Washington State 401 Certification Conditions for the Small Vessel General Permit

Attachment 2 Page | 1 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 locatio ns. 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 Was hington 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 p rohibited.

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 opera tors 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 aquati c 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 t hat are involved in extended unmanned periods or other lay

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

Attachment 2 Page | 2 especially needed before leaving on a voyage to Washington State waters or a voyage

between COTP zones within t he 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 s hould 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 o f 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 rel evant 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 Chapt er 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 wat er 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 sVG P 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 l egal history of the vessel permits and provides links to important state and federal documents. The webpage has guidances for graywater discharges, oily water separatorWashington State 401 Certification Conditions for the Small Vessel General Permit

Attachment 2 Page | 3 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

.