Chapter 722 Oregon Laws 2001
AN ACT
SB 895
Relating to ballast water
management; creating new provisions; and amending ORS 783.600.
Whereas the Legislative Assembly finds that aquatic
nuisance species have the potential to cause economic and environmental damage
to this state and that current national efforts to stop the introduction of
aquatic nuisance species through ballast water from shipping vessels do not
adequately reduce the risk of new introductions into the waters of this state;
and
Whereas the Legislative Assembly finds that no treatment
technology currently exists to adequately address the issue of ballast water
management and that research into treatment technologies and consistent federal
standards must be developed in order to fully address this issue; and
Whereas the Legislative Assembly finds that deep ocean
exchange of ballast water is an interim partial solution that is available to
ocean-going vessels and has yet to be fully implemented by industry; and
Whereas the Legislative Assembly recognizes the
international ramifications and rapidly changing dimensions of this issue and
the difficulty that any one state has in legally, cost effectively or
practically managing this issue; and
Whereas recognizing the possible limits of state jurisdiction
over international issues, the Legislative Assembly declares its support for
the efforts of the United Nations International Maritime Organization and the
United States Coast Guard; and
Whereas the State of Oregon intends to complement, to the
extent practical and cost effective, the United States Coast Guard’s ballast
water management program and recommend necessary changes and improvements to
the United States Coast Guard in the program; and
Whereas the Legislative Assembly recognizes that the State
of Oregon and the State of Washington face certain special legal issues arising
from the shared waters of the Columbia River; and
Whereas the Legislative Assembly intends that, when
practical and cost effective, implementation of sections 1 to 5 of this 2001
Act shall be coordinated with related rules and regulations adopted by the
State of Washington and the State of California; and
Whereas the Legislative Assembly recognizes that ballast
water should be managed from the federal level and urges the United States
Congress to strengthen the federal ballast water program and, with regional
input, apply consistent rules and standards for all waters of the United
States; and
Whereas the Legislative Assembly fully intends for this
2001 Act to conform to future federal laws on ballast water management; now,
therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1.
As used in sections 1 to 5 of this 2001
Act, unless the context requires otherwise:
(1) “Aquatic nuisance
species” means any species or other viable biological material that enters an
ecosystem beyond its historic range.
(2) “Ballast water”
means any water and associated sediment used to manipulate the trim and
stability of a vessel.
(3) “Cargo vessel” means
a self-propelled ship in commerce, other than a tank vessel or a vessel used
solely for commercial fish harvesting, of 300 gross tons or more.
(4) “Coastal exchange”
means replacing the ballast water taken onboard at a North American coastal
port in one of the following manners:
(a) For vessels
departing from a North American coastal port located south of the parallel 40
degrees north latitude, and traveling northward into the waters of this state,
the replacement of ballast water at sea south of the parallel 40 degrees north
latitude; or
(b) For vessels
departing from a North American coastal port located north of the parallel 50
degrees north latitude, and traveling southward into the waters of this state,
the replacement of ballast water at sea north of the parallel 50 degrees north
latitude.
(5) “Department” means
the Department of Environmental Quality.
(6) “Oil” means oil,
gasoline, crude oil, fuel oil, diesel oil, lubricating oil, oil sludge, oil
refuse and any other petroleum related product.
(7) “Open sea exchange”
means a replacement of ballast water that occurs in an area no less than 200
nautical miles from any shore and where the water depth exceeds 2,000 meters.
(8) “Passenger vessel”
means a ship of 300 gross tons or more carrying passengers for compensation.
(9) “Sediment” means any
matter that settles out of ballast water.
(10) “Ship” means any
boat, ship, vessel, barge or other floating craft of any kind.
(11) “Tank vessel” means
a ship that is constructed or adapted to carry oil in bulk as cargo or cargo
residue other than:
(a) A vessel carrying
oil in drums, barrels or other packages;
(b) A vessel carrying
oil as fuel or stores for that vessel; or
(c) An oil spill
response barge or vessel.
(12) “Vessel” means a
tank vessel, cargo vessel or passenger vessel.
(13) “Voyage” means any
transit by a vessel destined for any Oregon port.
(14) “Waters of this
state” means natural waterways including all tidal and nontidal bays,
intermittent streams, constantly flowing streams, lakes, wetlands and other
bodies of water in this state, navigable and nonnavigable, including that
portion of the Pacific Ocean that is in the boundaries of Oregon.
SECTION 2.
(1) This section and section 3 of this
2001 Act apply to all vessels carrying ballast water into the waters of this
state from a voyage, except a vessel that:
(a) Discharges ballast
water or sediment only at the location where the ballast water or sediment
originated, if the ballast water or sediment are not mixed with ballast water
or sediment from areas other than open sea waters;
(b) Does not discharge
ballast water in waters of this state;
(c) Traverses only the
internal waters of this state;
(d) Traverses only the
territorial sea of the United States and does not enter or depart an Oregon
port or navigate the waters of this state; or
(e) Discharges ballast
water or sediment that originated solely from waters located between the
parallel 40 degrees north latitude and the parallel 50 degrees north latitude.
(2) Sections 2 to 4 of
this 2001 Act do not authorize the discharge of oil or noxious liquid
substances in a manner prohibited by state, federal or international laws or
regulations. Ballast water containing oil or noxious liquid substances shall be
discharged in accordance with the applicable requirements.
(3) Nothing in this
section:
(a) Requires an open sea
exchange or coastal exchange if the owner or operator in charge of a vessel
determines that performing an open sea exchange or coastal exchange would
threaten the safety or stability of the vessel or the safety of the vessel’s crew
or passengers because of any extraordinary condition, including but not limited
to adverse weather, vessel design limitations or equipment failure.
(b) Exempts the owner or
operator in charge of a vessel from the reporting requirements under section 4
of this 2001 Act, whether or not ballast water is carried or discharged in the
waters of this state.
SECTION 3.
(1) Except as authorized by this
section, the discharge of ballast water in the waters of this state is
prohibited.
(2) An owner or operator
of a vessel may discharge ballast water in the waters of this state:
(a) If the owner or
operator has conducted an open sea exchange, or a coastal exchange, if
applicable, of ballast water prior to entering the waters of this state; or
(b) Without performing
an open sea exchange or a coastal exchange of ballast water if the owner or
operator reasonably believes that an exchange would threaten the safety of the
vessel or if the exchange is not feasible due to vessel design limitations or
equipment failure.
(3) An owner or operator
who discharges ballast water in the waters of this state under subsection
(2)(b) of this section is subject to the reporting requirements under section 4
of this 2001 Act.
SECTION 4.
(1) Owners or operators of vessels
regulated under sections 2 to 4 of this 2001 Act must report ballast water
management information to the Department of Environmental Quality at least 24
hours prior to entering the waters of this state. The department may work with
maritime associations to establish the manner and form of such reporting.
(2) The department may
verify compliance with sections 2 to 4 of this 2001 Act by relying on tests
conducted by the United States Coast Guard or on other tests determined to be
appropriate by the department.
SECTION 5.
(1) The Director of the Department of
Environmental Quality shall establish a task force to study and recommend
appropriate changes and additions to sections 2 to 4 of this 2001 Act,
including but not limited to changes based upon the following considerations:
(a) Shipping industry
compliance with sections 2 to 4 of this 2001 Act;
(b) Practical and
cost-effective ballast water treatment technologies;
(c) Appropriate
standards for discharge of treated ballast water in waters of this state;
(d) The degree to which
open sea exchange and coastal exchange of ballast water decreases the risk of
transporting aquatic nuisance species into the waters of Oregon;
(e) The compatibility of
sections 2 to 4 of this 2001 Act with new laws enacted by the United States
Congress, regulations promulgated by the United States Coast Guard and ballast
water management programs established by the States of Washington and California
and the Province of British Columbia;
(f) Research
requirements for ballast water treatment technology and other areas of concern
related to the possible introduction of aquatic nuisance species;
(g) Amendments to the
National Invasive Species Act of 1996 (P.L. 104-332) for a single national
system of regulation; and
(h) How ballast water
management is consistent with and made a part of efforts to eradicate invasive
species throughout Oregon.
(2) Subject to available
funding from gifts, grants or donations, Portland State University may, from
the appropriate department, provide staff and coordination assistance to the
task force.
(3) The director shall
consider appointing persons to the task force who represent federal, state,
State of Washington, maritime, environmental and academic interests.
(4) Two members of the
Legislative Assembly appointed jointly by the President of the Senate and the
Speaker of the House of Representatives shall act in an advisory capacity to
the task force.
(5) The task force shall
report its recommendations to the appropriate House of Representatives and
Senate committees of the Seventy-second Legislative Assembly by January 2003.
SECTION 6.
The Director of the Department of
Environmental Quality shall establish the task force specified in section 5 of
this 2001 Act no later than 60 days after the effective date of this 2001 Act.
SECTION 7.
(1) Except as provided in subsection (2)
of this section, the Director of the Department of Environmental Quality may
impose a civil penalty on the owner or operator of a vessel for failure to
comply with the requirements of sections 2 to 4 of this 2001 Act. The penalty
imposed under this section may not exceed $5,000 for each violation. In
determining the penalty imposed, the director shall consider whether the
violation was intentional, negligent or without any fault and shall consider
the quality and nature of risks created by the violation. The owner or operator
of a vessel subject to such a penalty may contest the determination by
requesting a hearing under ORS 183.413 to 183.470.
(2) The civil penalty
for a violation of the reporting requirements of section 4 of this 2001 Act may
not exceed $500 per violation.
SECTION 8.
ORS 783.600 is amended to read:
783.600. [No person,
whether an officer of a vessel or not, shall] Except as provided in section 3 of this 2001 Act, a person may not
discharge the ballast of any vessel into the navigable portions or channels of
any of the bays, harbors or rivers of this state, or within the jurisdiction of
this state, so as to injuriously affect such portions or channels of such bays,
harbors or rivers, or to obstruct navigation thereof.
Approved by the Governor
July 2, 2001
Filed in the office of
Secretary of State July 2, 2001
Effective date January 1,
2002
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