Chapter 62 Oregon Laws 2005

AN ACT

HB 2170

Relating to ballast water; creating new provisions; and amending ORS 783.625, 783.630, 783.635, 783.640 and 783.992.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1)(a) There is created the Task Force on Ballast Water Management.

(b) The President of the Senate and the Speaker of the House of Representatives shall appoint two members from among members of the Legislative Assembly to serve in an advisory capacity to the task force.

(c) The Director of the Department of Environmental Quality may appoint members to the task force who represent federal, state, State of Washington, maritime, environmental and academic interests.

(2) The purpose of the task force is to study and make recommendations on changes to the ballast water program established in ORS 783.625 to 783.640, including but not limited to the following considerations:

(a) Shipping industry compliance with ORS 783.625 to 783.640;

(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 nonindigenous species into the waters of Oregon;

(e) The compatibility of ORS 783.625 to 783.640 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 Alaska, California and Washington 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 nonindigenous species;

(g) Amendments to the National Invasive Species Act of 1996 (P.L. 104-332) for a single national system of regulation; and

(h) The degree to which ballast water management is consistent with and made a part of efforts to eradicate invasive species throughout Oregon.

(3) Portland State University may provide staff support or coordination assistance to the task force, subject to available funding from gifts, grants or donations.

(4) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties.

(5) A majority of the members of the task force constitutes a quorum for the transaction of business.

(6) Official action by the task force requires the approval of a majority of the members of the task force.

(7) The task force shall elect one of its members to serve as chairperson.

(8) The task force shall submit a report, including recommendations for legislation, to an interim committee related to natural resources no later than October 1, 2006.

(9) Notwithstanding ORS 172.072, members of the task force who are members of the Legislative Assembly are not entitled to mileage expenses or a per diem and serve as volunteers on the task force. Other members of the task force are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force.

(10) As used in this section, “aquatic nonindigenous species” means any species or other viable biological material that enters an ecosystem beyond its historic range.

SECTION 2. ORS 783.625 is amended to read:

783.625. As used in ORS 783.625 to 783.640, unless the context requires otherwise:

(1) “Ballast water” means any water used to manipulate the trim and stability of a vessel.

(2) “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.

(3) “Coastal exchange” means [replacing] exchanging 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;]

[(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; or]

[(c) In accordance with regional or federal guidelines that provide for methods of replacing ballast water that are equally or more protective of the waters of this state than the methods provided in paragraphs (a) and (b) of this subsection.] at a distance of at least 50 nautical miles from land and at a depth of at least 200 meters.

(4) “Department” means the Department of Environmental Quality.

(5) “Oil” means oil, gasoline, crude oil, fuel oil, diesel oil, lubricating oil, oil sludge, oil refuse and any other petroleum related product.

(6) “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].

(7) “Passenger vessel” means a ship of 300 gross tons or more carrying passengers for compensation.

(8) “Sediment” means any matter that settles out of ballast water.

(9) “Ship” means any boat, ship, vessel, barge or other floating craft of any kind.

(10) “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

(11) “Vessel” means a tank vessel, cargo vessel or passenger vessel.

(12) “Voyage” means any transit by a vessel destined for any Oregon port.

(13) “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 3. ORS 783.635 is amended to read:

783.635. (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] a complete open sea or coastal exchange[, or a coastal exchange, if applicable,] of ballast water prior to entering the waters of this state. The open sea or coastal exchange must be performed using either of the following methods:

(A) Flow-through exchange. A flow-through exchange occurs when an amount of ocean water equal to or exceeding three times the capacity of the vessel’s ballast water tank is pumped into an opening in the ballast water tank while the existing ballast water is discharged through another opening.

(B) An empty and refill exchange. An empty and refill exchange occurs when a ballast water tank is pumped empty to the point that the pump loses suction and then is refilled with ocean water.[; or]

(b) Without performing an open sea exchange or a coastal exchange of ballast water if:

(A)(i) The owner or operator reasonably believes that an exchange would threaten the safety of the vessel; or [if]

(ii) The exchange is not feasible due to vessel design limitations or equipment failure; and

(B) The vessel discharges only the amount of ballast water that is operationally necessary.

(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 ORS 783.640.

SECTION 4. ORS 783.640 is amended to read:

783.640. (1) Owners or operators of vessels regulated under ORS [783.630] 783.625 to 783.640 must report ballast water management information to the Department of Environmental Quality:

(a) For voyages greater than 24 hours in length, at least 24 hours prior to entering the waters of this state; or

(b) For voyages less than 24 hours in length, prior to departing the port or place of departure.

(2) The department may work with maritime associations and any national ballast information clearinghouse to establish the manner and form of [such] the reporting required under this section.

[(2)] (3) The department may verify compliance with ORS [783.630] 783.625 to 783.640 by relying on tests conducted by the United States Coast Guard or on other tests determined to be appropriate by the department.

SECTION 5. ORS 783.630 is amended to read:

783.630. (1) [This section and ORS 783.635] ORS 783.625 to 783.640 apply to all vessels carrying ballast water into the waters of this state from a voyage, except a vessel that:

(a) Discharges ballast water only at the location where the ballast water originated, if the ballast water is not mixed with ballast water from areas other than open sea waters;

(b) Does not discharge ballast water in 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;

(e) Discharges ballast water that originated solely from waters located between the parallel 40 degrees north latitude and the parallel 50 degrees north latitude on the west coast of North America; or

(f) Discharges ballast water that has been treated to remove organisms in a manner that is approved by the United States Coast Guard.

(2) ORS [783.630] 783.625 to 783.640 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 applicable to those substances.

(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 ORS 783.640, whether or not ballast water is carried or discharged in the waters of this state.

SECTION 6. ORS 783.992 is amended to read:

783.992. (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 ORS [783.630] 783.625 to 783.640. 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 ORS 783.640 may not exceed $500 per violation.

SECTION 7. Section 1 of this 2005 Act is repealed on the date of the convening of the next regular biennial legislative session.

Approved by the Governor May 18, 2005

Filed in the office of Secretary of State May 19, 2005

Effective date January 1, 2006

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