Current through Register Vol. 24-18, September 15, 2024
(1) A vessel
owner or operator may not remove or discharge sediment or tank fouling
organisms into waters of the state from spaces carrying ballast water unless
that sediment or those organisms are discharged solely in the location from
which they originated. Sediment is known to contain nonindigenous species that
are otherwise missed during open sea exchange and operations that would
otherwise meet ballast water discharge performance standards. These rules
implement
RCW
77.120.020(1)(b) and the
overall authority under
RCW
77.120.030(3) and
77.120.040(5)
to set standards by rule that provide a minimal risk of introducing
nonindigenous species into the waters of the state.
(2)
Ballast tank sediment removal
options.
(a) In general. Three options
are provided for the effective removal of sediment and any fouling organisms in
a vessel's ballast tanks, including saltwater flushing, upland disposal, or use
of an approved reception facility.
(b) Saltwater flushing. Ballast tanks must be
cleaned as necessary in open sea exchange areas consistent with WAC
220-650-070(3)
voyage requirements unless common water rules apply under WAC
220-650-070(4)
except for ballast-related fouling organisms. Sediment may be removed by
saltwater flushing of ballast water tanks by:
(i) Adding open sea water to a ballast water
tank that contains residual quantities of ballast waters;
(ii) Mixing the open sea water with the
residual ballast water and sediment in the tank through the motion of a vessel
or alternative means so that the sediment becomes suspended; and
(iii) Discharging the mixed water so that the
salinity of the resulting residual ballast water in the tank exceeds thirty
parts per thousand.
(c)
Upland disposal. Tank sediment and fouling organisms may be removed from the
vessel under controlled arrangements in port or in drydock, and disposed of in
accordance with local, state, and federal law.
(d) Sediment reception facilities. The
department, in consultation with the department of ecology, will adopt
department policies as necessary for sediment reception facilities. These
facilities must be approved by the department for use and provide for the
disposal of such sediment in a way that effectively eliminates the risk of
nonindigenous species and does not impair or damage the environment, human
health, property, or resources of the disposal area.
(3)
Reporting. Sediment cleaning
and discharges must be recorded in the vessel's ballast water log or record
book as defined in WAC
220-650-030(6),
or in another format conforming to the intent of that section.
Statutory Authority:
RCW
77.12.047,
77.120.030,
77.120.040, and
77.120.070. 09-14-052 (Order
09-110), §
220-150-070, filed 6/25/09,
effective 7/26/09.
