| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Natural Resources, Ecology & Parks Committee | |
HB 1415
Brief Description: Managing impacts of commercial passenger vessels on marine waters.
Sponsors: Representatives Dickerson, B. Sullivan, Dunshee, Williams, Hunt, Eickmeyer, Chase, Sells and Hasegawa.
Brief Summary of Bill |
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Hearing Date: 2/4/05
Staff: Jason Callahan (786-7117).
Background:
Water quality laws
The Department of Ecology (Ecology) is the primary state entity responsible for regulating
discharges into state waters. This regulation includes a requirement that any person disposing of
liquid or solid waste into state waters is required to first obtain a permit from Ecology, for which
Ecology is authorized to charge an annual fee.
A violation of the state water pollution laws can be enforced both by the Attorney General, and
by Ecology. The Attorney General is authorized to bring any appropriate action, including an
action for injunctive relief. Ecology has the authority to levy fines of up to $10,000 per day for
each violation. In addition, criminal charges can be brought against a person found guilty of
violating the state's water quality laws. Civil penalties assessed by Ecology may be appealed to
the Pollution Control Hearings Board
Ecology is required to first notify a person violating the state's water quality laws in writing if the
situation does not require immediate action. Once the notice is received, the violator has thirty
days to file a report with Ecology outlining the control measures that will be taken. If immediate
action is deemed necessary by Ecology, then an order or directive may be issued.
Memorandum of understanding
Prior to the 2004 cruise ship season, Ecology entered into a memorandum of understanding
(MOU) with the Port of Seattle and the Northwest Cruise Ship Association. The latter signatory
is a private organization that counts as members various cruise ship operators. The 2004 cruise
season was the first year that the MOU was in effect, and it applied to cruise ship traffic calling
on Washington ports from April 21st until October 3rd. The MOU applied anytime a vessel that
is operated by a member of the Northwest Cruise Ship Association is physically located in certain
waterways.
The MOU establishes industry oversight in three areas: wastewater management, solid waste
management, and hazardous waste management. The bulk of the document, however, deals with
wastewater management. Cruise ship operators have agreed in the MOU to not discharge any
untreated wastewater or solid waste within waters subject to the MOU. In addition, the operators
are prohibited from discharging sludge, which is the term given to residual solids that result from
wastewater treatment, anywhere inside Puget Sound, along the American side of the Strait of
Juan de Fuca, within twelve miles of the Pacific coast, or within a specified area to be avoided
along the Olympic Coast National Marine Sanctuary. Cruise ships are allowed to discharge both
blackwater and graywater in Washington waters as long as it is treated by an Advanced
Wastewater Treatment System (AWTS), and certain conditions are met.
Some of the conditions that must be satisfied in order to discharge wastewater treated by an
AWTS apply to all discharges in Washington waters, while other conditions depend on where the
ship is located in relation to its port of call. Vessels not satisfying these requirements are
expected to hold all graywater and blackwater in on-board tanks until the vessel leaves the waters
subject to the MOU.
The MOU does not have an established expiration or sunset date. The current MOU was in place
for the 2004 cruise season, and will remain in place for future cruise seasons unless either the
State of Washington or the Northwest Cruise Ship Association decide to cancel its participation,
and amendments to the MOU must be agreed to by all parties. The MOU signatories have agreed
to meet at least once annually to discuss potential changes and to review the effectiveness of the
MOU.
Summary of Bill:
Prohibited discharges
Commercial passenger vessels, which is defined as vessels capable of providing overnight
accommodations for at least fifty passengers for hire, are prohibited from releasing the following
substances into the Puget Sound, the Strait of Juan de Fuca, or within three miles from
Washington's ocean coastline:
Treated blackwater state approval for release
The operator of a commercial passenger vessel may release treated blackwater into waters where
the activity would be otherwise prohibited if the vessel has been approved for the release by
Ecology. Ecology is required to approve blackwater releases from commercial passenger vessels
if the vessel has paid a mandatory annual operating fee and can demonstrate that the released
blackwater will receive an adequate level of treatment prior to release. Each commercial
passenger vessel is required to be re-approved for blackwater releases annually.
The operators of commercial passenger vessels that are certified by the United States Coast
Guard for the continuous discharge of blackwater in Alaska are presumed to treat the blackwater
released from the vessel at adequate levels. If Ecology does not notify the owner of a
commercial passenger vessel certified for discharge in Alaska that their approval for discharge is
denied within sixty days of the vessel operator submitting documentation, then the operator may
presume permission to release treated blackwater in Washington.
Treated blackwaterrequirements for release away from port
Commercial passenger vessels approved for blackwater releases by Ecology are required to
satisfy a number of conditions. These conditions vary depending on the vessel's proximity to its
port. Operators of commercial passenger vessels that are moving at least six knots and are
located at least one nautical mile from port may only release treated blackwater when complying
with the following requirements:
Treated blackwaterrequirements for release while berthed at port
When a commercial passenger vessel is at berth in port, or within one mile of its port, additional
requirements must be satisfied before blackwater can be lawfully released. In addition to
satisfying the requirements for release away from port, the operator of the vessel must also
comply with the following:
Emergency situations
Commercial passenger vessels are permitted to release any substances, including graywater and
blackwater, if the release is done to secure the safety of the vessel or to protect a life at sea.
Annual operating fee
The operator of a commercial passenger vessel is required to pay an annual operating fee prior to
releasing treated blackwater. The amount of the fee is established each year by Ecology, and
must represent the actual annual costs to Ecology for implementing the approval and monitoring
of releases from commercial passenger vessels. Ecology is permitted to enter into agreements
with public ports for the collection of the annual fees from the commercial passenger vessel
operators.
Enforcement
Enforcement of the commercial passenger vessel regulations is carried out through the existing
enforcement scheme for other water pollution violations, except that fines for commercial
passenger vessels may be up to $25,000 per day for each violation instead of the $10,000 for
other water quality violations.
Required reports
Ecology is required to submit annual reports from 2005 until 2010 that summarizes, in lay terms,
completed analyses of all water quality data collected from commercial passenger vessels. In
addition, Ecology must submit a report in 2007 that concludes if the limitations on blackwater
releases by commercial passenger vessels are adequate to protect water quality.
Appropriation: None.
Fiscal Note: Requested on 1/25/05.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.