S 1820 ISCommentsClose CommentsPermalink

To amend the Federal Water Pollution Control Act to establish national standards for discharges from cruise vessels.CommentsClose CommentsPermalink

October 21, 2009CommentsClose CommentsPermalink

Mr. DURBIN introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

To amend the Federal Water Pollution Control Act to establish national standards for discharges from cruise vessels.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Clean Cruise Ship Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings- Congress finds that--CommentsClose CommentsPermalink





(1) cruise ships carry millions of passengers through North American waters each year, showcase some of the most beautiful ocean and coastal environments in the United States, and provide opportunities for passengers to relax and enjoy oceans and marine ecosystems;CommentsClose CommentsPermalink





(2) the number of cruise passengers continues to grow, making the cruise industry one of the fastest growing tourism sectors in the world;CommentsClose CommentsPermalink





(3) in 2007, more than 10,000,000 passengers departed from North America on thousands of cruise ships;CommentsClose CommentsPermalink





(4) during the 2 decades preceding the date of enactment of this Act, the average cruise ship size has increased at a rate of approximately 90 feet every 5 years;CommentsClose CommentsPermalink





(5) an average-sized cruise vessel generates millions of gallons of liquid waste and many tons of solid waste;CommentsClose CommentsPermalink





(6) in just 1 week, a 3000-passenger cruise ship generates approximately 210,000 gallons of human sewage, 1,000,000 gallons of water from showers and sinks and dishwashing water (commonly known as ‘graywater’), 37,000 gallons of oily bilge water, more than 8 tons of solid waste, and toxic wastes from dry cleaning and photo-processing laboratories;CommentsClose CommentsPermalink





(7) in an Environmental Protection Agency survey of 29 ships traveling in Alaskan waters, reported sewage generation rates ranged from 1,000 to 74,000 gallons per day per vessel, with the average volume of sewage generated being 21,000 gallons per day per vessel;CommentsClose CommentsPermalink





(8) those frequently untreated cruise ship discharges deliver nutrients, hazardous substances, pharmaceuticals, and human pathogens, including viruses and bacteria, directly into the marine environment;CommentsClose CommentsPermalink





(9) in the final report of the United States Commission on Ocean Policy, that Commission found that cruise ship discharges, if not treated and disposed of properly, and the cumulative impacts caused when cruise ships repeatedly visit the same environmentally sensitive areas, ‘can be a significant source of pathogens and nutrients with the potential to threaten human health and damage shellfish beds, coral reefs, and other aquatic life’;CommentsClose CommentsPermalink





(10) pollution from cruise ships not only has the potential to threaten marine life and human health through consumption of contaminated seafood, but also poses a health risk for recreational swimmers, surfers, and other beachgoers;CommentsClose CommentsPermalink





(11) according to the Environmental Protection Agency, ‘Sewage may host many pathogens of concern to human health, including Salmonella, Shigella, Hepatitis A and E, and gastro-intestinal viruses. Sewage contamination in swimming areas and shellfish beds poses potential risks to human health and the environment by increasing the rate of waterborne illnesses’;CommentsClose CommentsPermalink





(12) the nutrient pollution from human sewage discharges from cruise ships can contribute to the incidence of harmful algal blooms;CommentsClose CommentsPermalink





(13) algal blooms have been implicated in the deaths of marine life, including the deaths of more than 150 manatees off the coast of Florida;CommentsClose CommentsPermalink





(14) in a 2005 report requested by the International Council of Cruise Lines, the Science Panel of the Ocean Conservation and Tourism Alliance recommended that--CommentsClose CommentsPermalink





(A) ‘[a]ll blackwater should be treated’;CommentsClose CommentsPermalink





(B) treated blackwater should be ‘avoided in ports, close to bathing beaches or water bodies with restricted circulation, flushing or inflow’; andCommentsClose CommentsPermalink





(C) blackwater should not be discharged within 4 nautical miles of shellfish beds, coral reefs, or other sensitive habitats;CommentsClose CommentsPermalink





(15) that Science Panel further recommended that graywater be treated in the same manner as blackwater and that sewage sludge be off-loaded to approved land-based facilities;CommentsClose CommentsPermalink





(16) in a summary of recommendations for addressing unabated point sources of pollution, the Pew Oceans Commission states that, ‘Congress should enact legislation that regulates wastewater discharges from cruise ships under the Clean Water Act by establishing uniform minimum standards for discharges in all State waters and prohibiting discharges within the U.S. Exclusive Economic Zone that do not meet effluent standards.’; andCommentsClose CommentsPermalink





(17) a comprehensive statutory regime for managing pollution discharges from cruise vessels, applicable throughout the United States, is needed--CommentsClose CommentsPermalink





(A) to protect coastal and ocean areas from pollution generated by cruise vessels;CommentsClose CommentsPermalink





(B) to reduce and better regulate discharges from cruise vessels; andCommentsClose CommentsPermalink





(C) to improve monitoring, reporting, and enforcement of standards regarding discharges.CommentsClose CommentsPermalink





(b) Purpose- The purpose of this Act is to amend the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) to establish national standards and prohibitions for discharges from cruise vessels.CommentsClose CommentsPermalink

SEC. 3. CRUISE VESSEL DISCHARGES.

Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(s) Cruise Vessel Discharges-CommentsClose CommentsPermalink





‘(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





‘(A) BILGE WATER-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The term ‘bilge water’ means wastewater.CommentsClose CommentsPermalink





‘(ii) INCLUSIONS- The term ‘bilge water’ includes lubrication oils, transmission oils, oil sludge or slops, fuel or oil sludge, used oil, used fuel or fuel filters, and oily waste.CommentsClose CommentsPermalink





‘(B) COMMANDANT- The term ‘Commandant’ means the Commandant of the Coast Guard.CommentsClose CommentsPermalink





‘(C) CRUISE VESSEL-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The term ‘cruise vessel’ means a passenger vessel that--CommentsClose CommentsPermalink





‘(I) is authorized to carry at least 250 passengers; andCommentsClose CommentsPermalink





‘(II) has onboard sleeping facilities for each passenger.CommentsClose CommentsPermalink





‘(ii) EXCLUSIONS- The term ‘cruise vessel’ does not include--CommentsClose CommentsPermalink





‘(I) a vessel of the United States operated by the Federal Government;CommentsClose CommentsPermalink





‘(II) a vessel owned and operated by the government of a State; orCommentsClose CommentsPermalink





‘(III) a vessel owned by a local government.CommentsClose CommentsPermalink





‘(D) DISCHARGE- The term ‘discharge’ means the release, escape, disposal, spilling, leaking, pumping, emitting, or emptying of bilge water, graywater, hazardous waste, incinerator ash, sewage, sewage sludge, trash, or garbage from a cruise vessel into the environment, however caused, other than--CommentsClose CommentsPermalink





‘(i) at an approved shoreside reception facility, if applicable; andCommentsClose CommentsPermalink





‘(ii) in compliance with all applicable Federal, State, and local laws (including regulations).CommentsClose CommentsPermalink





‘(E) EXCLUSIVE ECONOMIC ZONE- The term ‘exclusive economic zone’ has the meaning given the term in section 2101 of title 46, United States Code (as in effect on the day before the date of enactment of Public Law 109-304 (120 Stat. 1485)).CommentsClose CommentsPermalink





‘(F) FUND- The term ‘Fund’ means the Cruise Vessel Pollution Control Fund established by paragraph (11)(A)(i).CommentsClose CommentsPermalink





‘(G) GARBAGE- The term ‘garbage’ means solid waste from food preparation, service and disposal activities, even if shredded, ground, processed, or treated to comply with other requirements.CommentsClose CommentsPermalink





‘(H) GRAYWATER-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The term ‘graywater’ means galley water, dishwasher, and bath, shower, and washbasin water.CommentsClose CommentsPermalink





‘(ii) INCLUSIONS- The term ‘graywater’ includes, to the extent not already covered under provisions of law relating to hazardous waste--CommentsClose CommentsPermalink





‘(I) spa, pool, and laundry wastewater;CommentsClose CommentsPermalink





‘(II) wastes from soot tanker or economizer cleaning;CommentsClose CommentsPermalink





‘(III) wastes from photo processing;CommentsClose CommentsPermalink





‘(IV) wastes from vessel interior surface cleaning; andCommentsClose CommentsPermalink





‘(V) miscellaneous equipment and process wastewater.CommentsClose CommentsPermalink





‘(I) HAZARDOUS WASTE- The term ‘hazardous waste’ has the meaning given the term in section 6903 of the Solid Waste Disposal Act (42 U.S.C. 6903).CommentsClose CommentsPermalink





‘(J) INCINERATOR ASH- The term ‘incinerator ash’ means ash generated during the incineration of solid waste or sewage sludge.CommentsClose CommentsPermalink





‘(K) NEW VESSEL- The term ‘new vessel’ means a vessel, the construction of which is initiated after promulgation of standards and regulations under this subsection.CommentsClose CommentsPermalink





‘(L) NO-DISCHARGE ZONE-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The term ‘no-discharge zone’ means an area of ecological importance, whether designated by Federal, State, or local authorities.CommentsClose CommentsPermalink





‘(ii) INCLUSIONS- The term ‘no-discharge zone’ includes--CommentsClose CommentsPermalink





‘(I) a marine sanctuary;CommentsClose CommentsPermalink





‘(II) a marine protected area;CommentsClose CommentsPermalink





‘(III) a marine reserve; andCommentsClose CommentsPermalink





‘(IV) a marine national monument.CommentsClose CommentsPermalink





‘(M) PASSENGER- The term ‘passenger’ means any person (including a paying passenger and any staff member, such as a crew member, captain, or officer) traveling on board a cruise vessel.CommentsClose CommentsPermalink





‘(N) SEWAGE- The term ‘sewage’ means--CommentsClose CommentsPermalink





‘(i) human and animal body wastes; andCommentsClose CommentsPermalink





‘(ii) wastes from toilets and other receptacles intended to receive or retain human and animal body wastes.CommentsClose CommentsPermalink





‘(O) SEWAGE SLUDGE-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The term ‘sewage sludge’ means any solid, semi-solid, or liquid residue removed during the treatment of on-board sewage.CommentsClose CommentsPermalink





‘(ii) INCLUSIONS- The term ‘sewage sludge’ includes--CommentsClose CommentsPermalink





‘(I) solids removed during primary, secondary, or advanced wastewater treatment;CommentsClose CommentsPermalink





‘(II) scum;CommentsClose CommentsPermalink





‘(III) septage;CommentsClose CommentsPermalink





‘(IV) portable toilet pumpings;CommentsClose CommentsPermalink





‘(V) type III marine sanitation device pumpings (as defined in part 159 of title 33, Code of Federal Regulations (or a successor regulation)); andCommentsClose CommentsPermalink





‘(VI) sewage sludge products.CommentsClose CommentsPermalink





‘(iii) EXCLUSIONS- The term ‘sewage sludge’ does not include--CommentsClose CommentsPermalink





‘(I) grit or screenings; orCommentsClose CommentsPermalink





‘(II) ash generated during the incineration of sewage sludge.CommentsClose CommentsPermalink





‘(P) TRASH- The term ‘trash’ means solid waste from vessel operations and passenger services, even if shredded, ground, processed, or treated to comply with other regulations.CommentsClose CommentsPermalink





‘(2) PROHIBITIONS-CommentsClose CommentsPermalink





‘(A) PROHIBITION ON DISCHARGE OF SEWAGE SLUDGE, INCINERATOR ASH, AND HAZARDOUS WASTE-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Except as provided by subparagraph (C), no cruise vessel departing from, or calling on, a port of the United States may discharge sewage sludge, incinerator ash, or hazardous waste into navigable waters, including the contiguous zone and the exclusive economic zone.CommentsClose CommentsPermalink





‘(ii) OFF-LOADING- Sewage sludge, incinerator ash, and hazardous waste described in clause (i) shall be off-loaded at an appropriate land-based facility.CommentsClose CommentsPermalink





‘(B) PROHIBITION ON DISCHARGE OF SEWAGE, GRAYWATER, AND BILGE WATER-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Except as provided by subparagraph (C), no cruise vessel departing from or calling on, a port of the United States may discharge sewage, graywater, or bilge water into navigable waters, including the contiguous zone and the exclusive economic zone, unless--CommentsClose CommentsPermalink





‘(I) the sewage, graywater, or bilge water is treated to meet all applicable effluent limits established under this section and is in accordance with all other applicable laws;CommentsClose CommentsPermalink





‘(II) the cruise vessel is underway and proceeding at a speed of not less than 6 knots;CommentsClose CommentsPermalink





‘(III) the cruise vessel is more than 12 nautical miles from shore; andCommentsClose CommentsPermalink





‘(IV) the cruise vessel complies with all applicable standards established under this Act.CommentsClose CommentsPermalink





‘(ii) NO-DISCHARGE ZONES- Notwithstanding any other provision of this paragraph, no cruise vessel departing from, or calling on, a port of the United States may discharge treated or untreated sewage, graywater, or bilge water into a no-discharge zone.CommentsClose CommentsPermalink





‘(C) SAFETY EXCEPTION-CommentsClose CommentsPermalink





‘(i) SCOPE OF EXCEPTION- Subparagraphs (A) and (B) shall not apply in any case in which--CommentsClose CommentsPermalink





‘(I) a discharge is made solely for the purpose of securing the safety of the cruise vessel or saving human life at sea; andCommentsClose CommentsPermalink





‘(II) all reasonable precautions have been taken to prevent or minimize the discharge.CommentsClose CommentsPermalink





‘(ii) NOTIFICATION-CommentsClose CommentsPermalink





‘(I) IN GENERAL- If the owner, operator, master, or other person in charge of a cruise vessel authorizes a discharge described in clause (i), the person shall notify the Administrator and the Commandant of the decision to authorize the discharge as soon as practicable, but not later than 24 hours, after authorizing the discharge.CommentsClose CommentsPermalink





‘(II) REPORT- Not later than 7 days after the date on which a discharge described in clause (i) occurs, the owner, operator, master, or other person in charge of a cruise vessel, shall submit to the Administrator and the Commandant a report that describes--CommentsClose CommentsPermalink

‘(aa) the quantity and composition of each discharge authorized under clause (i);CommentsClose CommentsPermalink

‘(bb) the reason for authorizing each such discharge;CommentsClose CommentsPermalink

‘(cc) the location of the vessel during the course of each such discharge; andCommentsClose CommentsPermalink

‘(dd) such other supporting information and data as are requested by the Commandant or the Administrator.CommentsClose CommentsPermalink

‘(III) DISCLOSURE OF REPORTS- Upon receiving a report under subclause (II), the Administrator shall make the report available to the public.CommentsClose CommentsPermalink





‘(3) EFFLUENT LIMITS-CommentsClose CommentsPermalink





‘(A) EFFLUENT LIMITS FOR DISCHARGES OF SEWAGE, GRAYWATER, AND BILGE WATER-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate effluent limits for sewage, graywater, and bilge water discharges from cruise vessels.CommentsClose CommentsPermalink





‘(ii) REQUIREMENTS- The effluent limits shall--CommentsClose CommentsPermalink





‘(I) be consistent with the capability of the best available technology to treat effluent;CommentsClose CommentsPermalink





‘(II) take into account the best available scientific information on the environmental effects of sewage, graywater, and bilge water discharges, including conventional, nontoxic, and toxic pollutants and petroleum;CommentsClose CommentsPermalink





‘(III) take into account marine life and ecosystems, including coral reefs, shell fish beds, endangered species, marine mammals, seabirds, and marine ecosystems;CommentsClose CommentsPermalink





‘(IV) take into account conditions that will affect marine life, ecosystems, and human health, including seamounts, continental shelves, oceanic fronts, warm core and cold core rings, and ocean currents; andCommentsClose CommentsPermalink





‘(V) require compliance with all relevant Federal and State water quality standards.CommentsClose CommentsPermalink





‘(iii) MINIMUM LIMITS- The effluent limits promulgated under clause (i) shall require, at a minimum, that treated sewage, treated graywater, and treated bilge water effluent discharges from cruise vessels, measured at the point of discharge, shall, not later than the date described in subparagraph (C)--CommentsClose CommentsPermalink





‘(I) satisfy the minimum level of effluent quality specified in section 133.102 of title 40, Code of Federal Regulations (or a successor regulation); andCommentsClose CommentsPermalink





‘(II) with respect to the samples from the discharge during any 30-day period--CommentsClose CommentsPermalink

‘(aa) have a geometric mean that does not exceed 20 fecal coliform per 100 milliliters;CommentsClose CommentsPermalink

‘(bb) not exceed 40 fecal coliform per 100 milliliters in more than 10 percent of the samples; andCommentsClose CommentsPermalink

‘(cc) with respect to concentrations of total residual chlorine, not exceed 10 milligrams per liter.CommentsClose CommentsPermalink

‘(B) REVIEW AND REVISION OF EFFLUENT LIMITS- The Administrator shall--CommentsClose CommentsPermalink





‘(i) review the effluent limits promulgated under subparagraph (A) at least once every 5 years; andCommentsClose CommentsPermalink





‘(ii) revise the effluent limits to incorporate technology available at the time of the review in accordance with subparagraph (A)(ii).CommentsClose CommentsPermalink





‘(C) COMPLIANCE DATE- The Administrator shall require compliance with the effluent limits promulgated pursuant to subparagraph (A)--CommentsClose CommentsPermalink





‘(i) with respect to new vessels put into water after the date of enactment of this subsection, as of the date that is 180 days after the date of promulgation of the effluent limits; andCommentsClose CommentsPermalink





‘(ii) with respect to vessels in use as of that date of enactment, as of the date that is 1 year after the date of promulgation of the effluent limits.CommentsClose CommentsPermalink





‘(D) SAMPLING, MONITORING, AND REPORTING-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Administrator shall require sampling, monitoring, and reporting to ensure compliance with--CommentsClose CommentsPermalink





‘(I) the effluent limitations promulgated under subparagraph (A);CommentsClose CommentsPermalink





‘(II) all other applicable provisions of this Act;CommentsClose CommentsPermalink





‘(III) any regulations promulgated under this Act;CommentsClose CommentsPermalink





‘(IV) other applicable Federal laws (including regulations); andCommentsClose CommentsPermalink





‘(V) all applicable international treaty requirements.CommentsClose CommentsPermalink





‘(ii) RESPONSIBILITIES OF PERSONS IN CHARGE OF CRUISE VESSELS- The owner, operator, master, or other person in charge of a cruise vessel, shall at a minimum--CommentsClose CommentsPermalink





‘(I) conduct sampling or testing at the point of discharge on a monthly basis, or more frequently, as determined by the Administrator;CommentsClose CommentsPermalink





‘(II) provide real-time data to the Administrator, using telemetric or other similar technology, for reporting relating to--CommentsClose CommentsPermalink

‘(aa) discharges of sewage, graywater, and bilge water from cruise vessels;CommentsClose CommentsPermalink

‘(bb) pollutants emitted in sewage, graywater, and bilge water from cruise vessels; andCommentsClose CommentsPermalink

‘(cc) functioning of cruise vessel components relating to fuel consumption and control of air and water pollution;CommentsClose CommentsPermalink

‘(III) ensure, to the maximum extent practicable, that technologies providing real-time data have the ability to record--CommentsClose CommentsPermalink

‘(aa) the location and time of discharges from cruise vessels;CommentsClose CommentsPermalink

‘(bb) the source, content, and volume of the discharges; andCommentsClose CommentsPermalink

‘(cc) the operational state of components relating to pollution control technology at the time of the discharges, including whether the components are operating correctly;CommentsClose CommentsPermalink

‘(IV) establish chains of custody, analysis protocols, and other specific information necessary to ensure that the sampling, testing, and records of that sampling and testing are reliable; andCommentsClose CommentsPermalink





‘(V) maintain, and provide on a monthly basis to the Administrator, electronic copies of required sampling and testing data.CommentsClose CommentsPermalink





‘(iii) REPORTING REQUIREMENTS- The Administrator shall require the compilation and production, and not later than 1 year after the date of enactment of this subsection and biennially thereafter, the provision to the Administrator and the Commandant in electronic format, of documentation for each cruise vessel that includes, at a minimum--CommentsClose CommentsPermalink





‘(I) a detailed description of onboard waste treatment mechanisms in use by the cruise vessel, including the manufacturer of the waste treatment technology on board;CommentsClose CommentsPermalink





‘(II) a detailed description of onboard sludge management practices of the cruise vessel;CommentsClose CommentsPermalink





‘(III) copies of applicable hazardous materials forms;CommentsClose CommentsPermalink





‘(IV) a characterization of the nature, type, and composition of discharges by the cruise vessel;CommentsClose CommentsPermalink





‘(V) a determination of the volumes of those discharges, including average volumes; andCommentsClose CommentsPermalink





‘(VI) the locations, including the more common locations, of those discharges.CommentsClose CommentsPermalink





‘(iv) SHORESIDE DISPOSAL- The Administrator shall require documentation of shoreside disposal at approved facilities for all wastes by, at a minimum--CommentsClose CommentsPermalink





‘(I) establishing standardized forms for the receipt of those wastes;CommentsClose CommentsPermalink





‘(II) requiring those receipts to be sent electronically to the Administrator and Commandant and maintained in an onboard record book; andCommentsClose CommentsPermalink





‘(III) requiring those receipts to be signed and dated by the owner, operator, master, or other person in charge of the discharging vessel and the authorized representative of the receiving facility.CommentsClose CommentsPermalink





‘(v) REGULATIONS- Not later than 18 months after the date of enactment of this subsection, the Administrator, in consultation with the Commandant, shall promulgate regulations that, at a minimum, implement the sampling, monitoring, and reporting protocols required by this subparagraph.CommentsClose CommentsPermalink





‘(4) INSPECTION PROGRAM-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Administrator shall establish an inspection program to require that--CommentsClose CommentsPermalink





‘(i) regular announced and unannounced inspections be conducted of any relevant aspect of cruise vessel operations, equipment, or discharges, including sampling and testing of cruise vessel discharges;CommentsClose CommentsPermalink





‘(ii) each cruise vessel that calls on a port of the United States be subject to an unannounced inspection at least once per year; andCommentsClose CommentsPermalink





‘(iii) inspections be carried out by the Environmental Protection Agency or the Coast Guard.CommentsClose CommentsPermalink





‘(B) COAST GUARD INSPECTIONS- If the Administrator and the Commandant jointly agree that some or all inspections are to be carried out by the Coast Guard, the inspections shall--CommentsClose CommentsPermalink





‘(i) occur outside the Coast Guard matrix system for setting boarding priorities;CommentsClose CommentsPermalink





‘(ii) be consistent across Coast Guard districts; andCommentsClose CommentsPermalink





‘(iii) be conducted by specially-trained environmental inspectors.CommentsClose CommentsPermalink





‘(C) REGULATIONS- Not later than 18 months after the date of enactment of this subsection, the Administrator, in consultation with the Commandant, shall promulgate regulations that, at a minimum--CommentsClose CommentsPermalink





‘(i) designate responsibility for conducting inspections;CommentsClose CommentsPermalink





‘(ii) require the owner, operator, master, or other person in charge of a cruise vessel to maintain and submit a logbook detailing the times, types, volumes, flow rates, origins, and specific locations of, and explanations for, any discharges from the cruise vessel not otherwise required by the International Convention for the Prevention of Pollution from Ships, 1973 (done at London on November 2, 1973; entered into force on October 2, 1983), as modified by the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (done at London, February 17, 1978);CommentsClose CommentsPermalink





‘(iii) provide for routine announced and unannounced inspections of--CommentsClose CommentsPermalink





‘(I) cruise vessel environmental compliance records and procedures; andCommentsClose CommentsPermalink





‘(II) the functionality, sufficiency, redundancy, and proper operation and maintenance of installed equipment for abatement and control of any cruise vessel discharge (including equipment intended to treat sewage, graywater, or bilge water);CommentsClose CommentsPermalink





‘(iv) ensure that--CommentsClose CommentsPermalink





‘(I) all crew members are informed of, in the native language of the crew members, and understand, the pollution control obligations under this subsection, including regulations promulgated under this subsection; andCommentsClose CommentsPermalink





‘(II) applicable crew members are sufficiently trained and competent to comply with requirements under this subsection, including sufficient training and competence--CommentsClose CommentsPermalink

‘(aa) to effectively operate shipboard pollution control systems;CommentsClose CommentsPermalink

‘(bb) to conduct all necessary sampling and testing; andCommentsClose CommentsPermalink

‘(cc) to monitor and comply with recording requirements;CommentsClose CommentsPermalink

‘(v) require that operating manuals be on the cruise vessel and accessible to all crew members;CommentsClose CommentsPermalink





‘(vi) require the posting of the phone number for a toll-free whistleblower hotline on all ships and at all ports using language likely to be understood by international crews;CommentsClose CommentsPermalink





‘(vii) require any owner, operator, master, or other person in charge of a cruise vessel, who has knowledge of a discharge from the cruise vessel in violation of this subsection, including regulations promulgated under this subsection, to report immediately the discharge to the Administrator and the Commandant;CommentsClose CommentsPermalink





‘(viii) require the owner, operator, master, or other person in charge of a cruise vessel to provide, not later than 1 year after the date of enactment of this subsection, to the Administrator, Commandant, and on-board observers (including designated representatives), a copy of cruise vessel plans, including--CommentsClose CommentsPermalink





‘(I) piping schematic diagrams;CommentsClose CommentsPermalink





‘(II) construction drawings; andCommentsClose CommentsPermalink





‘(III) drawings or diagrams of storage systems, processing, treating, intake, or discharge systems, and any modifications of those systems (within the year during which the modifications are made); andCommentsClose CommentsPermalink





‘(ix) inhibit illegal discharges by prohibiting all means of altering piping, tankage, pumps, valves, and processes to bypass or circumvent measures or equipment designed to monitor, sample, or prevent discharges.CommentsClose CommentsPermalink





‘(D) DISCLOSURE OF LOGBOOKS- The logbook described in subparagraph (C)(ii) shall be submitted to the Administrator and the Commandant.CommentsClose CommentsPermalink





‘(5) CRUISE OBSERVER PROGRAM-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 18 months after the date of enactment of this subsection, the Commandant, in consultation with the Administrator, shall establish and carry out a program for the hiring and placement of 1 or more trained, independent, observers on each cruise vessel.CommentsClose CommentsPermalink





‘(B) PURPOSE- The purpose of the cruise observer program established under subparagraph (A) is to monitor and inspect cruise vessel operations, equipment, and discharges to ensure compliance with--CommentsClose CommentsPermalink





‘(i) this subsection (including regulations promulgated under this subsection); andCommentsClose CommentsPermalink





‘(ii) all other relevant Federal and State laws and international agreements.CommentsClose CommentsPermalink





‘(C) REGULATIONS- Not later than 18 months after the date of enactment of this subsection, the Commandant, in consultation with the Administrator and the Attorney General, shall promulgate regulations that, at a minimum--CommentsClose CommentsPermalink





‘(i) specify that the Coast Guard shall be responsible for the hiring of observers;CommentsClose CommentsPermalink





‘(ii) specify the qualifications, experience, and duties of the observers;CommentsClose CommentsPermalink





‘(iii) specify methods and criteria for Coast Guard hiring of observers;CommentsClose CommentsPermalink





‘(iv) establish the means for ensuring constant observer coverage and allowing for observer relief and rotation; andCommentsClose CommentsPermalink





‘(v) establish an appropriate rate of pay to ensure that observers are highly trained and retained by the Coast Guard.CommentsClose CommentsPermalink





‘(D) RESPONSIBILITIES- Cruise observers participating in the program established under subparagraph (A) shall--CommentsClose CommentsPermalink





‘(i) observe and inspect--CommentsClose CommentsPermalink





‘(I) onboard liquid and solid handling and processing systems;CommentsClose CommentsPermalink





‘(II) onboard environmental treatment systems;CommentsClose CommentsPermalink





‘(III) use of shore-based treatment and storage facilities;CommentsClose CommentsPermalink





‘(IV) discharges and discharge practices; andCommentsClose CommentsPermalink





‘(V) documents relating to environmental compliance, including--CommentsClose CommentsPermalink

‘(aa) sounding boards, logs, and logbooks;CommentsClose CommentsPermalink

‘(bb) daily and corporate maintenance and engineers’ logbooks;CommentsClose CommentsPermalink

‘(cc) fuel, sludge, slop, waste, and ballast tank capacity tables;CommentsClose CommentsPermalink

‘(dd) installation, maintenance, and operation records for oily water separators, incinerators, and boilers;CommentsClose CommentsPermalink

‘(ee) piping diagrams;CommentsClose CommentsPermalink

‘(ff) e-mail archives;CommentsClose CommentsPermalink

‘(gg) receipts for the transfer of materials, including waste disposal;CommentsClose CommentsPermalink

‘(hh) air emissions data; andCommentsClose CommentsPermalink

‘(ii) electronic and other records of relevant information, including fuel consumption, maintenance, and spares ordering for all waste processing- and pollution-related equipment;CommentsClose CommentsPermalink

‘(ii) have the authority to interview and otherwise query any crew member with knowledge of cruise vessel operations;CommentsClose CommentsPermalink





‘(iii) have access to all data and information made available to government officials under this subsection;CommentsClose CommentsPermalink





‘(iv) immediately report any known or suspected violation of this subsection or any other applicable Federal law or international agreement to--CommentsClose CommentsPermalink





‘(I) the owner, operator, master, or other person in charge of a cruise vessel;CommentsClose CommentsPermalink





‘(II) the Commandant; andCommentsClose CommentsPermalink





‘(III) the Administrator;CommentsClose CommentsPermalink





‘(v) maintain inspection records to be submitted to the Commandant and the Administrator on a semiannual basis; andCommentsClose CommentsPermalink





‘(vi) have authority to conduct the full range of duties of the observers within the United States territorial seas, contiguous zone, and exclusive economic zone.CommentsClose CommentsPermalink





‘(E) PROGRAM EVALUATION- The cruise observer program established and carried out by the Commandant under subparagraph (A) shall include--CommentsClose CommentsPermalink





‘(i) a method for collecting and reviewing data relating to the efficiency, sufficiency, and operation of the cruise observer program, including--CommentsClose CommentsPermalink





‘(I) the ability to achieve program goals;CommentsClose CommentsPermalink





‘(II) cruise vessel personnel cooperation;CommentsClose CommentsPermalink





‘(III) necessary equipment and analytical resources; andCommentsClose CommentsPermalink





‘(IV) the need for additional observer training; andCommentsClose CommentsPermalink





‘(ii) a process for adopting periodic revisions to the program based on the data collected under clause (i).CommentsClose CommentsPermalink





‘(F) OBSERVER SUPPORT- Not later than 18 months after the date of enactment of this subsection, the Commandant, in consultation with the Administrator, shall implement a program to provide support to observers, including, at a minimum--CommentsClose CommentsPermalink





‘(i) training for observers to ensure the ability of the observers to carry out this paragraph;CommentsClose CommentsPermalink





‘(ii) necessary equipment and analytical resources, such as laboratories, to carry out the responsibilities established under this subsection; andCommentsClose CommentsPermalink





‘(iii) support relating to the administration of the program and the response to any recalcitrant cruise vessel personnel.CommentsClose CommentsPermalink





‘(G) REPORT- Not later than 3 years after the date of establishment of the program under this paragraph, the Commandant, in consultation with the Administrator, shall submit to Congress a report describing--CommentsClose CommentsPermalink





‘(i) the results of the program in terms of observer effectiveness, optimal coverage, environmental benefits, and cruise ship cooperation;CommentsClose CommentsPermalink





‘(ii) recommendations for increased effectiveness, including increased training needs and increased equipment needs; andCommentsClose CommentsPermalink





‘(iii) other recommendations for improvement of the program.CommentsClose CommentsPermalink





‘(6) REWARDS-CommentsClose CommentsPermalink





‘(A) PAYMENTS TO INDIVIDUALS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Administrator or a court of competent jurisdiction, as the case may be, may order payment, from a civil penalty or criminal fine collected for a violation of this subsection, of an amount not to exceed 1/2 of the amount of the civil penalty or criminal fine, to any individual who furnishes information that leads to the payment of the civil penalty or criminal fine.CommentsClose CommentsPermalink





‘(ii) MULTIPLE INDIVIDUALS- If 2 or more individuals provide information described in clause (i), the amount available for payment as a reward shall be divided equitably among the individuals.CommentsClose CommentsPermalink





‘(iii) INELIGIBLE INDIVIDUALS- No officer or employee of the United States, a State, or an Indian tribe who furnishes information or renders service in the performance of the official duties of the officer or employee shall be eligible for a reward payment under this paragraph.CommentsClose CommentsPermalink





‘(B) PAYMENTS TO INDIAN TRIBES- The Administrator or a court of competent jurisdiction, as the case may be, may order payment, from a civil penalty or criminal fine collected for a violation of this subsection, to an Indian tribe providing information or investigative assistance that leads to payment of the penalty or fine, of an amount that reflects the level of information or investigative assistance provided.CommentsClose CommentsPermalink





‘(C) PAYMENTS DIVIDED AMONG INDIAN TRIBES AND INDIVIDUALS- In a case in which an Indian tribe and an individual under subparagraph (A) are eligible to receive a reward payment under this paragraph, the Administrator or the court shall divide the amount available for the reward equitably among those recipients.CommentsClose CommentsPermalink





‘(7) LIABILITY IN REM- A cruise vessel operated in violation of this subsection or any regulation promulgated under this subsection--CommentsClose CommentsPermalink





‘(A) shall be liable in rem for any civil penalty or criminal fine imposed for the violation; andCommentsClose CommentsPermalink





‘(B) may be subject to a proceeding instituted in any United States district court of competent jurisdiction.CommentsClose CommentsPermalink





‘(8) PERMIT REQUIREMENT- A cruise vessel may operate in the waters of the United States, or visit a port or place under the jurisdiction of the United States, only if the cruise vessel has been issued a permit under this section.CommentsClose CommentsPermalink





‘(9) NONAPPLICABILITY OF CERTAIN PROVISIONS- Paragraphs (6)(A) and (12)(B) of section 502 shall not apply to any cruise vessel.CommentsClose CommentsPermalink





‘(10) STATUTORY OR COMMON LAW RIGHTS NOT RESTRICTED- Nothing in this subsection--CommentsClose CommentsPermalink





‘(A) restricts the rights of any person (or class of persons) to regulate or seek enforcement or other relief (including relief against the Administrator or Commandant) under any statute or common law;CommentsClose CommentsPermalink





‘(B) affects the right of any person (or class of persons) to regulate or seek enforcement or other relief with regard to vessels other than cruise vessels under any statute or common law; orCommentsClose CommentsPermalink





‘(C) affects the right of any person (or class of persons) under any statute or common law, including this Act, to regulate or seek enforcement or other relief with regard to pollutants or emission streams from cruise vessels that are not otherwise regulated under this subsection.CommentsClose CommentsPermalink





‘(11) ESTABLISHMENT OF FUND; FEES-CommentsClose CommentsPermalink





‘(A) CRUISE VESSEL POLLUTION CONTROL FUND-CommentsClose CommentsPermalink





‘(i) ESTABLISHMENT- There is established in the general fund of the Treasury a separate account, to be known as the ‘Cruise Vessel Pollution Control Fund’ (referred to in this paragraph as the ‘Fund’).CommentsClose CommentsPermalink





‘(ii) AMOUNTS- The Fund shall consist of such amounts as are deposited in the Fund under subparagraph (B)(vi).CommentsClose CommentsPermalink





‘(iii) AVAILABILITY AND USE OF AMOUNTS IN FUND- Amounts in the Fund shall be--CommentsClose CommentsPermalink





‘(I) available to the Administrator and the Commandant as provided in appropriations Acts; andCommentsClose CommentsPermalink





‘(II) used by the Administrator and the Commandant only for purposes of carrying out this subsection.CommentsClose CommentsPermalink





‘(B) FEES ON CRUISE VESSELS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Commandant and the Administrator shall establish and collect from each cruise vessel a reasonable and appropriate fee for each paying passenger on a cruise vessel voyage, for use in carrying out this subsection.CommentsClose CommentsPermalink





‘(ii) ADJUSTMENT OF FEE-CommentsClose CommentsPermalink





‘(I) IN GENERAL- The Commandant and the Administrator shall biennially adjust the amount of the fee established under clause (i) to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor during the most recent 2-year period for which data are available.CommentsClose CommentsPermalink





‘(II) ROUNDING- The Commandant and the Administrator may round an adjustment under subclause (I) to the nearest 1/10 of a dollar.CommentsClose CommentsPermalink





‘(iii) FACTORS IN ESTABLISHING FEES-CommentsClose CommentsPermalink





‘(I) IN GENERAL- In establishing fees under clause (i), the Commandant and Administrator may establish lower levels of fees and the maximum amount of fees for certain classes of cruise vessels based on--CommentsClose CommentsPermalink

‘(aa) size;CommentsClose CommentsPermalink

‘(bb) economic share; andCommentsClose CommentsPermalink

‘(cc) such other factors as are determined to be appropriate by the Commandant and the Administrator.CommentsClose CommentsPermalink

‘(iv) FEE SCHEDULES- Any fee schedule established under clause (i), including the level of fees and the maximum amount of fees, shall take into account--CommentsClose CommentsPermalink





‘(I) cruise vessel routes;CommentsClose CommentsPermalink





‘(II) the frequency of stops at ports of call by cruise vessels; andCommentsClose CommentsPermalink





‘(III) other applicable considerations.CommentsClose CommentsPermalink





‘(v) COLLECTION OF FEES- A fee established under clause (i) shall be collected by the Administrator or the Commandant from the owner or operator of each cruise vessel to which this subsection applies.CommentsClose CommentsPermalink





‘(vi) DEPOSITS TO FUND- Notwithstanding any other provision of law, all fees collected under this paragraph, and all penalties and payments collected for violations of this subsection, shall be deposited in the Fund.CommentsClose CommentsPermalink





‘(12) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Administrator and the Commandant such sums as are necessary to carry out this subsection for each of fiscal years 2010 through 2014.’.CommentsClose CommentsPermalink