) "Department" means the department of ecology.
(((10)))
(9) "Director" means the director of the department of
ecology.
(((11)))
(10) "Discharge" means any spilling, leaking, pumping,
pouring, emitting, emptying, or dumping.
(((12)))
(11)(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) underground storage tank regulated by the department or a local
government under chapter 90.76 RCW; (iii) motor vehicle motor fuel outlet; (iv)
facility that is operated as part of an exempt agricultural activity as
provided in RCW 82.04.330; 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.
(((13)))
(12) "Fund" means the state coastal protection fund as
provided in RCW 90.48.390 and 90.48.400.
(((14)))
(13) "Having control over oil" shall include but not be
limited to any person using, storing, or transporting oil immediately prior to
entry of such oil into the waters of the state, and shall specifically include
carriers and bailees of such oil.
(((15)))
(14) "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.
(((16)))
(15) "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.
(((17)))
(16) "Necessary expenses" means the expenses incurred by the
department and assisting state agencies for (a) investigating the source of the
discharge; (b) investigating the extent of the environmental damage caused by
the discharge; (c) conducting actions necessary to clean up the discharge; (d)
conducting predamage and damage assessment studies; and (e) enforcing the
provisions of this chapter and collecting for damages caused by a discharge.
(((18)))
(17) "Oil" or "oils" means 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.
(((19)))
(18) "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.
(((20)))
(19) "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.
(((21)))
(20)(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.
(((22)))
(21) "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.
(((23)))
(22) "Person" means any political subdivision, government
agency, municipality, industry, public or private corporation, copartnership,
association, firm, individual, or any other entity whatsoever.
(((24)))
(23) "Ship" means any boat, ship, vessel, barge, or other
floating craft of any kind.
(((25)))
(24) "Spill" means an unauthorized discharge of oil or
hazardous substances into the waters of the state.
(((26)))
(25) "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.
(((27)))
(26) "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.
(((28)))
(27) "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.
Sec.
16. RCW
90.56.060 and 1991 c 200 s 107 are each amended to read as follows:
(1)
The department shall prepare and annually update a state-wide master oil and
hazardous substance spill prevention and contingency plan. In preparing the
plan, the department shall consult with an advisory committee representing
diverse interests concerned with oil and hazardous substance spills, including
((the office of marine safety,)) the United States coast guard, the
federal environmental protection agency, state agencies, local governments,
port districts, private facilities, environmental organizations, oil companies,
shipping companies, containment and cleanup contractors, tow companies, and
hazardous substance manufacturers.
(2)
The state master plan prepared under this section shall at a minimum:
(a)
Take into consideration the elements of oil spill prevention and contingency
plans approved or submitted for approval pursuant to this chapter and chapter
88.46 RCW and oil and hazardous substance spill contingency plans prepared
pursuant to other state or federal law or prepared by federal agencies and
regional entities;
(b)
State the respective responsibilities as established by relevant statutes and
rules of each of the following in the prevention of and the assessment,
containment, and cleanup of a worst case spill of oil or hazardous substances
into the environment of the state: (i) State agencies; (ii) local governments;
(iii) appropriate federal agencies; (iv) facility operators; (v) property
owners whose land or other property may be affected by the oil or hazardous
substance spill; and (vi) other parties identified by the department as having
an interest in or the resources to assist in the containment and cleanup of an
oil or hazardous substance spill;
(c)
State the respective responsibilities of the parties identified in (b) of this
subsection in an emergency response;
(d)
Identify actions necessary to reduce the likelihood of spills of oil and
hazardous substances;
(e)
Identify and obtain mapping of environmentally sensitive areas at particular
risk to oil and hazardous substance spills; and
(f)
Establish an incident command system for responding to oil and hazardous
substances spills.
(3)
In preparing and updating the state master plan, the department shall:
(a)
Consult with federal, provincial, municipal, and community officials, other
state agencies, the state of Oregon, and with representatives of affected
regional organizations;
(b)
Submit the draft plan to the public for review and comment;
(c)
Submit to the appropriate standing committees of the legislature for review,
not later than November 1 of each year, the plan and any annual revision of the
plan; and
(d)
Require or schedule unannounced oil spill drills as required by RCW 90.56.260
to test the sufficiency of oil spill contingency plans approved under RCW
90.56.210.
Sec.
17. RCW
90.56.080 and 1991 c 200 s 109 are each amended to read as follows:
((Not
later than twelve months after May 15, 1991,)) The division of fire
protection services shall establish and manage the Washington oil and hazardous
substances incident response training and education program to provide approved
classes in hazardous substance response, taught by trained instructors. To
carry out this program, the division of fire protection services shall:
(1)
Adopt rules necessary to implement the program;
(2)
Establish a training and education program by developing the curriculum to be
used in the program in colleges, academies, and other educational institutions;
(3)
Provide training to local oil and hazardous materials emergency response
personnel; and
(4)
Establish and collect admission fees and other fees that may be necessary to
the program.
Sec.
18. RCW 90.56.100
and 1998 c 245 s 175 are each amended to read as follows:
(1)
The Washington wildlife rescue coalition ((shall be)) is
established for the purpose of coordinating the rescue and rehabilitation of
wildlife injured or endangered by oil spills or the release of other hazardous
substances into the environment.
(2)
The Washington wildlife rescue coalition shall be composed of:
(a)
A representative of the department of fish and wildlife designated by the
director of fish and wildlife. The department of fish and wildlife shall be
designated as lead agency in the operations of the coalition. The coalition
shall be chaired by the representative from the department of fish and
wildlife;
(b)
A representative of the department of ecology designated by the director;
(c)
A representative of the ((department of community, trade, and economic
development)) Washington military department emergency management ((program))
division, designated by the director of ((community, trade, and
economic development)) the Washington military department;
(d)
A licensed veterinarian, with experience and training in wildlife
rehabilitation, appointed by the veterinary board of governors;
(e)
((The director of the Washington conservation corps;
(f))) A
lay person, with training and experience in the rescue and rehabilitation of
wildlife appointed by the department; and
(((g)))
(f) A person designated by the legislative authority of the county where
oil spills or spills of other hazardous substances may occur. This member of
the coalition shall serve on the coalition until wildlife rescue and
rehabilitation is completed in that county. The completion of any rescue or
rehabilitation project shall be determined by the director of fish and
wildlife.
(3)
The duties of the Washington wildlife rescue coalition ((shall be)) are
to:
(a)
Develop an emergency mobilization plan to rescue and rehabilitate waterfowl and
other wildlife that are injured or endangered by an oil spill or the release of
other hazardous substances into the environment;
(b)
Develop and maintain a resource directory of persons, governmental agencies,
and private organizations that may provide assistance in an emergency rescue
effort;
(c)
Provide advance training and instruction to volunteers in rescuing and
rehabilitating waterfowl and wildlife injured or endangered by oil spills or
the release of other hazardous substances into the environment. The training
may be provided through grants to community colleges or to groups that conduct
programs for training volunteers. The coalition representatives from the
agencies described in subsection (2) of this section shall coordinate their
training efforts ((with the director of the Washington conservation corps))
and work to provide training opportunities for young citizens;
(d)
Obtain and maintain equipment and supplies used in emergency rescue efforts.
(4)(a)
Expenses for the coalition may be provided by the coastal protection fund
administered according to RCW 90.48.400.
(b)
The coalition is encouraged to seek grants, gifts, or donations from private
sources in order to carry out the provisions of this section and RCW
90.56.110. Any private funds donated to the commission shall be deposited into
the wildlife rescue account hereby created within the wildlife fund as
authorized under Title 77 RCW.
Sec.
19. RCW
90.56.200 and 1991 c 200 s 201 are each amended to read as follows:
(1)
The owner or operator for each onshore and offshore facility shall prepare and
submit to the department an oil spill prevention plan in conformance with the
requirements of this chapter. The plans shall be submitted to the department
in the time and manner directed by the department((, but not later than
January 1, 1993)). The spill prevention plan may be consolidated with a
spill contingency plan submitted pursuant to RCW 90.56.210. The department may
accept plans prepared to comply with other state or federal law as spill
prevention plans to the extent those plans comply with the requirements of this
chapter. The department, by rule, shall establish standards for spill
prevention plans. ((The rules shall be adopted not later than July 1, 1992.))
(2)
The spill prevention plan for an onshore or offshore facility shall:
(a)
Establish compliance with the federal oil pollution act of 1990, if applicable,
and financial responsibility requirements under federal and state law;
(b)
Certify that supervisory and other key personnel in charge of transfer,
storage, and handling of oil have received certification pursuant to RCW
90.56.220;
(c)
Certify that the facility has an operations manual required by RCW 90.56.230;
(d)
Certify the implementation of alcohol and drug use awareness programs;
(e)
Describe the facility's maintenance and inspection program and contain a
current maintenance and inspection record of the storage and transfer
facilities and related equipment;
(f)
Describe the facility's alcohol and drug treatment programs;
(g)
Describe spill prevention technology that has been installed, including
overflow alarms, automatic overflow cut-off switches, secondary containment
facilities, and storm water retention, treatment, and discharge systems;
(h)
Describe any discharges of oil to the land or the water of more than
twenty-five barrels in the prior five years and the measures taken to prevent a
reoccurrence;
(i)
Describe the procedures followed by the facility to contain and recover any oil
that spills during the transfer of oil to or from the facility;
(j)
Provide for the incorporation into the facility during the period covered by
the plan of those measures that will provide the best achievable protection for
the public health and the environment; and
(k)
Include any other information reasonably necessary to carry out the purposes of
this chapter required by rules adopted by the department.
(3)
The department shall only approve a prevention plan if it provides the best
achievable protection from damages caused by the discharge of oil into the
waters of the state and if it determines that the plan meets the requirements
of this section and rules adopted by the department.
(4)
Upon approval of a prevention plan, the department shall provide to the person
submitting the plan a statement indicating that the plan has been approved, the
facilities covered by the plan, and other information the department determines
should be included.
(5)
The approval of a prevention plan shall be valid for five years. An owner or
operator of a facility shall notify the department in writing immediately of
any significant change of which it is aware affecting its prevention plan,
including changes in any factor set forth in this section or in rules adopted
by the department. The department may require the owner or operator to update
a prevention plan as a result of these changes.
(6)
The department by rule shall require prevention plans to be reviewed, updated,
if necessary, and resubmitted to the department at least once every five years.
(7)
Approval of a prevention plan by the department does not constitute an express
assurance regarding the adequacy of the plan nor constitute a defense to
liability imposed under this chapter or other state law.
(8)
This section does not authorize the department to modify the terms of a
collective bargaining agreement.
Sec.
20. RCW
90.56.210 and 1992 c 73 s 33 are each amended to read as follows:
(1)
Each onshore and offshore facility shall have a contingency plan for the
containment and cleanup of oil spills from the facility into the waters of the
state and for the protection of fisheries and wildlife, natural resources, and
public and private property from such spills. The department shall by rule
adopt and periodically revise standards for the preparation of contingency
plans. The department shall require contingency plans, at a minimum, to meet
the following standards:
(a)
Include full details of the method of response to spills of various sizes from
any facility which is covered by the plan;
(b)
Be designed to be capable in terms of personnel, materials, and equipment, of
promptly and properly, to the maximum extent practicable, as defined by the
department removing oil and minimizing any damage to the environment resulting
from a worst case spill;
(c)
Provide a clear, precise, and detailed description of how the plan relates to
and is integrated into relevant contingency plans which have been prepared by
cooperatives, ports, regional entities, the state, and the federal government;
(d)
Provide procedures for early detection of oil spills and timely notification of
such spills to appropriate federal, state, and local authorities under applicable
state and federal law;
(e)
State the number, training preparedness, and fitness of all dedicated,
prepositioned personnel assigned to direct and implement the plan;
(f)
Incorporate periodic training and drill programs to evaluate whether personnel and
equipment provided under the plan are in a state of operational readiness at
all times;
(g)
Describe important features of the surrounding environment, including fish and
wildlife habitat, environmentally and archaeologically sensitive areas, and
public facilities. The departments of ecology, ((fisheries, wildlife)) fish
and wildlife, and natural resources, and the office of archaeology and
historic preservation, upon request, shall provide information that they have
available to assist in preparing this description. ((If the department has
adopted rules for contingency plans prior to July 1, 1992, the description of
archaeologically sensitive areas shall only be required when the department
revises the rules for contingency plans after July 1, 1992.)) The
description of archaeologically sensitive areas shall not be required to be
included in a contingency plan until it is reviewed and updated pursuant to
subsection (9) of this section;
(h)
State the means of protecting and mitigating effects on the environment,
including fish, marine mammals, and other wildlife, and ensure that
implementation of the plan does not pose unacceptable risks to the public or
the environment;
(i)
Provide arrangements for the prepositioning of oil spill containment and cleanup
equipment and trained personnel at strategic locations from which they can be
deployed to the spill site to promptly and properly remove the spilled oil;
(j)
Provide arrangements for enlisting the use of qualified and trained cleanup
personnel to implement the plan;
(k)
Provide for disposal of recovered spilled oil in accordance with local, state,
and federal laws;
(l)
Until a spill prevention plan has been submitted pursuant to RCW 90.56.200,
state the measures that have been taken to reduce the likelihood that a spill
will occur, including but not limited to, design and operation of a facility,
training of personnel, number of personnel, and backup systems designed to
prevent a spill;
(m)
State the amount and type of equipment available to respond to a spill, where
the equipment is located, and the extent to which other contingency plans rely
on the same equipment; and
(n)
If the department has adopted rules permitting the use of dispersants, the
circumstances, if any, and the manner for the application of the dispersants in
conformance with the department's rules.
(2)(a)
The following shall submit contingency plans to the department within six
months after the department adopts rules establishing standards for contingency
plans under subsection (1) of this section:
(i)
Onshore facilities capable of storing one million gallons or more of oil; and
(ii)
Offshore facilities.
(b)
Contingency plans for all other onshore and offshore facilities shall be
submitted to the department within eighteen months after the department has
adopted rules under subsection (1) of this section. The department may adopt a
schedule for submission of plans within the eighteen-month period.
(3)(a)
The owner or operator of a facility shall submit the contingency plan for the
facility.
(b)
A person who has contracted with a facility to provide containment and cleanup
services and who meets the standards established pursuant to RCW 90.56.240, may
submit the plan for any facility for which the person is contractually obligated
to provide services. Subject to conditions imposed by the department, the
person may submit a single plan for more than one facility.
(4)
A contingency plan prepared for an agency of the federal government or another
state that satisfies the requirements of this section and rules adopted by the
department may be accepted by the department as a contingency plan under this
section. The department shall assure that to the greatest extent possible,
requirements for contingency plans under this section are consistent with the
requirements for contingency plans under federal law.
(5)
In reviewing the contingency plans required by this section, the department
shall consider at least the following factors:
(a)
The adequacy of containment and cleanup equipment, personnel, communications
equipment, notification procedures and call down lists, response time, and
logistical arrangements for coordination and implementation of response efforts
to remove oil spills promptly and properly and to protect the environment;
(b)
The nature and amount of vessel traffic within the area covered by the plan;
(c)
The volume and type of oil being transported within the area covered by the
plan;
(d)
The existence of navigational hazards within the area covered by the plan;
(e)
The history and circumstances surrounding prior spills of oil within the area
covered by the plan;
(f)
The sensitivity of fisheries and wildlife and other natural resources within
the area covered by the plan;
(g)
Relevant information on previous spills contained in on-scene coordinator
reports prepared by the department; and
(h)
The extent to which reasonable, cost-effective measures to prevent a likelihood
that a spill will occur have been incorporated into the plan.
(6)
The department shall approve a contingency plan only if it determines that the
plan meets the requirements of this section and that, if implemented, the plan
is capable, in terms of personnel, materials, and equipment, of removing oil
promptly and properly and minimizing any damage to the environment.
(7)
The approval of the contingency plan shall be valid for five years. Upon
approval of a contingency plan, the department shall provide to the person
submitting the plan a statement indicating that the plan has been approved, the
facilities or vessels covered by the plan, and other information the department
determines should be included.
(8)
An owner or operator of a facility shall notify the department in writing
immediately of any significant change of which it is aware affecting its
contingency plan, including changes in any factor set forth in this section or
in rules adopted by the department. The department may require the owner or
operator to update a contingency plan as a result of these changes.
(9)
The department by rule shall require contingency plans to be reviewed, updated,
if necessary, and resubmitted to the department at least once every five years.
(10)
Approval of a contingency plan by the department does not constitute an express
assurance regarding the adequacy of the plan nor constitute a defense to
liability imposed under this chapter or other state law.
Sec.
21. RCW
90.56.370 and 1990 c 116 s 18 are each amended to read as follows:
(1)
Any person owning oil or having control over oil that enters the waters of the
state in violation of RCW 90.56.320 shall be strictly liable, without regard to
fault, for the damages to persons or property, public or private, caused by
such entry.
(2)
In any action to recover damages resulting from the discharge of oil in
violation of RCW 90.56.320, the owner or person having control over the oil
shall be relieved from strict liability, without regard to fault, if that
person can prove that the discharge was caused solely by:
(a)
An act of war or sabotage;
(b)
An act of God;
(c)
Negligence on the part of the United States government; or
(d)
Negligence on the part of the state of Washington.
(3)
The liability established in this section shall in no way affect the rights
which: (a) The owner or other person having control over the oil
may have against any person whose acts may in any way have caused or
contributed to the discharge of oil, or (b) the state of Washington may
have against any person whose actions may have caused or contributed to the
discharge of oil.
(((4)
The chapter 116, Laws of 1990 changes to subsection (2) of this section
requiring the defenses in that subsection to be the sole causes of the
discharge, and the text of subsection (2)(b) of this section shall apply
prospectively and not retroactively after June 7, 1990.))
Sec.
22. RCW
90.56.510 and 1999 sp.s. c 7 s 2 are each amended to read as follows:
(1)
The oil spill ((administration)) prevention account is created in
the state treasury. All receipts from RCW 82.23B.020(2) shall be deposited in
the account. Moneys from the account may be spent only after appropriation.
The account is subject to allotment procedures under chapter 43.88 RCW. If, on
the first day of any calendar month, the balance of the oil spill response
account is greater than nine million dollars and the balance of the oil spill
((administration)) prevention account exceeds the unexpended
appropriation for the current biennium, then the tax under RCW 82.23B.020(2)
shall be suspended on the first day of the next calendar month until the beginning
of the following biennium, provided that the tax shall not be suspended during
the last six months of the biennium. If the tax imposed under RCW
82.23B.020(2) is suspended during two consecutive biennia, the department shall
by November 1st after the end of the second biennium, recommend to the
appropriate standing committees an adjustment in the tax rate. For the
biennium ending June 30, 1999, and the biennium ending June 30, 2001, the state
treasurer may transfer a total of up to one million dollars from the oil spill
response account to the oil spill ((administration)) prevention
account to support appropriations made from the oil spill ((administration))
prevention account in the omnibus appropriations act adopted not later
than June 30, 1999.
(2)
Expenditures from the oil spill ((administration)) prevention
account shall be used exclusively for the administrative costs related to the
purposes of this chapter, and chapters 90.48, 88.40, and 88.46 RCW. Starting
with the 1995-1997 biennium, the legislature shall give activities of state
agencies related to prevention of oil spills priority in funding from the oil
spill ((administration)) prevention account. Costs of ((administration))
prevention include the costs of:
(a)
Routine responses not covered under RCW 90.56.500;
(b)
Management and staff development activities;
(c)
Development of rules and policies and the state-wide plan provided for in RCW
90.56.060;
(d)
Facility and vessel plan review and approval, drills, inspections,
investigations, enforcement, and litigation;
(e)
Interagency coordination and public outreach and education;
(f)
Collection and administration of the tax provided for in chapter 82.23B RCW;
and
(g)
Appropriate travel, goods and services, contracts, and equipment.
Sec.
23. RCW
90.56.540 and 1991 c 200 s 605 are each amended to read as follows:
(1)
A person is guilty of operating a vessel while under the influence of
intoxicating liquor or drugs if the person operates a covered vessel within
this state while:
(a)
The person has 0.06 grams or more of alcohol per two hundred ten liters of
breath, as shown by analysis of the person's breath made under RCW ((88.16.230))
90.56.550; or
(b)
The person has 0.06 percent or more by weight of alcohol in the person's blood
as shown by analysis of the person's blood made under RCW ((88.16.230)) 90.56.550;
or
(c)
The person is under the influence of or affected by intoxicating liquor or
drugs; or
(d)
The person is under the combined influence of or affected by intoxicating
liquor or drugs.
(2)
The fact that any person charged with a violation of this section is or has
been entitled to use such drug under the laws of this state shall not
constitute a defense against any charge of violating this section.
(3)
Operating a vessel while intoxicated is a class C felony under chapter 9A.20
RCW.
Sec.
24. RCW
90.56.560 and 1991 c 200 s 607 are each amended to read as follows:
No
physician, registered nurse, qualified technician, or hospital, or duly
licensed clinical laboratory employing or using services of the physician,
registered nurse, or qualified technician, may incur any civil or criminal
liability as a result of the act of withdrawing blood from any person when
directed by a law enforcement officer to do so for the purpose of a blood test
under RCW ((88.16.230)) 90.56.550. This section shall not
relieve any physician, registered nurse, qualified technician, or hospital or
duly licensed clinical laboratory from civil liability arising from the use of
improper procedures or failing to exercise the required standard of care.
Sec.
25. RCW
82.23B.020 and 1999 sp.s. c 7 s 1 are each amended to read as follows:
(1)
An oil spill response tax is imposed on the privilege of receiving crude oil or
petroleum products at a marine terminal within this state from a waterborne
vessel or barge operating on the navigable waters of this state. The tax
imposed in this section is levied upon the owner of the crude oil or petroleum
products immediately after receipt of the same into the storage tanks of a
marine terminal from a waterborne vessel or barge at the rate of one cent per
barrel of crude oil or petroleum product received.
(2)
In addition to the tax imposed in subsection (1) of this section, an oil spill
administration tax is imposed on the privilege of receiving crude oil or
petroleum products at a marine terminal within this state from a waterborne
vessel or barge operating on the navigable waters of this state. The tax
imposed in this section is levied upon the owner of the crude oil or petroleum
products immediately after receipt of the same into the storage tanks of a
marine terminal from a waterborne vessel or barge at the rate of four cents per
barrel of crude oil or petroleum product.
(3)
The taxes imposed by this chapter shall be collected by the marine terminal
operator from the taxpayer. If any person charged with collecting the taxes
fails to bill the taxpayer for the taxes, or in the alternative has not
notified the taxpayer in writing of the imposition of the taxes, or having
collected the taxes, fails to pay them to the department in the manner
prescribed by this chapter, whether such failure is the result of the person's
own acts or the result of acts or conditions beyond the person's control, he or
she shall, nevertheless, be personally liable to the state for the amount of
the taxes. Payment of the taxes by the owner to a marine terminal operator
shall relieve the owner from further liability for the taxes.
(4)
Taxes collected under this chapter shall be held in trust until paid to the
department. Any person collecting the taxes who appropriates or converts the
taxes collected shall be guilty of a gross misdemeanor if the money required to
be collected is not available for payment on the date payment is due. The
taxes required by this chapter to be collected shall be stated separately from
other charges made by the marine terminal operator in any invoice or other
statement of account provided to the taxpayer.
(5)
If a taxpayer fails to pay the taxes imposed by this chapter to the person
charged with collection of the taxes and the person charged with collection
fails to pay the taxes to the department, the department may, in its
discretion, proceed directly against the taxpayer for collection of the taxes.
(6)
The taxes shall be due from the marine terminal operator, along with reports
and returns on forms prescribed by the department, within twenty-five days
after the end of the month in which the taxable activity occurs.
(7)
The amount of taxes, until paid by the taxpayer to the marine terminal operator
or to the department, shall constitute a debt from the taxpayer to the marine
terminal operator. Any person required to collect the taxes under this chapter
who, with intent to violate the provisions of this chapter, fails or refuses to
do so as required and any taxpayer who refuses to pay any taxes due under this
chapter, shall be guilty of a misdemeanor as provided in chapter 9A.20 RCW.
(8)
Upon prior approval of the department, the taxpayer may pay the taxes imposed
by this chapter directly to the department. The department shall give its
approval for direct payment under this section whenever it appears, in the
department's judgment, that direct payment will enhance the administration of
the taxes imposed under this chapter. The department shall provide by rule for
the issuance of a direct payment certificate to any taxpayer qualifying for
direct payment of the taxes. Good faith acceptance of a direct payment
certificate by a terminal operator shall relieve the marine terminal operator
from any liability for the collection or payment of the taxes imposed under
this chapter.
(9)
All receipts from the tax imposed in subsection (1) of this section shall be
deposited into the state oil spill response account. All receipts from the tax
imposed in subsection (2) of this section shall be deposited into the oil spill
((administration)) prevention account.
(10)
Within forty-five days after the end of each calendar quarter, the office of
financial management shall determine the balance of the oil spill response
account as of the last day of that calendar quarter. Balance determinations by
the office of financial management under this section are final and shall not
be used to challenge the validity of any tax imposed under this chapter. The
office of financial management shall promptly notify the departments of revenue
and ecology of the account balance once a determination is made. For each
subsequent calendar quarter, the tax imposed by subsection (1) of this section
shall be imposed during the entire calendar quarter unless:
(a)
Tax was imposed under subsection (1) of this section during the immediately
preceding calendar quarter, and the most recent quarterly balance is more than
nine million dollars; or
(b)
Tax was not imposed under subsection (1) of this section during the immediately
preceding calendar quarter, and the most recent quarterly balance is more than
eight million dollars.
NEW
SECTION. Sec. 26. The
section 18(2), chapter 116, Laws of 1990 changes requiring the defenses in that
subsection to be the sole causes of the discharge, and the text of section
18(2)(b), chapter 116, Laws of 1990 shall apply prospectively and not
retroactively after June 7, 1990.
Sec.
27. RCW
43.21I.010 and 1992 c 73 s 4 are each amended to read as follows:
(1)
There is hereby created ((an agency of state government to be known as the
office of marine safety. The office)) within the department of ecology
an oil spill prevention program. For the program, the department shall be
vested with all powers and duties transferred to it from the office of
marine safety and such other powers and duties as may be authorized by
law. The main administrative office ((of)) for the ((office))
program shall be located in the city of Olympia. The ((administrator))
director may establish administrative facilities in other locations, if
deemed necessary for the efficient operation of the ((office)) program,
and if consistent with the principles set forth in subsection (2) of this
section.
(2)
The ((office of marine safety)) oil spill prevention program
shall be organized consistent with the goals of providing state government with
a focus in marine transportation and serving the people of this state. The
legislature recognizes that the ((administrator)) director needs
sufficient organizational flexibility to carry out the ((office's)) program's
various duties. To the extent practical, the ((administrator)) director
shall consider the following organizational principles:
(a)
Clear lines of authority which avoid functional duplication within and between
subelements of the ((office)) program;
(b)
A clear and simplified organizational design promoting accessibility,
responsiveness, and accountability to the legislature, the consumer, and the
general public; and
(c)
Maximum span of control without jeopardizing adequate supervision.
(3)
The ((office)) department, through the program, shall provide
leadership and coordination in identifying and resolving threats to the safety
of marine transportation and the impact of marine transportation on the
environment:
(a)
Working with other state agencies and local governments to strengthen the state
and local governmental partnership in providing public protection;
(b)
Providing expert advice to the executive and legislative branches of state
government;
(c)
Providing active and fair enforcement of rules;
(d)
Working with other federal, state, and local agencies and facilitating their
involvement in planning and implementing marine safety measures;
(e)
Providing information to the public; and
(f)
Carrying out such other related actions as may be appropriate to this purpose.
(4)
In accordance with the administrative procedure act, chapter 34.05 RCW, the ((office))
department shall ensure an opportunity for consultation, review, and
comment before the adoption of standards, guidelines, and rules.
(5)
Consistent with the principles set forth in subsection (2) of this section, the
((administrator)) director may create such administrative
divisions, offices, bureaus, and programs within the ((office)) program
as the ((administrator)) director deems necessary. The ((administrator))
director shall have complete charge of and supervisory powers over the
((office)) program, except where the ((administrator's)) director's
authority is specifically limited by law.
(6)
The ((administrator)) director shall appoint such personnel as
are necessary to carry out the duties of the ((office)) program.
In addition to exemptions set forth in RCW 41.06.070(((28), the
administrator, the administrator's confidential secretary, and)), up
to four professional staff members shall be exempt from the provisions of
chapter 41.06 RCW. All other employees of the ((office)) program
shall be subject to the provisions of chapter 41.06 RCW.
(7)
The definitions in this section apply throughout this chapter.
(a)
"Department" means the department of ecology.
(b)
"Director" means the director of the department.
Sec.
28. RCW
43.21I.030 and 1992 c 73 s 11 are each amended to read as follows:
In
addition to any other powers granted the ((administrator)) director,
the ((administrator)) director may:
(1)
Adopt, in accordance with chapter 34.05 RCW, rules necessary to carry out the
provisions of this chapter and chapter 88.46 RCW;
(2)
Appoint such advisory committees as may be necessary to carry out the
provisions of this chapter and chapter 88.46 RCW. Members of such advisory
committees are authorized to receive travel expenses in accordance with RCW
43.03.050 and 43.03.060. The ((administrator)) director shall
review each advisory committee within the jurisdiction of the ((office))
program and each statutory advisory committee on a biennial basis to
determine if such advisory committee is needed. The criteria specified in RCW
43.131.070 shall be used to determine whether or not each advisory committee
shall be continued;
(3)
Undertake studies, research, and analysis necessary to carry out the provisions
of this chapter and chapter 88.46 RCW;
(4)
Delegate powers, duties, and functions of the ((office)) program
to employees of the ((office)) department as the ((administrator))
director deems necessary to carry out the provisions of this chapter and
chapter 88.46 RCW;
(5)
Enter into contracts on behalf of the ((office)) department to
carry out the purposes of this chapter and chapter 88.46 RCW;
(6)
Act for the state in the initiation of, or the participation in, any
intergovernmental program for the purposes of this chapter and chapter 88.46
RCW; or
(7)
Accept gifts, grants, or other funds.
Sec.
29. RCW
43.21I.040 and 1991 c 200 s 407 are each amended to read as follows:
(1)
The ((administrator)) director shall have full authority to
administer oaths and take testimony thereunder, to issue subpoenas requiring
the attendance of witnesses before the ((administrator)) director
together with all books, memoranda, papers, and other documents, articles or
instruments, and to compel the disclosure by such witnesses of all facts known
to them relative to the matters under investigation.
(2)
Subpoenas issued in adjudicative proceedings shall be governed by chapter 34.05
RCW.
(3)
Subpoenas issued in the conduct of investigations required or authorized by
other statutory provisions or necessary in the enforcement of other statutory
provisions shall be governed by chapter 34.05 RCW.
Sec.
30. RCW
88.40.011 and 1992 c 73 s 12 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)))
"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.
(((3)))
(2) "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.
(((4)))
(3) "Covered vessel" means a tank vessel, cargo vessel, or
passenger vessel.
(((5)))
(4) "Department" means the department of ecology.
(((6)))
(5) "Director" means the director of the department of
ecology.
(((7)))
(6)(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.
(((8)))
(7) "Hazardous substances" means 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. The following are not hazardous
substances for purposes of this chapter:
(a)
Wastes listed as F001 through F028 in Table 302.4; and
(b)
Wastes listed as K001 through K136 in Table 302.4.
(((9)))
(8) "Inland barge" means any barge operating on the waters of
the state and certified by the coast guard as an inland barge.
(((10)))
(9) "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.
(((11)
"Office" means the office of marine safety established by RCW
43.21I.010.
(12))) (10)
"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.
(((13)))
(11) "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.
(((14)))
(12) "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.
(((15)))
(13)(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.
(((16)))
(14) "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.
(((17)))
(15) "Ship" means any boat, ship, vessel, barge, or other
floating craft of any kind.
(((18)))
(16) "Spill" means an unauthorized discharge of oil into the
waters of the state.
(((19)))
(17) "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.
(((20)))
(18) "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.
Sec.
31. RCW
88.40.020 and 1992 c 73 s 13 are each amended to read as follows:
(1)
Any inland barge that transports hazardous substances in bulk as cargo, using
any port or place in the state of Washington or the navigable waters of the
state shall establish evidence of financial responsibility in the amount of the
greater of one million dollars, or one hundred fifty dollars per gross ton of
such vessel.
(2)(a)
Except as provided in (c) of this subsection, a tank vessel that carries oil as
cargo in bulk shall demonstrate financial responsibility to pay at least five
hundred million dollars.
(b)
The ((administrator)) director by rule may establish a lesser
standard of financial responsibility for barges of three hundred gross tons or
less. The standard shall set the level of financial responsibility based on
the quantity of cargo the barge is capable of carrying. The ((administrator))
director shall not set the standard for barges of three hundred gross
tons or less below that required under federal law.
(c)
The owner or operator of a tank vessel who is a member of an international
protection and indemnity mutual organization and is covered for oil pollution
risks up to the amounts required under this section is not required to
demonstrate financial responsibility under this chapter. The ((administrator))
director may require the owner or operator of a tank vessel to prove
membership in such an organization.
(3)
A cargo vessel or passenger vessel that carries oil as fuel shall demonstrate
financial responsibility to pay the greater of at least six hundred dollars per
gross ton or five hundred thousand dollars.
(4)
The documentation of financial responsibility shall demonstrate the ability of
the document holder to meet state and federal financial liability requirements
for the actual costs for removal of oil spills, for natural resource damages,
and necessary expenses.
(5)
The ((office)) department may by rule set a lesser amount of financial
responsibility for a tank vessel that meets standards for construction,
propulsion, equipment, and personnel established by the ((office)) department.
The ((office)) department shall require as a minimum level of
financial responsibility under this subsection the same level of financial
responsibility required under federal law.
(6)
This section shall not apply to a covered vessel owned or operated by the
federal government or by a state or local government.
Sec.
32. RCW
88.40.030 and 1991 c 200 s 705 are each amended to read as follows:
Financial
responsibility required by this chapter may be established by any one of, or a
combination of, the following methods acceptable to the ((office of marine
safety or the)) department of ecology: (1) Evidence of insurance; (2)
surety bonds; (3) qualification as a self-insurer; or (4) other evidence of
financial responsibility. Any bond filed shall be issued by a bonding company
authorized to do business in the United States. Documentation of such
financial responsibility shall be kept on any covered vessel and filed with the
((office)) department at least twenty-four hours before entry of
the vessel into the navigable waters of the state. A covered vessel is not
required to file documentation of financial responsibility twenty-four hours
before entry of the vessel into the navigable waters of the state, if the
vessel has filed documentation of financial responsibility with the federal
government, and the level of financial responsibility required by the federal
government is the same as or exceeds state requirements. The owner or operator
of the vessel may file with the ((office)) department a
certificate evidencing compliance with the requirements of another state's or
federal financial responsibility requirements if the state or federal
government requires a level of financial responsibility the same as or greater
than that required under this chapter.
Sec.
33. RCW
88.40.040 and 1992 c 73 s 14 are each amended to read as follows:
(1)
The ((office)) department shall deny entry to the waters of the
state to any vessel that does not meet the financial responsibility
requirements of this chapter. Any vessel owner or operator that does not meet
the financial responsibility requirements of this chapter and any rules
prescribed thereunder or the federal oil pollution act of 1990 shall be
reported by the ((office)) department to the United States coast
guard.
(2)
The ((office)) department shall enforce section 1016 of the
federal oil pollution act of 1990 as authorized by section 1019 of the federal
act.
Sec.
34. RCW
90.56.310 and 1992 c 73 s 35 are each amended to read as follows:
(1)
Except as provided in subsection (3) of this section, it shall be unlawful:
(a)
For the owner or operator to operate an onshore or offshore facility without an
approved contingency plan as required under RCW 90.56.210, a spill prevention
plan required by RCW 90.56.200, or financial responsibility in compliance with
chapter 88.40 RCW and the federal oil pollution act of 1990; or
(b)
For the owner or operator of an onshore or offshore facility to transfer cargo
or passengers to or from a covered vessel that does not have an approved
contingency plan or an approved prevention plan required under chapter 88.46
RCW or financial responsibility in compliance with chapter 88.40 RCW and the
federal oil pollution act of 1990.
(2)
The department may assess a civil penalty under RCW 43.21B.300 of up to one
hundred thousand dollars against any person who is in violation of this
section. Each day that a facility or person is in violation of this section
shall be considered a separate violation.
(3)
It shall not be unlawful for a facility or other person to operate or accept
cargo or passengers from a covered vessel if:
(a)
A contingency plan, a prevention plan, or financial responsibility is not
required for the facility; or
(b)
A contingency and prevention plan has been submitted to the department as
required by this chapter and rules adopted by the department and the department
is reviewing the plan and has not denied approval.
(4)
Any person may rely on a copy of the statement issued by the department
pursuant to RCW 90.56.210(7) as evidence that the facility has an approved
contingency plan and the statement issued pursuant to RCW 90.56.200(4) as
evidence that the facility has an approved spill prevention plan. Any person
may rely on a copy of the statement issued by the office of marine safety,
or its successor agency, the department, pursuant to RCW 88.46.060 as
evidence that the vessel has an approved contingency plan and the statement
issued pursuant to RCW 88.46.040 as evidence that the vessel has an approved
prevention plan.
Sec.
35. RCW
43.21I.005 and 1997 c 449 s 1 are each amended to read as follows:
(1)
The legislature declares that Washington's waters have irreplaceable value for
the citizens of the state. These waters are vital habitat for numerous and
diverse marine life and wildlife and the source of recreation, aesthetic
pleasure, and pride for Washington's citizens. These waters are also vital for
much of Washington's economic vitality.
The
legislature finds that the transportation of oil on these waters creates a
great potential hazard to these important natural resources. The legislature
also finds that there is no state agency responsible for maritime safety to
ensure this state's interest in preserving these resources.
((The
legislature therefore finds that in order to protect these waters it is
necessary to establish an office of marine safety which will have the
responsibility to promote the safety of marine transportation in Washington.))
(2)
The legislature finds that adequate funding is necessary for the state to
continue its priority focus on the prevention of oil spills, as well as
maintain a strong oil spill response, planning, and environmental restoration
capability. The legislature further finds that (([the])) the
long-term environmental health of the state's waters depends upon the strength
and vitality of its oil spill prevention and response program that fosters
planning, coordination, and incident command. To that end, the merger of the
office of marine safety with the department of ecology shall: Ensure
coordination via streamlining the marine safety functions of two agencies into
one; provide a focused prevention and response program under a single administration;
generate efficient incident command response capability and continue to meet
the challenges threatening marine safety and the environment; and increase
accountability to the public, the executive branch, and the legislature.
(3)
It is the intent of the legislature that the state's oil spill prevention,
response, planning, and environmental restoration activities be sufficiently
funded to maintain a strong prevention and response program. It is further the
intent of the legislature that the merger of the office of marine safety with
the department of ecology be accomplished in an organizational manner that
maintains a priority focus and position for the oil spill prevention and
response program. The merger shall allow for ready identification of the
program by the public and ensure no diminution in the state's commitment to
marine safety and environmental protection as follows:
(a)
The director of the department of ecology shall consolidate all of the agency's
oil spill prevention, planning, and response programs and personnel into a
division or equivalent unit of organization within the department. The
division shall be managed by a single administrator who is an assistant
director or person of equivalent status in the department's organization. The
administrator shall report directly to the director.
(b)
The consolidated oil spill program unit within the department shall maintain
prevention of oil spills as a specific program.
(c)
The department shall identify and participate in resolving threats to safety of
marine transportation and the impact of marine transportation on the
environment.
NEW
SECTION. Sec. 36. The
following acts or parts of acts are each decodified:
(1) RCW
43.21I.005 (Findings--Consolidation of oil spill
programs--Administrator of consolidated oil spill program);
(2) RCW
88.46.150 (Tow boat standards--Study);
(3) RCW
88.46.924 (Continuation of rules, pending business, and
obligations);
(4) RCW
88.46.925 (Prior acts valid); and
(5) RCW
88.46.927 (Collective bargaining agreements not altered).
NEW
SECTION. Sec. 37. The
following acts or parts of acts are each repealed:
(1) RCW
88.46.140 (Unified and consistent planning) and 1991 c 200 s 428;
(2) RCW
90.56.903 (Report on implementation) and 1991 c 200 s 1109; and
(3) RCW
88.46.922 (Transfer of property and appropriations) and 1991 c
200 s 431.
