Page 17: of Maritime Reporter Magazine (November 2005)

November 2005 17

By Dennis Bryant, Senior Counsel,

Holland & Knight LLP

California politicians have once again shown that they are masters at playing up to the vocal minority. Governor

Schwarzenegger signed into law a bill adopted by the state legislature that will impose severe discharge restrictions on virtually all large vessels calling at

California ports. Any improvement of the California environment as a result of this legislation will be marginal at best.

One is reminded of the 1960's television show where the 700-pound Incredible

Hulk plodded around beating up smaller individuals and saving the world.

The Clean Coast Act, which comes into effect on January 1, 2006, will pro- hibit oceangoing ships from conducting onboard incineration while operating within three miles of the California coast. The law will also prohibit ocean- going ships from releasing hazardous waste, graywater, sewage, sewage sludge, and oily bilgewater into marine waters of the state. If there is a release of such material from an oceangoing ship into marine waters of the state, the owner or operator must, within 24 hours, notify the State Water Resources

Control Board. Upon the departure of an oceangoing ship from its first port or place of call in California for 2006 and the future, the master, owner, or operator must maintain on board selected infor- mation regarding the ship, its graywater and blackwater systems, and California port of call information. This same information must be communicated to the State Lands Commission. The term "oceangoing ship" means a private, commercial, government, or military vessel of 300 gross registered tons or more calling on California ports or places.

Large cruise ships operating out of

California ports have been subject to similar restrictions for several years, but this is the first time any jurisdiction has attempted to impose such sweeping con- ditions on all classes of vessels.

Inclusion of government and military vessels is particularly interesting, given the exemption or waiver generally accorded federal activities by state gov- ernments. These restrictions obviously go far beyond the international provi- sions found in the MARPOL

Convention.

Practical problems regarding the pre- vention of such discharges will present themselves on many ships, particularly with regard to graywater. The statute defines "graywater" as drainage from dishwasher, shower, laundry, bath, and washbasin drains, but does not include drainage from toilets, urinals, hospitals, or cargo spaces. While drainage from toilets and urinals on ships feed into the sewage system, the same is not general- ly true for graywater discharges. On many ships, particularly older ones, con-

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Government Update

Dennis L. Bryant, Senior Maritime

Counsel at the law firm of Holland & Knight, Washington, D.C., is a contributing editor of MR/EN.

California

The Incredible Green Hulk

California Governor Arnold Scwarzenegger signed into law a bill that will impose severe discharge restrictions on virtually all large vessels calling at

California ports.

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