BILL REQ. #:  H-2452.1 

READ FIRST TIME 03/08/05.   

     AN ACT Relating to impacts of commercial passenger vessels on the marine waters of Washington; amending RCW 90.48.020; adding new sections to chapter 90.48 RCW; prescribing penalties; providing an effective date; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 90.48 RCW to read as follows:
     (1) The legislature finds that large vessels specifically designed for the housing of people upon the seas, unlike vessels designed to transport cargo or petroleum that carry crew as an ancillary function of cargo transport, function primarily as a temporary residential facility, especially while these vessels are stationary at their port of call. The primary function of these vessels is more akin to a floating hotel or a houseboat than it is to a transportation vessel.
     (2) It is the intent of the legislature to ensure that the blackwater, graywater, and other wastes eventually released by the owners and operators of commercial passenger vessels satisfies the state's standards for protecting the quality of its waters. It is the traditional and long-standing role of the state to ensure that any substances being released into its waters will not, given the unique nature of the state's local waters, adversely impact either the state's economic or environmental interests.
     (3) It is the intent of the legislature for the department to fund the implementation of the commercial passenger vessel program created in sections 2 through 11 of this act exclusively through appropriations provided from the commercial passenger vessel enforcement account created in section 9 of this act.

Sec. 2   RCW 90.48.020 and 2002 c 161 s 4 are each amended to read as follows:
     ((Whenever the word)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Person" ((is used in this chapter, it shall be construed to)) includes any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or any other entity whatsoever.
     ((Wherever the words)) (2) "Waters of the state" ((shall be used in this chapter, they shall be construed to)) includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington.
     ((Whenever the word)) (3) "Pollution" ((is used in this chapter, it shall be construed to)) means such contamination, or other alteration of the physical, chemical, or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.
     ((Wherever the word)) (4) "Department" ((is used in this chapter it shall)) means the department of ecology.
     ((Whenever the word)) (5) "Director" ((is used in this chapter it shall)) means the director of ecology.
     ((Whenever the words)) (6) "Aquatic noxious weed" ((are used in this chapter, they have)) has the meaning ((prescribed under)) provided in RCW 17.26.020.
     ((Whenever the words)) (7) "General sewer plan" ((are used in this chapter they shall be construed to)) includes all sewerage general plans, sewer general comprehensive plans, plans for a system of sewerage, and other plans for sewer systems adopted by a local government entity including but not limited to cities, towns, public utility districts, and water-sewer districts.
     (8) "Blackwater" means treated or untreated sewage wastewater from the toilets, urinals, medical sinks, and similar facilities on commercial passenger vessels.
     (9) "Biomedical waste" has the same meaning provided in RCW 70.95K.010.
     (10) "Commercial passenger vessel" means a vessel not owned by the government of the United States or a foreign nation that is authorized and capable of providing overnight accommodations for at least fifty passengers for hire.
     (11) "Dangerous waste" has the meaning provided in RCW 70.105.010.
     (12) "Graywater" means treated or untreated galley, dishwater, bath, and laundry wastewaters from a commercial passenger vessel. Mixtures of graywater and blackwater, regardless of concentrations, shall be treated under this chapter as graywater.
     (13) "Oily bilge water" includes bilge water that contains used lubrication oils, oil sludge and slops, fuel and oil sludge, used oil, used fuel and fuel filters, and oily waste.
     (14) "Passengers for hire" means vessel passengers that are required to contribute some form of consideration as a condition of carriage on the vessel, whether that consideration flows directly or indirectly to the owner, charterer, operator, agent, or other person having an interest in the vessel.
     (15) "Release" means any discharge, however caused, from a commercial passenger vessel, and includes any escape, disposal, spilling, leaking, pumping, emitting, or emptying.
     (16) "Sewage sludge" has the meaning provided in RCW 70.95.030.
     (17) "Solid waste" has the meaning provided in RCW 70.95.030.

NEW SECTION.  Sec. 3   A new section is added to chapter 90.48 RCW to read as follows:
     (1) Except as otherwise provided in this section or section 10 of this act, a person may not, regardless of intent, release sewage sludge, solid waste, biomedical waste, dangerous waste, untreated graywater, or untreated blackwater from a commercial passenger vessel into any waters of the state.
     (2) Except as otherwise provided in this section, a person may not, regardless of intent, release oily bilge water into any waters of the state if not in compliance with applicable federal law.
     (3) This section does not apply to releases made for the purpose of securing the safety of a commercial passenger vessel or saving life at sea if all reasonable precautions have been taken to prevent or minimize the release.

NEW SECTION.  Sec. 4   A new section is added to chapter 90.48 RCW to read as follows:
     (1) Except as provided in this section or section 10 of this act, a person may not release blackwater into any waters of the state from a commercial passenger vessel that calls on a public port in Washington unless the owner or operator of the commercial passenger vessel has been approved for blackwater releases by the department for the vessel in question.
     (2)(a) The department shall approve blackwater releases from a commercial passenger vessel if the owner or operator of the commercial passenger vessel:
     (i) Can demonstrate to the department's satisfaction, based on effluent limits and requirements for sampling and reporting established by the department, that the blackwater to be released from the vessel will receive an adequate level of treatment to protect the quality of the water receiving the release; and
     (ii) Has paid the mandatory annual operating fee established in section 8 of this act.
     (b) The department shall presume that the level of treatment given to blackwater releases from a vessel is adequate if the owner or operator of a commercial passenger vessel satisfies the requirements of section 5 of this act and provides documentation to the department about the type of wastewater treatment system in use on the vessel, and documentation that the wastewater treatment system on the vessel in question has been certified by the United States coast guard for continuous discharge of blackwater in the state of Alaska. If the mandatory annual operating fee established in section 8 of this act has been satisfied, the approval for blackwater release may be presumed by the owner or operator of a commercial passenger vessel providing such documentation if the department has not provided notification in writing to the contrary or a request in writing for further documentation to demonstrate coast guard approval within sixty days of submitting the original documentation.
     (3) Approvals granted by the department under this section remain in effect until January 1st following the approval and may be rescinded if substantial changes are made to the approved wastewater treatment system or if a violation of section 5 of this act is discovered.
     (4) This section does not apply to releases made for the purpose of securing the safety of a commercial passenger vessel or saving life at sea if all reasonable precautions have been taken to prevent or minimize the release.

NEW SECTION.  Sec. 5   A new section is added to chapter 90.48 RCW to read as follows:
     (1) The owner or operator of a commercial passenger vessel that is operating under the presumption of adequate blackwater treatment granted in section 4 of this act may only maintain the presumption of adequacy if the owner or operator agrees with the department to do all of the following when the vessel is at least more than one nautical mile from its berth at a public port in Washington and is traveling at least six knots or more:
     (a) Sample the quality of the treated blackwater released from the commercial passenger vessel while at berth at a Washington public port at least once during each month that the commercial passenger vessel calls on a public port in Washington. The sample must be analyzed by a department-approved laboratory for all parameters required to be tested in order to obtain the necessary United States coast guard certification referenced by section 4 of this act for continuous discharge of blackwater in the state of Alaska, and must include, at a minimum, the following five parameters: pH, biochemical oxygen demand, fecal coliform, total suspended solids, and residual chlorine;
     (b) Share all effluent samples with the department, when requested in writing, for all samples taken in waters of the state;
     (c) Conduct a whole effluent toxicity test, or WET test, at least once every two years unless the department provides notification in writing that such testing is unnecessary;
     (d) Provide the department, when requested in writing, with duplicate results of tests performed on the commercial passenger vessel's wastewater treatment system in other jurisdictions;
     (e) Notify the department at least one week before sampling in waters of the state is to occur, and allow department staff to observe the sampling events when requested;
     (f) Immediately report to the department any unauthorized discharges;
     (g) Allow the department to conduct a minimum of one inspection of the commercial passenger vessel, if requested in writing, to verify the operating conditions of the wastewater treatment system; and
     (h) Notify the department if material changes are made to the wastewater treatment system approved under section 4 of this act.
     (2) The owner or operator of a commercial passenger vessel that is operating under the presumption of adequate blackwater treatment granted in section 4 of this act may only maintain the presumption of adequacy if the owner or operator agrees with the department to do all of the following when the vessel is at or within one nautical mile of its berth at a public port in Washington:
     (a) Comply with the requirements set forth in subsection (1)(a) through (h) of this section;
     (b) Provide twenty-four hour continuous monitoring of the turbidity of any released blackwater, or an equivalent to turbidity monitoring agreed to by the department that judges the effluent released by the wastewater treatment system of a commercial passenger vessel;
     (c) Provide documentation to the department that all treated blackwater will receive adequate disinfection immediately before discharge;
     (d) Provide copies of any water quality tests taken from the effluent of the commercial passenger vessel during the six months preceding the approved release; and
     (e) Provide documentation of the commercial passenger vessel's wastewater treatment system design that demonstrates:
     (i) That the system can be either automatically shut down or that there are operational procedures in place to ensure an immediate shut down of the system if effluent monitoring reveals that the wastewater treatment system is malfunctioning;
     (ii) A plan has been adopted that describes protocols for notifying the department if the wastewater treatment system malfunctions or is shut down while in the waters of the state; and
     (iii) How blackwater will be stored, including the capacity of any holding tanks to be used, until the wastewater treatment system is repaired and operating.

NEW SECTION.  Sec. 6   A new section is added to chapter 90.48 RCW to read as follows:
     (1) Except as provided in this section or section 10 of this act, a person may not release graywater into any waters of the state from a commercial passenger vessel that calls on a public port in Washington unless the owner or operator of the commercial passenger vessel has been approved for graywater releases by the department for the vessel in question.
     (2)(a) The department shall approve graywater releases from a commercial passenger vessel if the owner or operator of the commercial passenger vessel:
     (i) Can demonstrate to the department's satisfaction, based on effluent limits and requirements for sampling and reporting established by the department, that the graywater to be released from the vessel will receive an adequate level of treatment to protect the quality of the water receiving the release; and
     (ii) Has paid the mandatory annual operating fee established in section 8 of this act.
     (b) The department shall presume that the level of treatment given to graywater releases from a vessel is adequate if the owner or operator of a commercial passenger vessel satisfies the requirements of section 7 of this act and provides documentation to the department about the type of wastewater treatment system in use on the vessel, and documentation that the wastewater treatment system on the vessel in question has been certified by the United States coast guard for continuous discharge of graywater in the state of Alaska. If the mandatory annual operating fee established in section 8 of this act has been satisfied, the approval for graywater release may be presumed by the owner or operator of a commercial passenger vessel providing such documentation if the department has not provided notification in writing to the contrary or a request in writing for further documentation to demonstrate coast guard approval within sixty days of submitting the original documentation.
     (3) Approvals granted by the department under this section remain in effect until January 1st following the approval and may be rescinded if substantial changes are made to the approved wastewater treatment system or if a violation of section 7 of this act is discovered.
     (4) This section does not apply to releases made for the purpose of securing the safety of a commercial passenger vessel or saving life at sea if all reasonable precautions have been taken to prevent or minimize the release.

NEW SECTION.  Sec. 7   A new section is added to chapter 90.48 RCW to read as follows:
     (1) The owner or operator of a commercial passenger vessel that is operating under the presumption of adequate graywater treatment granted in section 6 of this act may only maintain the presumption of adequacy if the owner or operator agrees with the department to do all of the following when the vessel is at least more than one nautical mile from its berth at a public port in Washington and is traveling at least six knots or more:
     (a) Sample the quality of the treated graywater released from the commercial passenger vessel while at berth at a Washington public port at least once during each month that the commercial passenger vessel calls on a public port in Washington. The sample must be analyzed by a department-approved laboratory for all parameters required to be tested in order to obtain the necessary United States coast guard certification referenced by section 6 of this act for continuous discharge of graywater in the state of Alaska, and must include, at a minimum, the following five parameters: pH, biochemical oxygen demand, fecal coliform, total suspended solids, and residual chlorine;
     (b) Share all effluent samples with the department, when requested in writing, for all samples taken in waters of the state;
     (c) Conduct a whole effluent toxicity test, or WET test, at least once every two years unless the department provides notification in writing that such testing is unnecessary;
     (d) Provide the department, when requested in writing, with duplicate results of tests performed on the commercial passenger vessel's wastewater treatment system in other jurisdictions;
     (e) Notify the department at least one week before sampling in waters of the state is to occur, and allow department staff to observe the sampling events when requested;
     (f) Immediately report to the department any unauthorized discharges;
     (g) Allow the department to conduct a minimum of one inspection of the commercial passenger vessel, if requested in writing, to verify the operating conditions of the wastewater treatment system; and
     (h) Notify the department if material changes are made to the wastewater treatment system approved under section 6 of this act.
     (2) The owner or operator of a commercial passenger vessel that is operating under the presumption of adequate graywater treatment granted in section 6 of this act may only maintain the presumption of adequacy if the owner or operator agrees with the department to do all of the following when the vessel is at or within one nautical mile of its berth at a public port in Washington:
     (a) Comply with the requirements set forth in subsection (1)(a) through (h) of this section;
     (b) Provide twenty-four hour continuous monitoring of the turbidity of any released graywater, or an equivalent to turbidity monitoring agreed to by the department that judges the effluent released by the wastewater treatment system of a commercial passenger vessel;
     (c) Provide documentation to the department that all treated graywater will receive adequate disinfection immediately before discharge;
     (d) Provide copies of any water quality tests taken from the effluent of the commercial passenger vessel during the six months preceding the approved release; and
     (e) Provide documentation of the commercial passenger vessel's wastewater treatment system design that demonstrates:
     (i) That the system can be either automatically shut down or that there are operational procedures in place to ensure an immediate shut down of the system if effluent monitoring reveals that the wastewater treatment system is malfunctioning;
     (ii) A plan has been adopted that describes protocols for notifying the department if the wastewater treatment system malfunctions or is shut down while in the waters of the state; and
     (iii) How graywater will be stored, including the capacity of any holding tanks to be used, until the wastewater treatment system is repaired and operating.

NEW SECTION.  Sec. 8   A new section is added to chapter 90.48 RCW to read as follows:
     (1) Before releasing treated blackwater under section 4 of this act or treated graywater under section 6 of this act, the owner or operator of a commercial passenger vessel must remit to the department an annual operating fee in an amount set by the department.
     (2)(a) The department shall establish the fee schedule necessary to implement this section so that the total estimated receipts equal the estimated annual costs in implementing sections 3 through 11 of this act.
     (b) The actual fee charged to an individual commercial passenger vessel under this section shall be based on the number of passengers for hire that can be provided with overnight accommodation on the vessel; however, in no event may the annual fee for a commercial passenger vessel under this section exceed four thousand dollars per vessel per year.
     (3) Fees collected under this section must be deposited into the commercial passenger vessel enforcement account created in section 9 of this act.
     (4) The department may enter into agreements to collect the annual operations fee from the owner or operators of the commercial passenger vessels calling on a port.

NEW SECTION.  Sec. 9   A new section is added to chapter 90.48 RCW to read as follows:
     The commercial passenger vessel enforcement account is created in the state treasury. All receipts from annual operating fees paid by the owner or operator of a commercial passenger vessel must be deposited into the account. Moneys in the account may only be used for administering and enforcing the provisions of sections 3 through 11 of this act.

NEW SECTION.  Sec. 10   A new section is added to chapter 90.48 RCW to read as follows:
     (1) Upon the written application from the owner or operator of a commercial passenger vessel that provides overnight accommodations for less than two hundred fifty passengers for hire, the director of the department shall exempt specific commercial passenger vessels from the requirements of sections 3, 4, and 6 of this act.
     (2) The owner or operator applying to the director for the exemption allowed in this section has the responsibility to provide the director with the necessary information about his or her specific vessel; however, to streamline the application process for owners and operators, trade associations may submit to the department lists of individual vessels that qualify for an exemption under this section.
     (3) This exemption in this section expires on December 31, 2009. The director in 2008 shall investigate the state of technologies available to small commercial passenger vessels with the small cruise ship industry and report back to the legislature on January 12, 2009, on whether the exemption should be extended or modified.
     (4) Vessels that qualify for an exemption under this section are not required to pay the annual operating fee under section 8 of this act.

NEW SECTION.  Sec. 11   A new section is added to chapter 90.48 RCW to read as follows:
     (1) By November 30, 2007, the department shall submit to the appropriate committees of the legislature a report describing how the management and releases of treated blackwater and graywater from commercial passenger vessels under this chapter are or are not adequate for protecting water quality and public health. At a minimum, the report must make findings as to whether commercial passenger vessels are releasing treated blackwater and graywater in the same locations, and if so, whether the cumulative effects of these releases degrade the water quality in those areas. The report must also address the dilution and dispersion of viruses in the treated blackwater and the impact on shellfish for human consumption.
     (2) For each year from 2005 until 2010, the department shall analyze all water quality data received from commercial passenger vessels and make available to the public, using the agency's web site, by December 31st of each year a report that summarizes all data collected in lay terms.

NEW SECTION.  Sec. 12   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 13   Section 11 of this act expires January 1, 2011.

NEW SECTION.  Sec. 14   This act takes effect January 1, 2006.