CCLME.ORG - PRC Division 38 (commencing with 72400)
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State
California
PRC Sec 72400-72442 CALIFORNIA CLEAN COAST ACT


PUBLIC RESOURCES CODE
SECTION 72400-72442





72400. The Legislature finds and declares both of the following:
(a) California is home to four of the 13 national marine
sanctuaries. These areas support some of the world's most diverse
marine ecosystems and are home to numerous mammals, seabirds, fish,
invertebrates, and plants.
(b) The protection and enhancement of the quality of the marine
waters of the state and marine sanctuaries, and the protection of
public health and the environment, requires that the release from
large passenger vessels and oceangoing ships of hazardous waste,
other waste, sewage sludge, and oily bilgewater, into the marine
waters of the state and marine sanctuaries, and the release of
graywater by large passenger ships into the marine waters of the
state, should be prohibited.



72401. (a) The Legislature finds and declares that the protection
and enhancement of the quality of the marine waters of the state
requires that the release of sewage from large passenger vessels, and
the release of sewage and graywater from oceangoing ships with
sufficient holding tank capacity, into the marine waters of the state
should be prohibited.
(b) The Legislature intends to request the Congress of the United
States to amend the Federal Water Pollution Control Act (33 U.S.C.
Sec. 1251 and following) to provide California with authority similar
to that granted to the State of Alaska by Public Law 106-554, to
regulate the release of sewage from large passenger vessels and
oceangoing ships in the marine waters of the state.
(c) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.

72410. (a) Unless the context otherwise requires, the definitions
set forth in this section govern this division.
(b) "Board" means the State Water Resources Control Board.
(c) "Commission" means the State Lands Commission.
(d) "Graywater" means drainage from dishwasher, shower, laundry,
bath, and washbasin drains, but does not include drainage from
toilets, urinals, hospitals, or cargo spaces.
(e) "Hazardous waste" has the meaning set forth in Section 25117
of the Health and Safety Code, but does not include sewage.
(f) "Large passenger vessel" or "vessel" means a vessel of 300
gross registered tons or greater that is engaged in the carrying of
passengers for hire, excluding all of the following vessels:
(1) Vessels without berths or overnight accommodations for
passengers.
(2) Noncommercial vessels, warships, vessels operated by nonprofit
entities as determined by the Internal Revenue Service, and vessels
operated by the state, the United States, or a foreign government.
(3) Oceangoing ships, as defined in subdivision (j).
(g) "Marine waters of the state" means "coastal waters" as defined
in Section 13181 of the Water Code.
(h) "Marine sanctuary" means marine waters of the state in the
Channel Islands National Marine Sanctuary, Cordell Bank National
Marine Sanctuary, Gulf of the Farallones National Marine Sanctuary,
or Monterey Bay National Marine Sanctuary.
(i) "Medical waste" means medical waste subject to regulation
pursuant to Part 14 (commencing with Section 117600) of Division 104
of the Health and Safety Code.
(j) "Oceangoing ship" means a private, commercial, government, or
military vessel of 300 gross registered tons or more calling on
California ports or places.
(k) "Oil" has the meaning set forth in Section 8750.
(l) "Oily bilgewater" includes bilgewater that contains used
lubrication oils, oil sludge and slops, fuel and oil sludge, used
oil, used fuel and fuel filters, and oily waste.
(m) "Operator" has the meaning set forth in Section 651 of the
Harbors and Navigation Code.
(n) "Other waste" means photography laboratory chemicals, dry
cleaning chemicals, or medical waste.
(o) "Owner" has the meaning set forth in Section 651 of the
Harbors and Navigation Code.
(p) "Release" means discharging or disposing of wastes into the
environment.
(q) "Sewage" has the meaning set forth in Section 775.5 of the
Harbors and Navigation Code, including material that has been
collected or treated through a marine sanitation device as that term
is used in Section 312 of the Clean Water Act (33 U.S.C. Sec. 1322)
or material that is a byproduct of sewage treatment.
(r) "Sewage sludge" has the meaning set forth in Section 122.2 of
Title 40 of the Code of Federal Regulations.
(s) "Sufficient holding tank capacity" means a holding tank of
sufficient capacity to contain sewage and graywater while the
oceangoing ship is within the marine waters of the state.
(t) "Waste" means hazardous waste and other waste.

72420. (a) If the appropriate federal agencies approve an
application made pursuant to subdivision (a) of Section 72440, or if
the board determines that an application is not required, an owner or
operator of a large passenger vessel or oceangoing ship may not
release, or permit anyone to release, any sewage sludge from the
vessel into the marine waters of the state or a marine sanctuary.
(b) If the Administrator of the United States Environmental
Protection Agency approves the application for sewage release made
pursuant to subdivision (a) of Section 72440, or if the board
determines that an application is not required, an owner or operator
of an oceangoing ship with sufficient holding tank capacity may not
release, or permit anyone to release, any sewage from the vessel into
the marine waters of the state.



72420.1. (a) If the Administrator of the United States
Environmental Protection Agency approves the application for sewage
release made pursuant to subdivision (a) of Section 72440, or if the
board determines that an application is not required, an owner or
operator of a large passenger vessel may not release, or permit
anyone to release, any sewage from the vessel into the marine waters
of the state.
(b) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.


72420.2. (a) An owner or operator of a large passenger vessel shall
not release, or permit anyone to release, from the vessel, graywater
into the marine waters of the state.
(b) An owner or operator of a large passenger vessel or oceangoing
ship shall not release, or permit anyone to release, from the
vessel, hazardous waste, other waste, or oily bilgewater into the
marine waters of the state or a marine sanctuary.
(c) An owner or operator of an oceangoing ship with sufficient
holding tank capacity shall not release, or permit anyone to release,
from the vessel, graywater into the marine waters of the state.



72421. (a) The owner or operator shall immediately, but no later
than 24 hours after a release, notify the board of any of the
following:
(1) A large passenger vessel release of graywater into the marine
waters of the state.
(2) Until January 1, 2010, a large passenger vessel release of
sewage into the marine waters of the state or a marine sanctuary.
(3) A large passenger vessel or ocean going ship release of
hazardous waste, other waste, sewage sludge, or oily bilgewater into
the marine waters of the state or a marine sanctuary.
(4) An oceangoing ship with sufficient holding tank capacity
release of sewage or graywater into the marine waters of the state or
a marine sanctuary.
(b) The owner or operator shall include all of the following in
the notification required pursuant to subdivision (a):
(1) Date of the release.
(2) Time of the release.
(3) Location of the release.
(4) Volume of the release.
(5) Source of the release.
(6) Remedial action taken to prevent future releases.




72423. An oceangoing ship with sufficient holding tank capacity and
capability for transfer shall either hold on board or shall transfer
sewage and graywater to a pumpout facility, if that facility is
available and accessible for the oceangoing ship where the ship is
docked, and shall not discharge sewage or graywater within California'
s waters.



72425. (a) (1) If the master, owner, operator, agent, or person in
charge of an oceangoing ship has operated, or has caused to be
operated, the oceangoing ship in the marine waters of the state
during 2006, that master, owner, operator, agent, or person in charge
shall provide the information described in subdivision (b) in
electronic or written form to the commission upon the vessel's
departure from its first port or place of call in California
beginning in 2006.
(2) The information described in subdivision (b) shall be
submitted on a form developed by the commission.
(b) The master, owner, operator, or person in charge of the
oceangoing vessel shall maintain on board the vessel, in written or
electronic form, records that include all of the following
information:
(1) Vessel information, including all of the following:
(A) Name.
(B) International Maritime Organization number or official number
if the International Maritime Organization number has not been
assigned.
(C) Vessel type.
(D) Owner or operator.
(E) Gross tonnage.
(F) Keel laid date.
(G) Port of registry.
(H) Typical or required number of crew.
(2) Graywater information, including the vessel's ability to store
graywater while in California waters and size and capacity of any
graywater holding tanks, as measured in metric tons.
(3) Blackwater information, including the vessel's ability to
store blackwater while in California waters and size and capacity of
any blackwater holding tanks, as measured in metric tons.
(4) Marine sanitation devices information, including number, size,
and nature of devices on the vessel treating sewage prior to
discharge.
(5) Connections to ensure transfer of sewage and graywater to
pumpout facilities.
(6) California port of call information, including expected number
of calls, in days, in ports within the state during 2006.
(7) Certification of accurate information, including the printed
name, title, and signature of the master, owner, operator, or person
in charge, or responsible officer attesting to the accuracy of the
information provided.
(c) The commission shall submit the reported information to the
board on or before February 1, 2007. The board shall submit the
reported information to the Legislature on or before October 1, 2007.
The board may submit the report to the Legislature in an electronic
form.

72430. (a) A person who violates Section 72420 or 72420.2, or until
January 1, 2010, Section 72420.1, is subject to a civil penalty of
not more than twenty-five thousand dollars ($25,000) for each
violation.
(b) The civil penalty imposed for each separate violation pursuant
to this section is separate from, and in addition to, any other
civil penalty imposed for a separate violation pursuant to this
section or any other provision of law.
(c) In determining the amount of a civil penalty imposed pursuant
to this section, the court shall take into consideration all relevant
circumstances, including, but not limited to, the nature,
circumstance, extent, and gravity of the violation. In making this
determination, the court shall consider the degree of toxicity and
volume of the release, the extent of harm caused by the violation,
whether the effects of the violation may be reversed or mitigated,
and with respect to the defendant, the ability to pay, the effect of
a civil penalty on the ability to continue in business, all voluntary
cleanup efforts undertaken, the prior history of violations, the
gravity of the behavior, the economic benefit, if any, resulting from
the violation, and all other matters the court determines justice
may require.
(d) (1) A civil action brought under this section may only be
brought in accordance with this subdivision. That civil action may
be brought by the Attorney General upon complaint or request by the
Department of Fish and Game or the appropriate California regional
water quality control board, or by a district attorney or city
attorney.
(2) Notwithstanding Section 13223 of the Water Code, a regional
water quality control board may delegate to its executive officer
authority to request the Attorney General for judicial enforcement
under this section.
(3) If a district attorney or city attorney brings an action under
this section, the action shall be in the name of the people of the
State of California.
(4) An action relating to the same violation may be joined or
consolidated.

72440. (a) (1) The board shall determine whether it is necessary to
apply to the federal government for the state to prohibit the
release of sewage or sewage sludge from large passenger vessels, and
oceangoing ships with sufficient holding tank capacity, into the
marine waters of the state or to prohibit the release of sewage
sludge from large passenger vessels and oceangoing ships into marine
sanctuaries, as described in subdivision (a) of Section 72420,
subdivision (a) of Section 72420.1, and Section 72420.2. If the board
determines that application is necessary for either sewage or sewage
sludge, or both, it shall apply to the appropriate federal agencies,
as determined by the board, to authorize the state to prohibit the
release of sewage or sewage sludge, or both, as necessary, from large
passenger vessels, and oceangoing ships with sufficient holding tank
capacity, into the marine waters of the state and, if necessary, to
authorize the state to prohibit the release of sewage sludge from
large passenger vessels and oceangoing ships into marine sanctuaries.

(2) It is not the Legislature's intent to establish for the marine
waters of the state a no discharge zone for sewage from all vessels,
but only for a class of vessels.
(b) The board shall request the appropriate federal agencies, as
determined by the board, to prohibit the release of sewage sludge and
oily bilgewater, except under the circumstances specified in Section
72441, by large passenger vessels and oceangoing ships, in all of
the waters that are in the Channel Islands National Marine Sanctuary,
Cordell Bank National Marine Sanctuary, Gulf of the Farallones
National Marine Sanctuary, and Monterey Bay National Marine
Sanctuary, that are not in the state waters.
(c) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.


72440. (a) The board shall determine whether it is necessary to
apply to the federal government for the state to prohibit the release
of sewage sludge from large passenger vessels into the marine waters
of the state or marine sanctuaries. If the board determines that
application is necessary, it shall apply to the appropriate federal
agencies, as determined by the board, to authorize the state to
prohibit the release of sewage sludge from large passenger vessels
into the marine waters of the state and marine sanctuaries.
(b) The board shall request the appropriate federal agencies, as
determined by the board, to prohibit the release of sewage sludge and
oily bilgewater, except under the circumstances specified in Section
72441, by large passenger vessels, in all of the waters that are in
the Channel Islands National Marine Sanctuary, Cordell Bank National
Marine Sanctuary, Gulf of the Farallones National Marine Sanctuary,
and Monterey Bay National Marine Sanctuary, that are not in the state
waters.
(c) This section shall become operative on January 1, 2010.



72440.1. The board shall request the appropriate federal agencies,
as determined by the board, to prohibit the release of waste by large
passenger vessels or oceangoing ships in all of the waters in the
Channel Islands National Marine Sanctuary, Cordell Bank National
Marine Sanctuary, Gulf of the Farallones National Marine Sanctuary,
and Monterey Bay National Marine Sanctuary; and, request, if
necessary, approval of the state's prohibition of the release of
waste in the marine sanctuaries.



72441. (a) This division does not apply to either of the following:

(1) A large passenger vessel or oceangoing ship that operates in
the marine waters of the state solely in innocent passage.
(2) Discharges made for the purpose of securing the safety of the
large passenger vessel or oceangoing ship or saving life at sea, if
reasonable precautions are taken for the purpose of preventing or
minimizing the discharge.
(b) For the purposes of this section, a vessel is engaged in
innocent passage if its operation in state waters would constitute
innocent passage under either the Convention on the Territorial Sea
and Contiguous Zone, dated April 29, 1958, or the United Nations
Convention on the Law of the Sea, dated December 10, 1982.



72442. The board may adopt regulations to carry out this division.