Chapter 150
AN ACT
SB 432
Relating to shipbreaking; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. (1) As used in this section:
(a) “Dry dock” means a
graving dock or a floating dry dock.
(b) “Floating dry dock”
means a vessel that can be flooded to allow a load to be floated in and drained
to allow that load to come to rest on a dry platform.
(c) “Fouling communities”
means the matrix consisting of:
(A) Native or nonnative
species attached to the hull of a ship including, but not limited to,
barnacles, bivalves, bryozoans, tunicates and seaweeds; and
(B) Native or nonnative
mobile species such as crustaceans, sea stars and worms that may be unattached
to the hull, but that inhabit a fouling community or inhabit protected recesses
and crevices in the hull, such as sea chests.
(d) “Fouling organisms”
means native or nonnative species that attach to the hull of a ship including,
but not limited to, sessile bottom-dwelling invertebrates, algae and
microorganisms such as bacteria and diatoms.
(e) “Graving dock” means
a paved excavation in the ground that can be flooded to allow a load to be
floated in and drained to allow that load to come to rest on a dry platform.
(f) “Hazardous materials”
includes, but is not limited to, asbestos, polychlorinated biphenyls, oil,
fuel, bilge and ballast water, paint and lead.
(g) “Ship” means a
vessel that weighs in excess of 200 gross tons and operates upon navigable
waterways.
(h) “Shipbreaking” means
the process of dismantling a ship for scrap or disposal.
(i) “Shipwreck” means a
ship that has been stranded or destroyed by being driven ashore or onto the
rocks or the shoal.
(j) “Waters of this
state” has the meaning given that term in ORS 196.800.
(2) In the State of
(a) May perform
shipbreaking activities only in a dry dock.
(b) May not perform
shipbreaking activities in the waters of this state:
(A) At a pier.
(B) At a dismantling
slip.
(C) In any other manner
that allows hazardous materials, fouling communities or fouling organisms that
are in or on the ship to enter the waters of this state.
(3) Notwithstanding
subsection (2) of this section, a person may in the waters of this state:
(a) Dismantle for
removal a ship that has been shipwrecked if the Department of State Lands
determines, in consultation with others as the department finds appropriate
including, but not limited to, other state agencies, the United States Coast
Guard and the shipowner, that it is physically impracticable to move the
shipwreck to a dry dock.
(b) Partially dismantle
a ship as may be required in the process of ship repair.
(4) Subsection (2) of
this section does not apply to the shipbreaking of a flat-bottomed barge that
is not self-propelled and that operates in the waters of this state.
SECTION 2. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor May 25, 2007
Filed in the office of Secretary of State May 25, 2007
Effective date May 25, 2007
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