Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 143 - BALLAST WATER MANAGEMENT
Section 340-143-0020 - Ballast Water Management: Reporting, Management Plans and Recordkeeping
Current through Register Vol. 63, No. 3, March 1, 2024
(1) A vessel owner or operator covered by OAR chapter 340, division 143 must report ballast water management information to DEQ at least 24 hours before entering waters of the state. When the vessel's voyage is less than 24 hours in total duration, the report must be submitted prior to departing the vessel's port or place of departure. The report is required whether or not the owner or operator plans to discharge ballast water into waters of the state. Compliance with these reporting requirements may be met by sending the report to DEQ via e-mail, fax, or mail. Vessel owners or operators who rely on a third party to collect, forward or submit ballast water reporting forms are responsible for ensuring that DEQ receives the ballast water management information as required in this section. Electronic reporting must be submitted using methods and file formats approved by DEQ.
(2) The report must be submitted on a form acceptable to the U.S. Coast Guard pursuant to 33 CFR part 151 , unless DEQ approves an alternative format in writing.
(3) If a vessel owner or operator alters or plans to alter its ballast water management for any reason after reporting its ballast water management information, the owner or operator must submit an amended ballast water management report to DEQ. An amended reporting form must be filed at the time of first known or predictable change of destination, and immediately upon completion of discharge operations resulting in changes to actual volume of ballast water discharged.
(4) Any owner or operator failing to report ballast water management information as required by this rule must file the required report immediately upon discovering the violation.
(5) Vessel owners or operators must develop and maintain on board a ballast water management plan that is specifically developed for the vessel and that allows those responsible for the plan's implementation to understand and follow the vessel's ballast management strategy. The contents, training requirements and availability must be consistent with ballast water management plan regulations established by the U.S. Coast Guard under 33 CFR 151.2035a subpart D.
(6) Vessel owners or operators must record all ballast water and sediment management operations in the vessel's ballast water log, record book or other suitable documentation system.
Publications: Publications referenced are available from the agency.
Statutory/Other Authority: ORS 468.020 & 783.620 - 783.640
Statutes/Other Implemented: ORS 783.620 - 783.640