reglab/housing_qa huggingface dataset:
WA Rev Code § 88.46.0601 (2021)
2021 Revised Code of Washington|Title 88 - Navigation and Harbor Improvements|Chapter 88.46 - Vessel Oil Spill Prevention and Response.|88.46.0601 - Contingency plans—Department to update rules.

RCW 88.46.0601 Contingency plans—Department to update rules.By December 31, 2019, consistent with the authority under RCW 88.46.060, the department must update rules for contingency plans to require:(1) Covered vessels to address situations where oils, depending on their qualities, weathering, environmental factors, and method of discharge, may submerge or sink in water; and(2) Standards for best achievable protection for situations involving the oils in subsection (1) of this section.[ 2018 c 262 § 202.]NOTES:Findings—Intent—Report—2018 c 262: See notes following RCW 82.23B.010.
WA Rev Code § 88.46.062 (2021)
2021 Revised Code of Washington|Title 88 - Navigation and Harbor Improvements|Chapter 88.46 - Vessel Oil Spill Prevention and Response.|88.46.062 - Nonprofit corporation providing contingency plan—Findings—Termination of maritime commission.

RCW 88.46.062 Nonprofit corporation providing contingency plan—Findings—Termination of maritime commission.(1) The legislature finds that there is a need to continue to provide oil spill response and contingency plan coverage for vessels that do not have their own contingency plans that transit the waters of this state. A nonprofit corporation shall be established for the sole purpose of providing oil spill response and contingency plan coverage in compliance with RCW 88.46.060.(2) The maritime commission may conduct activities and make expenditures necessary for the transition of services presently provided by the commission and its contractors to the nonprofit corporation established pursuant to this section.(3) Once the nonprofit corporation is established and the transfers under RCW 88.46.063 are completed, the maritime commission may cease operation.[ 1995 c 148 § 1.]NOTES:Effective date—1995 c 148 §§ 1-3: See note following RCW 88.46.060.
WA Rev Code § 88.46.063 (2021)
2021 Revised Code of Washington|Title 88 - Navigation and Harbor Improvements|Chapter 88.46 - Vessel Oil Spill Prevention and Response.|88.46.063 - Nonprofit corporation providing contingency plan—Transfer of functions and assets from maritime commission.

RCW 88.46.063 Nonprofit corporation providing contingency plan—Transfer of functions and assets from maritime commission.All reports, documents, surveys, books, records, files, papers, written materials, tangible property, and assets, including contracts and assessment moneys held by the maritime commission shall be transferred to the nonprofit corporation created under RCW 88.46.062. Funds transferred under this section shall be used for the sole purpose of providing oil spill response and contingency plan coverage and related activities in compliance with RCW 88.46.060. No funds may be transferred under this section until all liabilities of the maritime commission have been provided for or satisfied. All liabilities not provided for or satisfied by the maritime commission before cessation of its operations shall be transferred to the nonprofit corporation at the time the maritime commission's assets are transferred to the corporation.[ 1995 c 148 § 2.]NOTES:Effective date—1995 c 148 §§ 1-3: See note following RCW 88.46.060.
WA Rev Code § 88.46.068 (2021)
2021 Revised Code of Washington|Title 88 - Navigation and Harbor Improvements|Chapter 88.46 - Vessel Oil Spill Prevention and Response.|88.46.068 - Adequacy of contingency plans—Practice drills—Rules.

RCW 88.46.068 Adequacy of contingency plans—Practice drills—Rules.The department shall by rule adopt procedures to determine the adequacy of contingency plans approved under RCW 88.46.060. The rules shall require random practice drills without prior notice that will test the adequacy of the responding entities. The rules may provide for unannounced practice drills of individual contingency plans. The department shall review and publish a report on the drills, including an assessment of response time and available equipment and personnel compared to those listed in the contingency plans relying on the responding entities, and requirements, if any, for changes in the plans or their implementation. The department may require additional drills and changes in arrangements for implementing approved plans which are necessary to ensure their effective implementation.[ 2006 c 316 § 4.]NOTES:Severability—2006 c 316: See note following RCW 88.46.167.
WA Rev Code § 88.46.070 (2021)
2021 Revised Code of Washington|Title 88 - Navigation and Harbor Improvements|Chapter 88.46 - Vessel Oil Spill Prevention and Response.|88.46.070 - Enforcement of prevention plans and contingency plans—Determination of violation—Order or directive—Notice.

RCW 88.46.070 Enforcement of prevention plans and contingency plans—Determination of violation—Order or directive—Notice.(1) The provisions of prevention plans and contingency plans approved by the department pursuant to this chapter shall be legally binding on those persons submitting them to the department and on their successors, assigns, agents, and employees. The superior court shall have jurisdiction to restrain a violation of, compel specific performance of, or otherwise to enforce such plans upon application by the department. The department may issue an order pursuant to chapter 34.05 RCW requiring compliance with a contingency plan or a prevention plan and may impose administrative penalties for failure to comply with a plan.(2) If the director believes a person has violated or is violating or creates a substantial potential to violate the provisions of this chapter, the director shall notify the person of the director's determination by registered mail. The determination shall not constitute an order or directive under RCW 43.21B.310. Within thirty days from the receipt of notice of the determination, the person shall file with the director a full report stating what steps have been and are being taken to comply with the determination of the director. The director shall issue an order or directive, as the director deems appropriate under the circumstances, and shall notify the person by registered mail.(3) If the director believes immediate action is necessary to accomplish the purposes of this chapter, the director may issue an order or directive, as appropriate under the circumstances, without first issuing a notice or determination pursuant to subsection (2) of this section. An order or directive issued pursuant to this subsection shall be served by registered mail or personally upon any person to whom it is directed.[ 2000 c 69 § 7; 1992 c 73 § 21; 1991 c 200 § 420.]NOTES:Effective dates—1992 c 73: See RCW 82.23B.902.
WA Rev Code § 88.46.073 (2021)
2021 Revised Code of Washington|Title 88 - Navigation and Harbor Improvements|Chapter 88.46 - Vessel Oil Spill Prevention and Response.|88.46.073 - Violations of rules—Enforcement.

RCW 88.46.073 Violations of rules—Enforcement.If the director believes a person has violated or is violating or creates a substantial potential to violate the provisions of any rules adopted under this chapter, the director may institute such actions as authorized under RCW 88.46.070 (2) and (3).[ 2006 c 316 § 3.]NOTES:Severability—2006 c 316: See note following RCW 88.46.167.
WA Rev Code § 88.46.080 (2021)
2021 Revised Code of Washington|Title 88 - Navigation and Harbor Improvements|Chapter 88.46 - Vessel Oil Spill Prevention and Response.|88.46.080 - Unlawful operation of a covered vessel—Penalties—Evidence of approved contingency plan or prevention plan.

RCW 88.46.080 Unlawful operation of a covered vessel—Penalties—Evidence of approved contingency plan or prevention plan.(1) Except as provided in subsection (3) of this section, it shall be unlawful for the owner or operator to knowingly and intentionally operate in this state or on the waters of this state a covered vessel without an approved contingency plan or an approved prevention plan as required by this chapter, or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990.(2)(a) The first conviction under this section is a gross misdemeanor under chapter 9A.20 RCW.(b) A second or subsequent conviction is a class C felony under chapter 9A.20 RCW.(3) It shall not be unlawful for the owner or operator to operate a covered vessel if:(a) The covered vessel is not required to have a contingency plan, spill prevention plan, or financial responsibility;(b) All required plans have been submitted to the department as required by this chapter and rules adopted by the department and the department is reviewing the plan and has not denied approval; or(c) The covered vessel has entered state waters after the United States coast guard has determined that the vessel is in distress.(4) A person may rely on a copy of the statement issued by the department pursuant to RCW 88.46.060 as evidence that a vessel has an approved contingency plan and the statement issued pursuant to RCW 88.46.040 that a vessel has an approved prevention plan.(5) Any person found guilty of willfully violating any of the provisions of this chapter, or any final written orders or directive of the director or a court in pursuance thereof is guilty of a gross misdemeanor, as provided in chapter 9A.20 RCW, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment in the county jail for up to three hundred sixty-four days, or by both such fine and imprisonment in the discretion of the court. Each day upon which a willful violation of the provisions of this chapter occurs may be deemed a separate and additional violation.[ 2011 c 96 § 59; 2003 c 53 § 417; 2000 c 69 § 8; 1992 c 73 § 22; 1991 c 200 § 421.]NOTES:Findings—Intent—2011 c 96: See note following RCW 9A.20.021.Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.Effective dates—1992 c 73: See RCW 82.23B.902.
WA Rev Code § 88.46.100 (2021)
2021 Revised Code of Washington|Title 88 - Navigation and Harbor Improvements|Chapter 88.46 - Vessel Oil Spill Prevention and Response.|88.46.100 - Notification of vessel emergencies resulting in discharge of oil.

RCW 88.46.100 Notification of vessel emergencies resulting in discharge of oil.In addition to any notifications that the owner or operator of a covered vessel must provide to the United States coast guard regarding a vessel emergency, the owner or operator of a covered vessel must notify the state of any vessel emergency that results in the discharge or substantial threat of discharge of oil to state waters or that may affect the natural resources of the state within one hour of the onset of that emergency. The purpose of this notification is to enable the department to coordinate with the vessel operator, contingency plan holder, and the United States coast guard to protect the public health, welfare, and natural resources of the state and to ensure all reasonable spill preparedness and response measures are in place prior to a spill occurring.[ 2011 c 122 § 8; 2000 c 69 § 10; 1995 c 391 § 9; 1991 c 200 § 423.]NOTES:Effective date—1995 c 391: See note following RCW 38.52.005.
WA Rev Code § 88.46.120 (2021)
2021 Revised Code of Washington|Title 88 - Navigation and Harbor Improvements|Chapter 88.46 - Vessel Oil Spill Prevention and Response.|88.46.120 - Tank vessel response equipment standards.

RCW 88.46.120 Tank vessel response equipment standards.The department may adopt rules including but not limited to standards for spill response equipment to be maintained on tank vessels. The standards adopted under this section shall be consistent with spill response equipment standards adopted by the United States coast guard.[ 2000 c 69 § 11; 1991 c 200 § 425.]
WA Rev Code § 88.46.125 (2021)
2021 Revised Code of Washington|Title 88 - Navigation and Harbor Improvements|Chapter 88.46 - Vessel Oil Spill Prevention and Response.|88.46.125 - Emergency response system—Funding—Intent—Finding.

RCW 88.46.125 Emergency response system—Funding—Intent—Finding.(1) It is the intent of the legislature to provide the various components of the maritime industry with the tools necessary to satisfy the requirements of RCW 88.46.130 in the most cost-effective manner. In doing, the legislature encourages, but does not mandate, the maritime industry to unite behind their mutual interests and responsibilities and identify or form a single umbrella organization that allows all affected covered vessels to equitably share the costs inherent in the implementation of RCW 88.46.130.(2) The legislature further finds that, given the broad range of covered vessel types and sizes, an equitable sharing of the costs of implementing RCW 88.46.130 will likely mean that not all covered vessels will be responsible for providing the same amount of funding. Any umbrella organization that is identified or formed to satisfy the requirements of chapter 11, Laws of 2009 should consider the multitude of factors that comprise the risk of vessel emergencies and the likelihood of initiating a response from the emergency response vessel required by RCW 88.46.130.(3) The legislature intends to provide the authority for any operator of a covered vessel that feels as though an umbrella organization that is identified, formed, or proposed for formation does not equitably share the costs of compliance with RCW 88.46.130 with the covered vessel in question, or the class of vessel to which the covered vessel belongs, to either contract directly with an adequate emergency response vessel or form or join a discreet umbrella organization representing the appropriate segment of the maritime industry. However, if the operator of a covered vessel chooses not to join a proposed or existing umbrella organization, or finds that negotiations leading to the formation of an umbrella organization are not progressing in an adequate manner, the legislature requests, but does not require, that the vessel operator contact the department and provide official notice of their concern as to how the umbrella group in question failed in establishing an equitable cost-share strategy.(4) The department shall collect and maintain all notices received under this section and shall summarize any reports received by the operators of covered vessels and report the summation to the appropriate committees of the legislature upon request by a legislative committee.[ 2009 c 11 § 4.]NOTES:Findings—Intent—2009 c 11: See note following RCW 88.46.130.
WA Rev Code § 88.46.135 (2021)
2021 Revised Code of Washington|Title 88 - Navigation and Harbor Improvements|Chapter 88.46 - Vessel Oil Spill Prevention and Response.|88.46.135 - Emergency response system—Vessel planning standards.

RCW 88.46.135 Emergency response system—Vessel planning standards.(1) An emergency response towing vessel that is a part of the emergency response system required by RCW 88.46.130 must be stationed at Neah Bay and be available to respond to vessel emergencies. The towing vessel must be able to satisfy the following minimum planning standards:(a) Be underway within twenty minutes of a decision to deploy;(b) Be able to deploy at any hour of any day to provide emergency assistance within the capabilities of the minimum planning standards and be safely manned to remain underway for at least forty-eight hours;(c) In severe weather conditions, be capable of making up to, stopping, holding, and towing a drifting or disabled vessel of one hundred eighty thousand metric dead weight tons;(d) In severe weather conditions, be capable of holding position within one hundred feet of another vessel;(e) Be equipped with and maneuverable enough to effectively employ a ship anchor chain recovery hook and line throwing gun;(f) Be capable of a bollard pull of at least seventy short tons; and(g) Be equipped with appropriate equipment for:(i) Damage control patching;(ii) Vessel dewatering;(iii) Air safety monitoring; and(iv) Digital photography.(2) The requirements of this section may be fulfilled by one or more private organizations or nonprofit cooperatives providing umbrella coverage under contract to single or multiple covered vessels.(3)(a) The department must be authorized to contract with the emergency response towing vessel, at the discretion of the department, in response to a potentially emerging maritime casualty or as a precautionary measure during severe storms. All instances of use by the department must be paid for by the department.(b) Covered vessels that are required to provide an emergency response towing vessel under RCW 88.46.130 may not restrict the emergency response towing vessel from responding to distressed vessels that are not covered vessels.(4) Nothing in this section limits the ability of a covered vessel to contract with an emergency response towing vessel with capabilities that exceed the minimum capabilities provided for a towing vessel in this section.(5) The covered vessel owner or operator shall submit a written report to the department as soon as practicable regarding an emergency response system deployment, including photographic documentation determined by the department to be of adequate quality. The report must provide a detailed description of the incident necessitating a response and the actions taken to render assistance under the emergency response system.[ 2009 c 11 § 3.]NOTES:Findings—Intent—2009 c 11: See note following RCW 88.46.130.
WA Rev Code § 88.46.139 (2021)
2021 Revised Code of Washington|Title 88 - Navigation and Harbor Improvements|Chapter 88.46 - Vessel Oil Spill Prevention and Response.|88.46.139 - Emergency response system—Adequacy determination—Practice drills.

RCW 88.46.139 Emergency response system—Adequacy determination—Practice drills.(1) As part of reviewing contingency plans submitted under RCW 88.46.130, the department may determine the adequacy of the emergency response system required in RCW 88.46.130 through practice drills that test compliance with the requirements of RCW 88.46.135. Practice drills may be conducted without prior notice.(2) Each successful response to a vessel emergency may be considered by the department to satisfy a drill covering this portion of a covered vessel's contingency plan.(3) Drills of the emergency response system required in RCW 88.46.130 must emphasize the system's ability to respond to a potentially worst case vessel emergency scenario.[ 2009 c 11 § 6.]NOTES:Findings—Intent—2009 c 11: See note following RCW 88.46.130.
WA Rev Code § 88.46.160 (2021)
2021 Revised Code of Washington|Title 88 - Navigation and Harbor Improvements|Chapter 88.46 - Vessel Oil Spill Prevention and Response.|88.46.160 - Refueling, bunkering, or lightering operations—Availability of containment and recovery equipment—Rules.

RCW 88.46.160 Refueling, bunkering, or lightering operations—Availability of containment and recovery equipment—Rules.Any person or facility conducting ship refueling and bunkering operations, or the lightering of petroleum products, and any person or facility transferring oil between an onshore or offshore facility and a tank vessel shall have containment and recovery equipment readily available for deployment in the event of the discharge of oil into the waters of the state and shall deploy the containment and recovery equipment in accordance with standards adopted by the department. All persons conducting refueling, bunkering, or lightering operations, or oil transfer operations shall be trained in the use and deployment of oil spill containment and recovery equipment. The department shall adopt rules as necessary to carry out the provisions of this section by June 30, 2006. The rules shall include standards for the circumstances under which containment equipment should be deployed including standards requiring deployment of containment equipment prior to the transfer of oil when determined to be safe and effective by the department. The department may require a person or facility to employ alternative measures including but not limited to automatic shutoff devices and alarms, extra personnel to monitor the transfer, or containment equipment that is deployed quickly and effectively. The standards adopted by rule must be suitable to the specific environmental and operational conditions and characteristics of the facilities that are subject to the standards, and the department must consult with the United States coast guard with the objective of developing state standards that are compatible with federal requirements applicable to the activities covered by this section. An onshore or offshore facility shall include the procedures used to contain and recover discharges in the facility's contingency plan. It is the responsibility of the person providing bunkering, refueling, or lightering services to provide any containment or recovery equipment required under this section. This section does not apply to a person operating a ship for personal pleasure or for recreational purposes.[ 2004 c 226 § 3; 2000 c 69 § 12; 1991 c 200 § 438; 1987 c 479 § 2. Formerly RCW 90.48.510.]
WA Rev Code § 88.46.165 (2021)
2021 Revised Code of Washington|Title 88 - Navigation and Harbor Improvements|Chapter 88.46 - Vessel Oil Spill Prevention and Response.|88.46.165 - Oil transfers—Scope of rules—Reporting volumes of oil transferred.

RCW 88.46.165 Oil transfers—Scope of rules—Reporting volumes of oil transferred.(1) The department's rules authorized under RCW 88.46.160 and this section shall be scaled to the risk posed to people and to the environment, and be categorized by type of transfer, volume of oil, frequency of transfers, and such other risk factors as identified by the department.(2) The rules may require prior notice be provided before an oil transfer, regulated under this chapter, occurs in situations defined by the department as posing a higher risk. The notice may include the time, location, and volume of the oil transfer, as well as the region per bill of lading, gravity as measured by standards developed by the American petroleum institute, and type of crude oil. The rules may not require prior notice when marine fuel outlets are transferring less than three thousand gallons of oil in a single transaction to a ship that is not a covered vessel and the transfers are scheduled less than four hours in advance.(3) The department may require semiannual reporting of volumes of oil transferred to ships by a marine fuel outlet.(4) The rules may require additional measures to be taken in conjunction with the deployment of containment equipment or with the alternatives to deploying containment equipment. However, these measures must be scaled appropriately to the risks posed by the oil transfer.(5) The rules shall include regulations to enhance the safety of oil transfers over water originating from vehicles transporting oil over private roads or highways of the state.[ 2019 c 289 § 8; 2006 c 316 § 1.]NOTES:Finding—Intent—2019 c 289: See note following RCW 88.16.190.Severability—2006 c 316: See note following RCW 88.46.167.
WA Rev Code § 88.46.167 (2021)
2021 Revised Code of Washington|Title 88 - Navigation and Harbor Improvements|Chapter 88.46 - Vessel Oil Spill Prevention and Response.|88.46.167 - Inspection authority—Department to conduct specialized reviews and prioritize adding capacity.

RCW 88.46.167 Inspection authority—Department to conduct specialized reviews and prioritize adding capacity.In addition to other inspection authority provided for in this chapter and chapter 90.56 RCW, the department may conduct inspections of oil transfer operations regulated under RCW 88.46.160 or 88.46.165. The department must conduct specialized reviews and prioritize adding capacity for the inspection of oil transfer operations where oils, depending on their qualities, weathering, environmental factors, and method of discharge, may submerge or sink in water.[ 2018 c 262 § 205; 2006 c 316 § 2.]NOTES:Findings—Intent—Report—2018 c 262: See notes following RCW 82.23B.010.Severability—2006 c 316: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2006 c 316 § 5.]