Washington State 401 Certification Conditions for the Small Vessel General Permit

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ATTACHMENT 2

sVGP Conditions

A. Conditions Related to Washington State Geography

1. The conditions and requirements of the Small Vessel General Permit (sVGP) shall extend 

to all surface waters of the state. (authority - Article XXIV of the Washington State 

Constitution and 43 USC § 1312)

2. Many of the instructions in the sVGP involve using onshore disposal if available. Proper 

interpretation of these instructions requires knowledge on pumpout facility locations. 

The VGP/sVGP webpage contains links to information showing where pumpout facilities 

are available and providing guidance on other vessel-related environmental issues.

B. Conditions Related to State Law

1. Except for firefighting foam discharged during an emergency, maintenance, or training, 

discharges to state waters are prohibited which would cause a sheen, film, sludge, foam, 

turbidity, color, or odor. (authority RCW 90.48.020, RCW 90.48.080, and WAC 173-

201A-260(2)(b))

2. Based upon experience in Washington State with vessel discharges violating RCW 

90.48.080 and requirements that the Department of Ecology has routinely imposed since 

before issuance of the original VGP or sVGP, the discharge of fish hold effluent while at 

a dock, pier, or mooring is prohibited.

3. The release to state waters of a harmful animal or plant species meets the state’s 

definition of pollution in RCW 90.48.020 and would be a violation of RCW 90.48.080, 

WAC 173-201A-260(2)(a), and the sVGP. sVGP Part 2.6(f) requires vessel operators to 

periodically inspect and clean vessel hulls if necessary to prevent the spread or dispersal 

of invasive species. sVGP Part 2.6(g) requires vessel operators to minimize the transport 

of visible living organisms from one waterbody to another. sVGP Part 3.2 requires 

quarterly inspection of the visible portions of the hull. Regular cleaning of hulls and 

niche areas is the only routinely available nontoxic method for minimizing transport of 

attached living organisms. 

The release of nonnative aquatic animal species from in-water cleaning of vessel hulls, 

niche areas, and running gear without approval from the Washington Department of Fish 

and Wildlife (WDFW) is forbidden by RCW 77.15.253. The state VGP/sVGP webpage 

described in Condition F. contains contact information and instructions for seeking 

WDFW approval.

Allowing biofouling to accumulate and mature without hull cleaning can also be 

interpreted as an illegal release. Operators of vessels with hulls which have not been 

cleaned for months or that are involved in extended unmanned periods or other lay-ups 

should conduct a hull inspection. A hull inspection under these circumstances is 
Washington State 401 Certification Conditions for the Small Vessel General Permit

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especially needed before leaving on a voyage to Washington State waters or a voyage 

between COTP zones within the state. In accordance with paragraphs 2.6(f) and 2.6(g) of 

the sVGP, vessel operators must periodically conduct hull inspections and perform hull 

cleaning if needed.

C. Notification Condition

The following incidents must be reported as soon as possible but no more than 24 hours after 

first becoming aware of their occurrence to the Washington State Department of Health 

(WDOH) at 360-236-3330 or 360-789-8962 (after hours). Information provided should 

include the discharge location (latitude and longitude), discharge volume, discharge type, 

date and time, and duration of discharge. WDOH need not be notified of any incident not 

occurring in state waters. (authority - RCW 69.30.130)

a. A discharge of graywater in violation of sVGP Part 2.7. 

b. Any vessel discharge containing sewage if the discharge exceeds the bacterial 

or suspended solids standards in 40 CFR 140.3(d).

c. Any upset in a disinfection system.

D. State Inspection Authority

1. In accordance with RCW 90.48.090, Department of Ecology inspectors shall have 

access to the ship at reasonable times and locations for the purpose of sampling 

discharges covered by the sVGP, interviewing crew members, and inspecting log 

books and other relevant records.

2. In accordance with WAC 220-150-033, WDFW inspectors shall have access at any 

time to any vessel carrying or capable of carrying ballast water in order to provide 

technical assistance, assess compliance, and enforce the requirements of Chapter 220-

150 WAC.

E. Reopener

The Water Quality Certification may be revoked if information becomes available that 

the sVGP is not protective of state water quality. Certification conditions may be 

withdrawn, added, or modified if necessary to protect water quality or improve 

implementation and enforcement. The Department of Ecology will provide public notice 

of any proposed changes to the certification or conditions.

F. State VGP/sVGP Webpage

In order to assist the public and shipping industry with sVGP requirements and related 

information, the Department of Ecology maintains a VGP/sVGP webpage at: 

http://www.ecy.wa.gov/programs/wq/permits/VGP/index.html. The webpage describes 

the legal history of the vessel permits and provides links to important state and federal 

documents. The webpage has guidances for graywater discharges, oily water separator 
Washington State 401 Certification Conditions for the Small Vessel General Permit

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discharges, and in-water load line painting. Hull cleaning guidance will be developed

and added. Information will be added on no discharge zones when they are granted. 

Guidance on pumpout facilities will be included.

G. Timing Requirements:

This Order shall remain in effect until December 18, 2017 or until the State invokes 

Condition E. to withdraw or modify this Order.