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Assembly Bill No. 2672

CHAPTER 764

An act to amend Section 72410 of, to amend, repeal, and add Sections

72400, 72421, 72430, and 72440 of, and to add and repeal Section 72425

of, the Public Resources Code, relating to vessels.

[Approved by Governor September 24, 2004. Filed

with Secretary of State September 24, 2004.]

LEGISLATIVE COUNSEL’S DIGEST

AB 2672, Simitian. Large passenger vessels: sewage.

Existing law prohibits large passenger vessels, as defined, from

releasing specified substances into the marine waters of the state.

Existing law requires the State Water Resources Control Board to apply

to the federal government to prohibit the release of specified substances

in waters that are not in state waters, but are in certain marine sanctuaries.

Federal law prohibits a state from prohibiting vessels from

discharging sewage, unless the state applies to and receives approval

from the United States Environmental Protection Agency.

Existing law requires an owner or operator of a large passenger vessel

that releases specified substances into the marine waters of the state or

a marine sanctuary, as defined, to immediately report the release to the

board, as specified.

This bill would require, until January 1, 2010, the board to determine

whether it is necessary for the state to apply to the federal government

to authorize the state to prohibit the release of sewage, as defined, from

large passenger vessels into the marine waters of the state. If the board

determines that it is necessary, the bill would require the board to make

that application. The bill would provide that 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. The bill would

provide that the Legislature intends to request the Congress of the United

States to provide the state with authority to regulate the release of sewage

from large passenger vessels into the marine waters of the state, as

specified.

If the application is approved or the board determines that the

application is not required, the bill would prohibit, until January 1, 2010,

the owner or operator of a large passenger vessel from releasing, or

permitting anyone to release, any sewage from the vessel into the marine

waters of the state, and would subject a person who violates that

prohibition to a civil penalty, as specified.
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The bill would require, until January 1, 2010, the owner or operator

of a large passenger vessel that releases sewage into the marine waters

of the state or a marine sanctuary, as defined, to immediately report the

release to the board, as specified.

The people of the State of California do enact as follows:

SECTION 1. Section 72400 of the Public Resources Code is

amended to read:

72400. (a) The Legislature finds and declares that the protection

and enhancement of the quality of the marine waters of the state and

marine sanctuaries requires that the release from large passenger vessels

of sewage sludge and oily bilgewater, into the marine waters of the state

and marine sanctuaries, should be prohibited.

(b) 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 into the marine waters

of the state should be prohibited.

(c) 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 in the marine waters of

the state.

(d) 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.

SEC. 1.5. Section 72400 is added to the Public Resources Code, to

read:

72400. (a) The Legislature finds and declares that the protection

and enhancement of the quality of the marine waters of the state and

marine sanctuaries requires that the release from large passenger vessels

of sewage sludge and oily bilgewater, into the marine waters of the state

and marine sanctuaries, should be prohibited.

(b) This section shall become operative on January 1, 2010.

SEC. 2. Section 72410 of the Public Resources Code is amended to

read:

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) ‘‘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:
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(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.

(d) ‘‘Marine waters of the state’’ means ‘‘coastal waters’’ as defined

in Section 13181 of the Water Code.

(e) ‘‘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.

(f) ‘‘Oil’’ has the meaning set forth in Section 8750.

(g) ‘‘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.

(h) ‘‘Operator’’ has the meaning set forth in Section 651 of the

Harbors and Navigation Code.

(i) ‘‘Owner’’ has the meaning set forth in Section 651 of the Harbors

and Navigation Code.

(j) ‘‘Release’’ means discharging or disposing of wastes into the

environment.

(k) ‘‘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.

(l) ‘‘Sewage sludge’’ has the meaning set forth in Section 122.2 of

Title 40 of the Code of Federal Regulations.

SEC. 3. Section 72421 of the Public Resources Code is amended to

read:

72421. (a) If a large passenger vessel releases sewage sludge,

sewage, or oily bilgewater into the marine waters of the state or a marine

sanctuary, the owner or operator shall immediately, but no later than 24

hours after the release, notify the board of the release. The owner or

operator shall include all of the following information in the notification:

(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 actions taken to prevent future releases.
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(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.

SEC. 4. Section 72421 is added to the Public Resources Code, to

read:

72421. (a) If a large passenger vessel releases sewage sludge or oily

bilgewater into the marine waters of the state or a marine sanctuary, the

owner or operator shall immediately, but no later than 24 hours after the

release, notify the board of the release. The owner or operator shall

include all of the following information in the notification:

(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 actions taken to prevent future releases.

(b) This section shall become operative on January 1, 2010.

SEC. 5. Section 72425 is added to the Public Resources Code, to

read:

72425. (a) If the Administrator of the United States Environmental

Protection Agency approves the application for sewage 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.

SEC. 6. Section 72430 of the Public Resources Code is amended to

read:

72430. (a) A person who violates Section 72420 or 72425 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
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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.

(e) This section shall become inoperative on January 1, 2010, and, as

of January 1, 2010, is repealed, unless a later enacted statute that

becomes operative on or before January 1, 2010, deletes or extends the

dates on which it becomes inoperative and is repealed.

SEC. 7. Section 72430 is added to the Public Resources Code, to

read:

72430. (a) A person who violates Section 72420 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
Ch. 764 —6—

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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.

(e) This section shall become operative on January 1, 2010.

SEC. 8. Section 72440 of the Public Resources Code is amended to

read:

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 into the marine

waters of the state or to prohibit the release of sewage sludge from large

passenger vessels into marine sanctuaries, as described in subdivision

(a) of Section 72420 and Section 72425. 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 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 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, 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.
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(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.

SEC. 9. Section 72440 is added to the Public Resources Code, to

read:

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.

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