Today's Law As Amended


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AB-906 Large passenger vessels: water quality.(2003-2004)



As Amends the Law Today


SECTION 1.

 Division 39 (commencing with Section 72500) is added to the Public Resources Code, to read:

DIVISION 39. PROHIBITED RELEASE OF WASTES FROM LARGE PASSENGER VESSELS

CHAPTER  1. Findings and Declarations
72500.
 The Legislature finds and declares all of the following:
(a) Large passenger vessels produce considerable amounts of waste, including graywater, sewage, and other forms of solid and liquid waste.
(b) California is home to four of the 13 National Marine Sanctuaries. These areas support some of the world’s most diverse marine ecosystems and are home to numerous mammals, seabirds, fish, invertebrates, and plants.
(c) The release of waste from large passenger vessels results in substantial damage to these valuable resources.
(d) In order to protect public health and the environment, it is in the public interest to prohibit large passenger vessels from releasing waste into marine sanctuaries.
(e) 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 hazardous waste and other waste, into the marine waters of the state and marine sanctuaries, should be prohibited.
CHAPTER  2. Definitions
72505.
 Unless the context otherwise requires, the following definitions govern this division:
(a) “Board” means the State Water Resources Control Board.
(b) “Hazardous waste” has the meaning set forth in Section 25117 of the Health and Safety Code, but does not include sewage.
(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:
(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) “Medical waste” means medical waste subject to regulation pursuant to Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code.
(g) “Operator” has the meaning set forth in Section 651 of the Harbors and Navigation Code.
(h) “Other waste” means photography lab chemicals, dry cleaning chemicals, or medical waste.
(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) “Waste” means hazardous waste and other waste.
CHAPTER  3. Prohibited Releases
72520.
 An owner or operator of a large passenger vessel may not release, or permit anyone to release, from the vessel, into the marine waters of the state or a marine sanctuary, either of the following:
(a) Hazardous waste.
(b) Other waste.
72521.
 If a large passenger vessel releases hazardous waste or other waste 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:
(a) Date of the release.
(b) Time of the release.
(c) Location of the release.
(d) Volume of the release.
(e) Source of the release.
(f) Remedial actions taken to prevent future releases.
CHAPTER  4. Penalties
72530.
 (a) A person who violates Section 72520 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 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 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.
CHAPTER  5. Miscellaneous
72540.
 (a) This division does not apply to a large passenger vessel that operates in the marine waters of the state solely in innocent passage.
(b) For purposes of this section, a vessel is engaged in innocent passage if its operation in state waters would constitute innocent passage under either the Convention on the Territorial Sea and Contiguous Zone, dated April 29, 1958, or the United Nations Convention on the Law of the Sea, dated December 10, 1982.
72541.
 The board may adopt regulations to carry out this division.
72542.
 The board shall request the appropriate federal agencies, as determined by the board, to prohibit the release of waste by large passenger vessels in all of the waters 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; and, request, if necessary, approval of the state’s prohibition of the release of waste in the marine sanctuaries.