Washington State Updates Ballast Water Law

Please be advised that the following Washington Advisory Codes (WAC) have been revised by Emergency Rule and are effective as of August 14, 2007. Key emergency rule elements include:

WAC 220-77-090 Ballast water management and control:

• Section (1) Meet RCW 77.120.020(1)(b) that now requires all vessels to report.
• Section (4) Vessels no longer need to file an Interim Ballast Water Management Report Form. Delete entire section as expired on July 1, 2006.
• NEW SECTION (4) Define safety exemption filing conditions and requirements.
• NEW SECTION (5) Define safety exemption review protocols to determine if warranted and if compliance plans or alternative strategies are necessary. Define safety exemption fee and guidance for assessment up to $5,000.
• NEW SECTION (6) Define civil penalty assessment criteria up to $27,500/day (old penalty: $5000/day).
  

WAC 220-77-095 Interim ballast water discharge standard approval process:

• Sections (2) & (3) Change interim ballast water treatment system application and approval process for use in waters of the state. Department has determined that current process is not within fiscal year 2007-09 funding and management capacity.
  

If you have any questions, please contact Allen Pleus, ANS Coordinator, (360)902-2724 or pleusaep@dfw.wa.gov