reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-31 - Cargo and passenger vessels - Substantial risk › Part 1 - VESSEL SCREENING › Section 317-31-120 - Intrastate operation

Current through Register Vol. 24-14, July 15, 2024
(1) If a cargo
				or passenger vessel is underway more than fifty percent of the time in state
				waters in a calendar year, the vessel's owner or operator shall submit to the
				office a written schedule of the vessel's typical operations before operating
				the vessel in state waters.
(2) The
				written schedule must identify the:
(a)
				Vessel's name, size (including gross tonnage, length overall, beam, and maximum
				anticipated draft), type, call sign, and official number;
(b) Name, mailing address, telefax number,
				and telephone number for immediate contact of the owner or operator;
(c) Vessel's maximum fuel oil capacity in
				barrels, average quantity of fuel oil carried, type of fuel oil carried, usual
				place and schedule for bunkering;
(d) Typical routes served by the
				vessel;
(e) Usual or typical
				schedule of the vessel; and
(f)
				Cargo(s) carried and capacity.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-31 - Cargo and passenger vessels - Substantial risk › Part 1 - VESSEL SCREENING › Section 317-31-130 - Safety reports

Current through Register Vol. 24-14, July 15, 2024
(1) The owners or
				operators of cargo and passenger vessels shall submit a safety report to the
				office that indicates the existence of any of the following vessel conditions:
(a) Any abnormality or malfunction of any
				steering, propulsion or safety systems, or navigation systems required by
				federal or international law or regulation;
(b) A breach of the hull or the integrity of
				a cargo or bunker tank that causes or that may reasonably be expected to cause
				an oil spill or loss of stability;
(c) Damage from a fire or
				explosion;
(d) An incomplete
				engineering or deck complement under United States law or regulation or under
				the requirements of the vessel's country of registry; or
(e) Any condition that could adversely affect
				the safety of a vessel, bridge, structure, shore area, or the
				environment.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-31 - Cargo and passenger vessels - Substantial risk › Part 1 - VESSEL SCREENING › Section 317-31-140 - Safety reports after notice of entry

Current through Register Vol. 24-14, July 15, 2024
If a condition described in WAC
				  317-31-130(1) 
				  arises after a notice of entry or notice of intrastate operation is submitted,
				  the owner or operator shall immediately notify the office of the condition by
				  telefax or telephone. A written safety report meeting the requirements of WAC
				  317-31-130 must be submitted to
				  the office no later than forty-eight hours after notice of the condition is
				  made.
Statutory Authority:
					 RCW
					 88.46.050 and
					 43.21I.030. 96-12-077, §
											317-31-140, filed 6/5/96,
					 effective 7/6/96.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-31 - Cargo and passenger vessels - Substantial risk › Part 2 - VESSEL BOARDING › Section 317-31-200 - Accepted industry standards

Current through Register Vol. 24-14, July 15, 2024
Accepted industry standards are those standards established
				  under WAC
				  317-31-220 for cargo and
				  passenger vessels, or WAC
				  317-31-230 for fishing vessels,
				  and applicable requirements of the following international conventions and
				  federal regulations:
(1) The
				International Convention for the Safety of Life at Sea, 1974 (SOLAS);
(2) The International Convention on Standards
				of Training, Certification and Watchkeeping for Seafarers, 1978
				(STCW);
(3) The International
				Convention for Prevention of Pollution from Ships, 1973, as modified by the
				Protocol of 1978 relating thereto (MARPOL 73/78);
(4) The International Labor Organization,
				Convention Concerning Minimum Standards in Merchant Ships, convention number
				147 (ILO 147);
(5) Provisions of
				chapter 33 of the Code of Federal Regulations including:
(a) Part 26 (Vessel bridge-to-bridge
				radiotelephone regulations);
(b)
				Part 70 (Interference with or damage to aids to navigation);
(c) Subchapter D (International Navigation
				Rules);
(d) Subchapter E (Inland
				Navigation Rules);
(e) Part 95
				(Operating a vessel while intoxicated);
(f) [C.F.R.] Subchapter M (Marine Pollution
				Financial Responsibility and Compensation);
(g) Subchapter O (Pollution);
(h) Subchapter P (Ports and Waterways
				Safety); and
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-31 - Cargo and passenger vessels - Substantial risk › Part 2 - VESSEL BOARDING › Section 317-31-210 - Determination of substantial risk

Current through Register Vol. 24-14, July 15, 2024
(1)
				The office shall determine whether a vessel poses a substantial risk after
				boarding and inspecting the vessel during its scheduled stay in port, or upon
				notice of any condition on board that poses a substantial risk of harm to the
				public health and safety and the environment. The office shall determine
				substantial risk based on the condition of the vessel and crew, and the
				professional judgment of its inspectors.
(2) The office shall board each fishing
				vessel at least once every two years.
(3) The office may not board vessels subject
				to chapter 317-21 WAC for purposes of making a substantial risk
				determination.
(4) Vessel
				inspections involve evaluation of the following:
(a) Documented compliance with applicable
				federal laws and regulations, and international maritime conventions;
(b) Vessel crewing and personnel policies and
				practices that ensure compliance with the vessel's Safe Manning Certificate or
				Certificate of Inspection, and that address language capabilities, work hours,
				health, and training;
(c) Safety
				and environmental management policies and practices that address vessel and
				personnel safety, pollution prevention, management oversight, preventive
				maintenance, and inspections and surveys;
(d) Vessel operating policies and practices
				for bridge operations and navigation, ground tackle procedures, emergency
				preparedness;
(e) Engineering
				policies and practices for maintaining machinery, organization, and operating
				procedures; and
(f) Condition of
				engineering and deck spaces including safety and lifesaving
				equipment.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-31 - Cargo and passenger vessels - Substantial risk › Part 2 - VESSEL BOARDING › Section 317-31-220 - Modification of accepted industry standards

Current through Register Vol. 24-14, July 15, 2024
(1) This section establishes a process for
				modifying accepted industry standards as established by the advisory group on
				cargo and passenger vessel substantial risk criteria and noticed in the
Washington State Register
, No. 96-03-082. The purpose of this
				section is to establish a process that results in enforceable standards while
				affording vessel owners and operators substantial input and notice.
(2) The vessel inspection advisory council is
				hereby established. The council's mission is to make recommendations to the
				office every two years, if necessary, concerning accepted industry standards
				for cargo and passenger vessels. The office shall review the council's
				recommendations and publish in the state register proposed standards. After the
				date of publication, the office shall allow thirty days for public comment.
				After consideration of council recommendations and public comment, the office
				shall adopt the proposed industry standards by publication of a notice of
				adoption and availability of the standards in the state register.
(3) Council members and their replacements
				shall be appointed by the office and serve a term of two years. The council
				chair shall be appointed by the office. Each council member may designate one
				alternate who may exercise that member's vote. The office shall invite the U.S.
				Coast Guard to participate as a nonvoting advisor to the council. The council
				shall comprise at least fifteen members who represent the following interests:
(a) Classification societies;
(b) Commercial fishing vessels;
(c) Environmental organizations;
(d) Maritime labor organizations;
(e) Maritime trade associations;
(f) Oregon state department of environmental
				quality;
(g) Native American
				tribes;
(h) Cargo vessel
				owners;
(i) Cargo vessel
				operators;
(j) Cruise ship
				owners;
(k) Cruise ship
				operators;
(l) Washington state
				ferry system;
(m) Washington state
				department of ecology;
(n)
				Washington state office of marine safety;
(o) Washington state pilots;
(p) Oregon state pilots;
(q) Washington state public ports;
(r) Public agencies responsible for
				regulating natural resources;
(s)
				Marine education and training; and
(t) The public at large.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-31 - Cargo and passenger vessels - Substantial risk › Part 2 - VESSEL BOARDING › Section 317-31-230 - Modification of accepted industry standards for fishing vessels

Current through Register Vol. 24-14, July 15, 2024
(1) This provision
				establishes a process for establishing and modifying accepted industry
				standards for fishing vessels. The purpose of this section is to establish a
				process that results in enforceable standards while affording vessels owners
				and operators substantial input and notice.
(2) The fishing vessel inspection advisory
				council is hereby established. The council shall make recommendations based on
				international and federal laws and regulations applicable to fishing vessels,
				and on the actual practices of the Washington-based fishing industry as
				revealed in the boarding results presented by the office. The council may
				recommend higher standards than the actual practices of the Washington-based
				fishing industry and those in applicable international and federal laws and
				regulations only where reasonably necessary to protect public health and
				safety, and the environment. The office shall review the council's
				recommendations and publish in the state register proposed standards. After the
				date of publication, the office shall allow thirty days for public comment.
				After consideration of council recommendations and public comment, the office
				shall adopt the proposed industry standards by publication of a notice of
				adoption and availability of the standards in the state register.
(3) Council members and their replacements
				shall be appointed by the office and serve a term of two years. The council
				chair shall be appointed by the office. Each council member may designate one
				alternate who may exercise that member's vote. The office shall invite the U.S.
				Coast Guard to participate as a nonvoting advisor to the council. The council
				shall comprise at least six members who represent the following interests:
(a) Commercial fishing vessels;
(b) Commercial fish processing
				vessels;
(c) Environmental
				organizations;
(d) Native American
				tribes;
(e) Washington state
				department of ecology;
(f)
				Washington state office of marine safety; and
(g) The public at large.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-31 - Cargo and passenger vessels - Substantial risk › Part 2 - VESSEL BOARDING › Section 317-31-240 - Event reports

Current through Register Vol. 24-14, July 15, 2024
(1) The owner or
				operator of a cargo, passenger, or fishing vessel that experiences an event in
				state waters shall submit a report to the office immediately on request or, if
				not requested, no later than thirty days after the date of the event. Each
				report must contain:
(a) The date, time, and
				location of the event;
(b) The
				weather conditions at the time of the event;
(c) The vessel operations underway at the
				time;
(d) The identity of any
				facilities or other vessels involved, or both;
(e) The type and amount of any oil spilled,
				and the estimated amount recovered;
(f) A list of any government agencies to
				which the event was reported;
(g) A
				brief analysis of any known causes and contributing factors; and
(h) A description of measures taken to
				prevent a reoccurrence of the event including changes to operating or
				maintenance procedures, personnel policies, vessel crew and organization, and
				the vessel's technology.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-31 - Cargo and passenger vessels - Substantial risk › Part 2 - VESSEL BOARDING › Section 317-31-250 - Inspections

Current through Register Vol. 24-14, July 15, 2024
(1) Vessel
				inspectors may board and inspect a cargo or passenger vessel during the
				vessel's scheduled stay in port that poses a high potential risk under WAC
				317-31-100. Vessel inspectors may
				also board and inspect cargo or passenger vessels the office has reason to
				believe may pose a substantial risk, or if the office does not have sufficient
				information to determine potential risk under WAC 317-30-100. The owner or
				operator shall make the vessel available for inspection on request by the
				office.
(2) The office may seek
				more information concerning the vessel from the U.S. Coast Guard or the owner
				or operator of the vessel, prior to or in lieu of performing an inspection of
				the vessel.
(3) Any violations of
				federal or international rules observed will be reported to the U.S. Coast
				Guard. Inspections will be coordinated with the U.S. Coast Guard to avoid
				duplication.
Statutory Authority:
					 RCW
					 88.46.050 and
					 43.21I.030. 96-12-077, §
											317-31-250, filed 6/5/96,
					 effective 7/6/96.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-31 - Cargo and passenger vessels - Substantial risk › Part 3 - ENFORCEMENT › Section 317-31-300 - Vessels posing a substantial risk

Current through Register Vol. 24-14, July 15, 2024
If the office determines that a cargo or passenger vessel
				  poses a substantial risk, the office may:
(1) Request that the U.S. Coast Guard deny
				entry; or
(2) Issue an order under
				RCW
				88.46.070(2) or (3) that
				allows the vessel to enter or operate in state waters subject to conditions the
				office determines necessary to minimize the risk the vessel poses. The
				conditions may include:
(a) Submission of
				specified information or written material about the vessel and its
				operations;
(b) Tug or spill
				response vessel escorts;
(c) The
				addition of officers, crew, or licensed pilots;
(d) Restricting the vessel's route, or area
				of operation;
(e) Restricting
				operations in adverse weather, tidal, or current conditions;
(f) Restricting bunkering or cargo transfer
				operations;
(g) Placing navigation,
				communications, or other special equipment on board; and
(h) Other conditions, restrictions, or
				requirements deemed appropriate under the circumstances.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-31 - Cargo and passenger vessels - Substantial risk › Part 3 - ENFORCEMENT › Section 317-31-310 - Penalties

Current through Register Vol. 24-14, July 15, 2024
A person who violates the provisions of this chapter or
				  orders issued under this chapter, is subject to civil and criminal penalties
				  and procedures under
				  RCW
				  88.46.080 and
				  88.46.090.
Statutory Authority:
					 RCW
					 88.46.050 and
					 43.21I.030. 96-12-077, §
											317-31-310, filed 6/5/96,
					 effective 7/6/96.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-31 - Cargo and passenger vessels - Substantial risk › Part 3 - ENFORCEMENT › Section 317-31-900 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				  person or circumstance is held invalid, the remainder of the chapter or the
				  application of the provision to other persons or circumstances is not
				  affected.
Statutory Authority:
					 RCW
					 88.46.050 and
					 43.21I.030. 96-12-077, §
											317-31-900, filed 6/5/96,
					 effective 7/6/96.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-40 - Bunkering operations › Section 317-40-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter establishes minimum standards for safe bunkering
				operations to reduce the likelihood of an oil spill by:
(1) Emphasizing the importance of proper
			 procedures, communication and monitoring before, during and after a bunkering
			 operation;
(2) Ensuring that the
			 duties of each person involved in a bunkering operation are clearly defined;
			 and
(3) Requiring vessel owners and
			 operators to adopt company policies that improve the safety of
			 bunkering.
Statutory Authority:
				  RCW
				  88.46.170 and
				  43.21I.030. 94-16-076, §
										317-40-010, filed 7/29/94,
				  effective 10/29/94.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-40 - Bunkering operations › Section 317-40-020 - Application

Current through Register Vol. 24-14, July 15, 2024
This chapter applies to all bunkering operations to refuel a
				self-propelled covered vessel 300 gross tons or more, and to all owners,
				operators, persons-in-charge, and other personnel involved in bunkering in
				state waters.
Statutory Authority:
				  RCW
				  88.46.170 and
				  43.21I.030. 94-16-076, §
										317-40-020, filed 7/29/94,
				  effective 10/29/94.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-40 - Bunkering operations › Section 317-40-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless the context clearly requires otherwise, the definitions
				in chapter 317-05 WAC and the following apply to this chapter:
(1) "Bunkering" means an oil transfer
			 operation to replenish a self-propelled covered vessel 300 gross tons or more
			 with fuel or bunkers used to propel the vessel.
(2) "Cargo vessel" means a self-propelled
			 ship in commerce, other than a tank vessel or a passenger vessel, three hundred
			 gross tons or more, including but not limited to, commercial fish processing
			 vessels and freighters.
(3)
			 "Covered vessel" means a tank vessel, cargo vessel, or passenger
			 vessel.
(4) "Innage" means the
			 difference from the surface of the liquid to a fixed datum plate or to the tank
			 bottom.
(5) "Office" means the
			 office of marine safety.
(6) "Oil
			 transfer procedure" means the document required under 33 C.F.R. Sec. 155.720
			 that contains information required under 33 C.F.R. Sec. 155.750 including
			 bunkering procedures.
(7)
			 "Passenger vessel" means a ship of three hundred or more gross tons with a fuel
			 capacity of at least six thousand gallons carrying passengers for
			 compensation.
(8) "Person in
			 charge" means, for vessels, the person designated under 33 C.F.R. Sec. 155.700
			 who meets the qualifications under 33 C.F.R. Sec. 155.710. For facilities, it
			 is the person designated under 33 C.F.R. Sec. 154.700 who meets the
			 qualifications of 33 C.F.R. Sec. 154.710.
(9) "Proficient in English" means the ability
			 to clearly speak the English language so personnel from other vessels and
			 facilities understand and may safely complete a vessel operation.
(10) "Tank vessel" means a ship 300 gross
			 tons or more that is constructed or adapted to carry, or that carries, oil in
			 bulk as cargo or cargo residue, and that:
(a)
			 Operates on the waters of the state; or
(b) Transfers oil in a port or place subject
			 to the jurisdiction of the state.
A ship is constructed or adapted to carry oil in bulk as cargo
				or cargo residue if authorized to do so under the ship's certification. A
				vessel carries oil as cargo or cargo residue if the oil is carried for
				dispensing to other vessels or equipment off the vessel, or for delivery from
				point to point, regardless of whether direct compensation for carriage is
				involved. A vessel being used to collect spilled oil from the water, and may
				have some recovered oil storage capacity, does not carry oil as cargo.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-40 - Bunkering operations › Section 317-40-040 - Compliance with federal law and regulations

Current through Register Vol. 24-14, July 15, 2024
(1) All bunkering and personnel involved in
			 bunkering must comply with applicable provisions of federal law and regulations
			 governing licensing, documentation, and oil transfer operations under 33 C.F.R.
			 Sec. 155 and 156, and 46 C.F.R. Sec. 12, 15, and 35.
(2) Federal law and regulations applicable to
			 bunkering on the effective date of these rules are hereby incorporated. Any
			 amendment or recodification of an applicable federal law or regulation is also
			 hereby incorporated unless expressly stated otherwise.
Statutory Authority:
				  RCW
				  88.46.170 and
				  43.21I.030. 94-16-076, §
										317-40-040, filed 7/29/94,
				  effective 10/29/94.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-40 - Bunkering operations › Section 317-40-050 - Receiving vessel procedures

Current through Register Vol. 24-14, July 15, 2024
Receiving vessel personnel on a covered vessel being refueled
				in state waters shall comply with the requirements of this section.
(1)
Training.
Except for a
			 receiving vessel subject to subsection (2) of this section, a receiving
			 vessel's person in charge shall conduct a training session for all personnel
			 with duties under the vessel's oil transfer procedure within 48 hours before a
			 vessel's scheduled bunkering. If personnel not assigned bunkering duties in the
			 oil transfer procedure are assigned such duties, the person in charge shall
			 train such personnel before they assume bunkering responsibilities. Training
			 shall be conducted in a language common to both the person in charge and
			 personnel being trained. The training shall include, but is not limited to, a
			 review of the:
(a) Vessel's preloading plan as
			 described in subsection (3) of this section;
(b) Civil and criminal penalties and
			 liabilities for not complying with federal and state regulations, and for
			 spilling oil in Washington waters;
(c) Vessel's oil transfer procedure,
			 including each person's responsibilities and station;
(d) English phrases and hand signals to
			 communicate the instructions listed in subsection (8)(b) of this section;
			 and
(e) Emergency shutdown
			 procedures described under WAC
			 317-40-065.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-40 - Bunkering operations › Section 317-40-060 - Bunkering by a facility

Current through Register Vol. 24-14, July 15, 2024
During the pretransfer conference, the person in charge for a
				receiving vessel being refueled by a facility shall ensure that the receiving
				vessel's personnel comply with these rules and with the facility's operations
				manual as required under chapter 173-180B WAC.
Statutory Authority:
				  RCW
				  88.46.170 and
				  43.21I.030. 94-16-076, §
										317-40-060, filed 7/29/94,
				  effective 10/29/94.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-40 - Bunkering operations › Section 317-40-065 - Emergency shut down procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
			 If any of the receiving vessel's personnel discovers an oil spill either on
			 deck outside fixed containment, or on the water, or believes an oil spill is
			 likely, he or she shall request immediate shutdown of the bunkering
			 operation.
(2) The delivering
			 vessel's personnel shall immediately activate the emergency shutdown device at
			 the request of any person on the receiving vessel.
Statutory Authority:
				  RCW
				  88.46.170 and
				  43.21I.030. 94-16-076, §
										317-40-065, filed 7/29/94,
				  effective 10/29/94.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-40 - Bunkering operations › Section 317-40-070 - Pretransfer conference

Current through Register Vol. 24-14, July 15, 2024
(1) Before any
			 oil is transferred during bunkering, the receiving vessel's person in charge
			 and the delivering vessel's or facility's person in charge shall hold a
			 pretransfer conference as required under 33 C.F.R. Sec. 156.120. The persons in
			 charge shall meet in person onboard either vessel or at the facility unless the
			 receiving vessel's master determines it is unsafe under WAC
			 317-40-050(6).
			 The persons in charge shall:
(a) State and
			 discuss the contents of the declaration of inspection required under 33 C.F.R.
			 Sec. 156.150;
(b) Discuss
			 procedures for informing the delivering vessel's or facility's person in charge
			 before the receiving vessel changes over tanks or begins topping off;
			 and
(c) Discuss emergency shutdown
			 procedures and identify each vessel's means to shut down the transfer in an
			 emergency.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-40 - Bunkering operations › Section 317-40-080 - Delivering vessel procedures

Current through Register Vol. 24-14, July 15, 2024
Delivering vessel personnel may not begin bunkering
				unless:
(1) The tanker man meets the
			 certification requirements under 46 C.F.R. Subpart 12.20 and has undergone
			 annual training to become familiar with the requirements of this
			 chapter.
(2) Access is provided to
			 and from the receiving vessel that meets WAC
			 317-40-050(5).
(3) A pretransfer conference was held that
			 met the requirements of WAC
			 317-40-070;
(4) A declaration of inspection was discussed
			 in the pretransfer conference and signed by both persons in charge as required
			 under 33 C.F.R. Sec. 156.120;
(5)
			 The delivering vessel's person in charge ensures that communication between the
			 receiving and delivering vessel is accomplished either visually and by voice,
			 sound-powered telephone, radio, or air horn, as required under 33 C.F.R. Sec.
			 155.785; and
(6) The receiving
			 vessel's person in charge has discussed procedures for informing the delivering
			 vessel's person in charge before changing over tanks and beginning topping
			 off.
Statutory Authority:
				  RCW
				  88.46.170 and
				  43.21I.030. 94-16-076, §
										317-40-080, filed 7/29/94,
				  effective 10/29/94.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-40 - Bunkering operations › Section 317-40-085 - Work hours

Current through Register Vol. 24-14, July 15, 2024
Receiving and delivering vessel personnel involved in bunkering
				may not work more than 15 hours in any 24-hour period nor more than 36 hours in
				any 72-hour period except in an emergency or spill response operation. For
				purposes of this section, "emergency" means an unforeseen situation that poses
				an imminent threat to human safety, or the environment, or substantial loss of
				property.
Statutory Authority:
				  RCW
				  88.46.170 and
				  43.21I.030. 94-16-076, §
										317-40-085, filed 7/29/94,
				  effective 10/29/94.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-40 - Bunkering operations › Section 317-40-090 - Record keeping

Current through Register Vol. 24-14, July 15, 2024
(1) The master of a
			 receiving vessel or his designee shall record in the vessel's official or deck
			 log the date and time of the receiving vessel training session required under
			 WAC 317-40-060(1),
			 and the name and rating of who attended, immediately upon completion of the
			 session.
(2) The master or officer
			 in charge shall record in the receiving vessel's official or deck log that a
			 pretransfer conference was held prior to bunkering that complied with the
			 requirements of WAC
			 317-40-070.
(3) The receiving vessel's preloading plan
			 and declaration of inspection shall be retained on the vessel for 30 days from
			 the date of bunkering.
(4) The
			 receiving and delivering vessels' owner or operator shall maintain records,
			 such as log book entries, maintenance records or payroll records, demonstrating
			 compliance with work hour restrictions in WAC
			 317-40-085 and shall, upon
			 request, provide that information to the office of marine safety.
Statutory Authority:
				  RCW
				  88.46.170 and
				  43.21I.030. 94-16-076, §
										317-40-090, filed 7/29/94,
				  effective 10/29/94.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-40 - Bunkering operations › Section 317-40-100 - Owner and operator responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) Owners and operators of receiving and
			 delivering vessels must ensure that the procedures required under this chapter
			 are implemented and followed on their vessels.
(2) Owners and operators shall ensure that
			 records are kept as required by this chapter and federal regulations.
Statutory Authority:
				  RCW
				  88.46.170 and
				  43.21I.030. 94-16-076, §
										317-40-100, filed 7/29/94,
				  effective 10/29/94.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-40 - Bunkering operations › Section 317-40-110 - Location of bunkering (reserved)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  88.46.170 and
				  43.21I.030. 94-16-076, §
										317-40-110, filed 7/29/94,
				  effective 10/29/94.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-40 - Bunkering operations › Section 317-40-120 - Best achievable technology (reserved)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  88.46.170 and
				  43.21I.030. 94-16-076, §
										317-40-120, filed 7/29/94,
				  effective 10/29/94.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-40 - Bunkering operations › Section 317-40-130 - Oil spills

Current through Register Vol. 24-14, July 15, 2024
(1) In the event oil
			 is spilled into the water, or discharged onto either the receiving or
			 delivering vessel's deck outside fixed containment, the vessel's persons in
			 charge shall immediately shut down the bunkering operation.
(2) Bunkering may not resume until:
(a) Notification is made as required in
			 RCW
			 90.56.280; and
(b) The persons in charge determine that
			 there is no threat of subsequent oil spills.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-40 - Bunkering operations › Section 317-40-140 - Compliance

Current through Register Vol. 24-14, July 15, 2024
(1) Upon request by
			 the office, an owner or operator of a receiving or delivering vessel involved
			 in bunkering in state waters shall demonstrate compliance with this chapter.
			 The owner or operator shall make available to the office any or all of the
			 following: (a) The receiving vessel's official and engineering logs; (b)
			 written company policies; (c) standing orders; (d) the receiving vessel's
			 preloading plan; (e) each vessel's declaration of inspection form; (f) the
			 vessel's oil transfer procedures; and (g) training materials.
Statutory Authority:
				  RCW
				  88.46.170 and
				  43.21I.030. 94-16-076, §
										317-40-140, filed 7/29/94,
				  effective 10/29/94.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-40 - Bunkering operations › Section 317-40-150 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) Failure to
			 comply with the requirements of chapter 88.46 RCW, the provisions of this
			 chapter, or any order or administrative action issued by the office under this
			 chapter, the office may:
(1) Order an
			 immediate shutdown of the bunkering procedure;
(2) Require additional personnel;
(3) Refer the violations for criminal
			 prosecution pursuant to
			 RCW
			 88.46.080; or
(4) Take other appropriate actions to address
			 the violation.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-40 - Bunkering operations › Section 317-40-900 - Effective date

Current through Register Vol. 24-14, July 15, 2024
This chapter shall take effect 90 days after the order adopting
				these rules is filed with the office of the code reviser.
Statutory Authority:
				  RCW
				  88.46.170 and
				  43.21I.030. 94-16-076, §
										317-40-900, filed 7/29/94,
				  effective 10/29/94.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-40 - Bunkering operations › Section 317-40-910 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				person or circumstance is held invalid, the remainder of the chapter or the
				application of the provision to other persons or circumstances is not
				affected.
Statutory Authority:
				  RCW
				  88.46.170 and
				  43.21I.030. 94-16-076, §
										317-40-910, filed 7/29/94,
				  effective 10/29/94.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-50 › Section 317-50-010

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  88.40.020(2)(b),
				  88.40.020(5) and
				  88.40.030. 97-10-096, §
										317-50-010, filed 5/7/97,
				  effective 6/7/97.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-50 › Section 317-50-020

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  88.40.020(2)(b),
				  88.40.020(5) and
				  88.40.030. 97-10-096, §
										317-50-020, filed 5/7/97,
				  effective 6/7/97.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-50 › Section 317-50-030

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  88.40.020(2)(b),
				  88.40.020(5) and
				  88.40.030. 97-10-096, §
										317-50-030, filed 5/7/97,
				  effective 6/7/97.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-50 › Section 317-50-040

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  88.40.020(2)(b),
				  88.40.020(5) and
				  88.40.030. 97-10-096, §
										317-50-040, filed 5/7/97,
				  effective 6/7/97.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-50 › Section 317-50-050

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  88.40.020(2)(b),
				  88.40.020(5) and
				  88.40.030. 97-10-096, §
										317-50-050, filed 5/7/97,
				  effective 6/7/97.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-50 › Section 317-50-060

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  88.40.020(2)(b),
				  88.40.020(5) and
				  88.40.030. 97-10-096, §
										317-50-060, filed 5/7/97,
				  effective 6/7/97.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-50 › Section 317-50-070

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  88.40.020(2)(b),
				  88.40.020(5) and
				  88.40.030. 97-10-096, §
										317-50-070, filed 5/7/97,
				  effective 6/7/97.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-50 › Section 317-50-080

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  88.40.020(2)(b),
				  88.40.020(5) and
				  88.40.030. 97-10-096, §
										317-50-080, filed 5/7/97,
				  effective 6/7/97.
Washington Administrative Code › Title 317 - Ecology, Department of (Marine Safety, Office of) › Chapter 317-50 › Section 317-50-900

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  88.40.020(2)(b),
				  88.40.020(5) and
				  88.40.030. 97-10-096, §
										317-50-900, filed 5/7/97,
				  effective 6/7/97.
Washington Administrative Code › Title 322 - Hispanic Affairs, Commission on › Chapter 322-12 - Practice and procedure › Section 322-12-010 - Establishing regular meetings

Current through Register Vol. 24-14, July 15, 2024
Pursuant to section 7, chapter 250, Laws of 1971 ex. sess., and RCW  42.30.070, regular meetings of the commission on Hispanic affairs shall be six public meetings, provided there are sufficient funds in the commission's budget. Such meetings shall be held at a place designated by the chairman of the commission.
Statutory Authority: RCW 43.115.040. 08-07-001, §
										322-12-010, filed 3/5/08, effective 4/5/08; 87-04-035 (Order 4), §
										322-12-010, filed 2/2/87; Order 1, §
										322-12-010, filed 12/9/74.
Washington Administrative Code › Title 322 - Hispanic Affairs, Commission on › Chapter 322-12 - Practice and procedure › Section 322-12-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter shall be to ensure compliance by the commission on Hispanic affairs with the provisions of chapter 42.56 RCW.
Statutory Authority: RCW 43.115.040. 08-07-001, §
										322-12-020, filed 3/5/08, effective 4/5/08; Order 1, §
										322-12-020, filed 12/9/74.
Washington Administrative Code › Title 322 - Hispanic Affairs, Commission on › Chapter 322-12 - Practice and procedure › Section 322-12-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.
(2) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents.
(3) The commission on Hispanic affairs is an eleven member commission appointed by the governor with the consent of the senate. The commission on Hispanic affairs shall hereinafter be referred to as the commission. When appropriate, the term commission also refers to the staff and employees of the commission.
Statutory Authority: RCW 43.115.040. 08-07-001, §
										322-12-030, filed 3/5/08, effective 4/5/08; Order 1, §
										322-12-030, filed 12/9/74.
Washington Administrative Code › Title 322 - Hispanic Affairs, Commission on › Chapter 322-12 - Practice and procedure › Section 322-12-040 - Description of central and field organization of the commission

Current through Register Vol. 24-14, July 15, 2024
The administrative office of the commission and its staff is located at: Commission on Hispanic Affairs, 210 11th Avenue S.W., Suite 301A, Olympia, Washington 98504-0924.
Statutory Authority: RCW 43.115.040. 08-07-001, §
										322-12-040, filed 3/5/08, effective 4/5/08; Order 1, §
										322-12-040, filed 12/9/74.
Washington Administrative Code › Title 322 - Hispanic Affairs, Commission on › Chapter 322-12 - Practice and procedure › Section 322-12-060 - Public records available

Current through Register Vol. 24-14, July 15, 2024
All public records of the commission, as defined in WAC 322-12-030 are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by chapter 42.56 RCW and WAC 322-12-110.
Statutory Authority: RCW 43.115.040. 08-07-001, §
										322-12-060, filed 3/5/08, effective 4/5/08; Order 1, §
										322-12-060, filed 12/9/74.
Washington Administrative Code › Title 322 - Hispanic Affairs, Commission on › Chapter 322-12 - Practice and procedure › Section 322-12-070 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
The commission's public records shall be in the charge of the public records officer designated by the commission. The person so designated shall be located in the administrative office of the commission. The public records officer shall be responsible for the following: The implementation of the commission's rules and regulations regarding release of public records, coordinating the staff of the commission in this regard, and generally insuring compliance by the staff with the public records disclosure requirements of chapter 42.56 RCW.
Statutory Authority: RCW 43.115.040. 08-07-001, §
										322-12-070, filed 3/5/08, effective 4/5/08; Order 1, §
										322-12-070, filed 12/9/74.
Washington Administrative Code › Title 322 - Hispanic Affairs, Commission on › Chapter 322-12 - Practice and procedure › Section 322-12-080 - Office hours

Current through Register Vol. 24-14, July 15, 2024
Public records shall be available for inspection and copying during the customary office hours of the commission. For the purposes of this chapter, the customary hours shall be from 9:00 a.m. to noon and from 1:00 p.m. to 5:00, Monday through Friday, excluding legal holidays.
Order 1, §
										322-12-080, filed 12/9/74.
Washington Administrative Code › Title 322 - Hispanic Affairs, Commission on › Chapter 322-12 - Practice and procedure › Section 322-12-090 - Requests for public records

Current through Register Vol. 24-14, July 15, 2024
In accordance with requirements of chapter 42.56 RCW, that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records may be inspected or copied or copies of such records may be obtained, by members of the public, upon compliance with the following procedures:
(1) A request shall be made in writing upon a form prescribed by the commission which shall be available at its administrative office. The form shall be presented to the public records officer or to any member of the commission's staff, if the public records officer is not available, at the administrative office of the commission during customary office hours. The request shall include the following information:
(a) The name of the person requesting the record;
(b) The time of day and calendar date on which the request was made;
(c) The nature of the request;
(d) If the matter requested is referenced within the current index maintained by the records officer, a reference to the requested records as it is described in such current index;
(e) If the requested matter is not identifiable by reference to the commission's current index, an appropriate description of the record requested.
Washington Administrative Code › Title 322 - Hispanic Affairs, Commission on › Chapter 322-12 - Practice and procedure › Section 322-12-100 - Copying

Current through Register Vol. 24-14, July 15, 2024
No fee shall be charged for the inspection of public records. The commission shall charge a fee of ten cents per page of copy for providing copies of public records and for use of the commission's copy equipment. This charge is the amount necessary to reimburse the commission for its actual costs incident to such copying.
Order 1, §
										322-12-100, filed 12/9/74.
Washington Administrative Code › Title 322 - Hispanic Affairs, Commission on › Chapter 322-12 - Practice and procedure › Section 322-12-110 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The commission reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 322-12-090 is exempt under the provisions of chapter 42.56 RCW.
(2) In addition, pursuant to chapter 42.56 RCW, the commission reserves the right to delete identifying details when it makes available or publishes any public record, in any cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.56 RCW. The public records office will fully justify such deletion in writing.
(3) All denials of requests for public records must be accompanied by a written statement specifying the reasons for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.
Statutory Authority: RCW 43.115.040. 08-07-001, §
										322-12-110, filed 3/5/08, effective 4/5/08; Order 1, §
										322-12-110, filed 12/9/74.
Washington Administrative Code › Title 322 - Hispanic Affairs, Commission on › Chapter 322-12 - Practice and procedure › Section 322-12-120 - Review of denials of public records requests

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement by the public records officer or other staff member which constituted or accompanied the denial.
(2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer or other staff member denying the request shall refer it to the chairman of the commission. The chairman shall immediately consider the matter and either affirm or reverse such denial or call a special meeting of the commission as soon as legally possible to review the denial. In any case, the request shall be returned with a final decision within two business days following the original denial.
(3) Administrative remedies shall not be considered exhausted until the commission has returned the petition with a decision or until the close of the second business day following denial of inspection, whichever occurs first.
Order 1, §
										322-12-120, filed 12/9/74.