Boating › OUPV License › Pollution Prevention and Sanitation
Pollution Prevention and Sanitation
Examined in Q170, Q356, Q360.
What the Coast Guard lists under this subject
Ship Sanitation
Verbatim from the National Maritime Center's published examination topics.
§ 159.1 Purpose.
The regulation, word for word — 33 CFR 159, § 159.1
This part prescribes regulations governing the design and construction of marine sanitation devices and procedures for certifying that marine sanitation devices meet the regulations and the standards of the Environmental Protection Agency promulgated under section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1322), to eliminate the discharge of untreated sewage from vessels into the waters of the United States, including the territorial seas. Subpart A of this part contains regulations governing the manufacture and operation of vessels equipped with marine sanitation devices.
§ 159.3 Definitions.
The regulation, word for word — 33 CFR 159, § 159.3
In this part:
Coast Guard means the Commandant or his authorized representative.
Discharge includes, but is not limited to, any spilling, leaking, pouring, pumping, emitting, emptying, or dumping.
Existing vessel includes any vessel, the construction of which was initiated before January 30, 1975.
Fecal coliform bacteria are those organisms associated with the intestine of warm-blooded animals that are commonly used to indicate the presence of fecal material and the potential presence of organisms capable of causing human disease.
Inspected vessel means any vessel that is required to be inspected under 46 CFR Ch. I.
Length means a straight line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline. Bow sprits, bumpkins, rudders, outboard motor brackets, and similar fittings or attachments are not to be included in the measurement.
Manufacturer means any person engaged in manufacturing, assembling, or importing of marine sanitation devices or of vessels subject to the standards and regulations promulgated under section 312 of the Federal Water Pollution Control Act.
Marine sanitation device and device includes any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage.
New vessel includes any vessel, the construction of which is initiated on or after January 30, 1975.
Person means an individual, partnership, firm, corporation, or association, but does not include an individual on board a public vessel.
Public vessel means a vessel owned or bare-boat chartered and operated by the United States, by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce.
Recognized facility means any laboratory or facility listed by the Coast Guard as a recognized facility under this part.
Sewage means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body waste.
Territorial seas means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of 3 miles.
Type I marine sanitation device means a device that, under the test conditions described in §§ 159.123 and 159.125, produces an effluent having a fecal coliform bacteria count not greater than 1,000 per 100 milliliters and no visible floating solids.
Type II marine sanitation device means a device that, under the test conditions described in §§ 159.126 and 159.126a, produces an effluent having a fecal coliform bacteria count not greater than 200 per 100 milliliters and suspended solids not greater than 150 milligrams per liter.
Type III marine sanitation device means a device that is designed to prevent the overboard discharge of treated or untreated sewage or any waste derived from sewage.
Uninspected vessel means any vessel that is not required to be inspected under 46 CFR Chapter I.
United States includes the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, and the Trust Territory of the Pacific Islands.
Vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the waters of the United States.
Amendment history: [CGD 96-026, 61 FR 33668, June 28, 1996, as amended by CGD 95-028, 62 FR 51194, Sept. 30, 1997]
§ 159.5 Requirements for vessel manufacturers.
The regulation, word for word — 33 CFR 159, § 159.5
No manufacturer may manufacture for sale, sell, offer for sale, or distribute for sale or resale any vessel equipped with installed toilet facilities unless it is equipped with:
(a) An operable Type II or III device that has a label on it under § 159.16 or that is certified under § 159.12 or § 159.12a; or
(b) An operable Type I device that has a label on it under § 159.16 or that is certified under § 159.12, if the vessel is 19.7 meters (65 feet) or less in length.
Amendment history: [CGD 95-028, 62 FR 51194, Sept. 30, 1997]
§ 159.7 Requirements for vessel operators.
The regulation, word for word — 33 CFR 159, § 159.7
(a) No person may operate any vessel equipped with installed toilet facilities unless it is equipped with:
(1) An operable Type II or III device that has a label on it under § 159.16 or that is certified under § 159.12 or § 159.12a; or
(2) An operable Type I device that has a label on it under § 159.16 or that is certified under § 159.12, if the vessel is 19.7 meters (65 feet) or less in length.
(b) When operating a vessel on a body of water where the discharge of treated or untreated sewage is prohibited by the Environmental Protection Agency under 40 CFR 140.3 or 140.4, the operator must secure each Type I or Type II device in a manner which prevents discharge of treated or untreated sewage. Acceptable methods of securing the device include—
(1) Closing the seacock and removing the handle;
(2) Padlocking the seacock in the closed position;
(3) Using a non-releasable wire-tie to hold the seacock in the closed position; or
(4) Locking the door to the space enclosing the toilets with a padlock or door handle key lock.
(c) When operating a vessel on a body of water where the discharge of untreated sewage is prohibited by the Environmental Protection Agency under 40 CFR 140.3, the operator must secure each Type III device in a manner which prevents discharge of sewage. Acceptable methods of securing the device include—
(1) Closing each valve leading to an overboard discharge and removing the handle;
(2) Padlocking each valve leading to an overboard discharge in the closed position; or
(3) Using a non-releasable wire-tie to hold each valve leading to an overboard discharge in the closed position.
Amendment history: [CGH 95-028, 62 FR 51194, Sept. 30, 1997]
§ 159.15 Certification.
The regulation, word for word — 33 CFR 159, § 159.15
(a) The recognized facility must evaluate the information that is submitted by the manufacturer in accordance with § 159.14(b) (1), (2), and (3), evaluate the device for compliance with §§ 159.53 through 159.95, test the device in accordance with § 159.101 and submit to the Commanding Officer (MSC), Attn: Marine Safety Center, U.S. Coast Guard Stop 7430, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7430 the following:
(1) The information that is required under § 159.14(b);
(2) A report on compliance evaluation;
(3) A description of each test;
(4) Test results; and
(5) A statement, that is signed by the person in charge of testing, that the test results are accurate and complete.
(b) The Coast Guard certifies a test device, on the design of the device, if it determines, after consideration of the information that is required under paragraph (a) of this section, that the device meets the requirements in Subpart C of this part.
(c) The Coast Guard notifies the manufacturer and recognized facility of its determination under paragraph (b) of this section. If the device is certified, the Coast Guard includes a certification number for the device. If certification is denied, the Coast Guard notifies the manufacturer and recognized facility of the requirements of this part that are not met. The manufacturer may appeal a denial to the Commanding Officer (MSC), Attn: Marine Safety Center, U.S. Coast Guard Stop 7430, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7430.
(d) If upon re-examination of the test device, the Coast Guard determines that the device does not in fact comply with the requirements of Subpart C of this part, it may terminate the certification.
Amendment history: [CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 15326, Apr. 12, 1976; CGD 82-063a, 48 FR 4776, Feb. 3, 1983; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996; USCG-2001-9286, 66 FR 33641, June 25, 2001; USCG-2010-0351, 75 FR 36286, June 25, 2010; USCG-2014-0410, 79 FR 38439, July 7, 2014; USCG-2016-0498, 82 FR 35083, July 28, 2017]
§ 159.16 Authorization to label devices.
The regulation, word for word — 33 CFR 159, § 159.16
(a) When a test device is certified under § 159.15(b), the Coast Guard will issue a letter that authorizes the manufacturer to label each device that he manufactures with the manufacturer's certification that the device is in all material respects substantially the same as a test device certified by the U.S. Coast Guard pursuant to section 312 of the Federal Water Pollution Control Act Amendments of 1972.
(b) Certification placed on a device by its manufacturer under this section is the certification required by section 312(h)(4) of the Federal Water Pollution Control Act Amendments of 1972, which makes it unlawful for a vessel that is subject to the standards and regulations promulgated under the Act to operate on the navigable waters of the United States, if such vessel is not equipped with an operable marine sanitation device certified pursuant to section 312 of the Act.
(c) Letters of authorization issued under this section are valid for 5 years, unless sooner suspended, withdrawn, or terminated and may be reissued upon written request of the manufacturer to whom the letter was issued.
(d) The Coast Guard, in accordance with the procedure in 46 CFR 2.75, may suspend, withdraw, or terminate any letter of authorization issued under this section if the Coast Guard finds that the manufacturer is engaged in the manufacture of devices labeled under this part that are not in all material respects substantially the same as a test device certified pursuant to this part.
§ 159.55 Identification.
The regulation, word for word — 33 CFR 159, § 159.55
(a) Each production device must be legibly marked in accordance with paragraph (b) of this section with the following information:
(1) The name of the manufacturer.
(2) The name and model number of the device.
(3) The month and year of completion of manufacture.
(4) Serial number.
(5) Whether the device is certified for use on an inspected or an uninspected vessel.
(6) Whether the device is Type I, II, or III.
(b) The information required by paragraph (a) of this section must appear on a nameplate attached to the device or in lettering on the device. The nameplate or lettering stamped on the device must be capable of withstanding without loss of legibility the combined effects of normal wear and tear and exposure to water, salt spray, direct sunlight, heat, cold, and any substance listed in § 159.117(b) and (c). The nameplate and lettering must be designed to resist efforts to remove them from the device or efforts to alter the information stamped on the nameplate or the device without leaving some obvious evidence of the attempted removal or alteration.
Amendment history: [CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 15325, Apr. 12, 1976]
§ 159.57 Installation, operation, and maintenance instructions.
The regulation, word for word — 33 CFR 159, § 159.57
(a) The instructions supplied by the manufacturer must contain directions for each of the following:
(1) Installation of the device in a manner that will permit ready access to all parts of the device requiring routine service and that will provide any flue clearance necessary for fire safety.
(2) Safe operation and servicing of the device so that any discharge meets the applicable requirements of § 159.53.
(3) Cleaning, winter layup, and ash or sludge removal.
(4) Installation of a vent or flue pipe.
(5) The type and quantity of chemicals that are required to operate the device, including instructions on the proper handling, storage and use of these chemicals.
(6) Recommended methods of making required plumbing and electrical connections including fuel connections and supply circuit overcurrent protection.
(b) The instructions supplied by the manufacturer must include the following information:
(1) The name of the manufacturer.
(2) The name and model number of the device.
(3) Whether the device is certified for use on an inspected, or uninspected vessel.
(4) A complete parts list.
(5) A schematic diagram showing the relative location of each part.
(6) A wiring diagram.
(7) A description of the service that may be performed by the user without coming into contact with sewage or chemicals.
(8) Average and peak capacity of the device for the flow rate, volume, or number of persons that the device is capable of serving and the period of time the device is rated to operate at peak capacity.
(9) The power requirements, including voltage and current.
(10) The type and quantity of fuel required.
(11) The duration of the operating cycle for unitized incinerating devices.
(12) The maximum angles of pitch and roll at which the device operates in accordance with the applicable requirements of § 159.53.
(13) Whether the device is designed to operate in salt, fresh, or brackish water.
(14) The maximum hydrostatic pressure at which a pressurized sewage retention tank meets the requirements of § 159.111.
(15) The maximum operating level of liquid retention components.
(16) Whether the device is Type I, II, or III.
(17) A statement as follows:
Note:
The EPA standards state that in freshwater lakes, freshwater reservoirs or other freshwater impoundments whose inlets or outlets are such as to prevent the ingress or egress by vessel traffic subject to this regulation, or in rivers not capable of navigation by interstate vessel traffic subject to this regulation, marine sanitation devices certified by the U.S. Coast Guard installed on all vessels shall be designed and operated to prevent the overboard discharge of sewage, treated or untreated, or of any waste derived from sewage. The EPA standards further state that this shall not be construed to prohibit the carriage of Coast Guard-certified flow-through treatment devices which have been secured so as to prevent such discharges. They also state that waters where a Coast Guard-certified marine sanitation device permitting discharge is allowed include coastal waters and estuaries, the Great Lakes and interconnected waterways, freshwater lakes and impoundments accessible through locks, and other flowing waters that are navigable interstate by vessels subject to this regulation (40 CFR 140.3).
Amendment history: [CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 15325, Apr. 12, 1976]
§ 159.59 Placard.
The regulation, word for word — 33 CFR 159, § 159.59
Each device must have a placard suitable for posting on which is printed the operating instructions, safety precautions, and warnings pertinent to the device. The size of the letters printed on the placard must be one-eighth of an inch or larger.
§ 159.85 Sewage removal.
The regulation, word for word — 33 CFR 159, § 159.85
The device must be designed for efficient removal of nearly all of the liquid and solids in the sewage retention tank.
§ 159.87 Removal fittings.
The regulation, word for word — 33 CFR 159, § 159.87
If sewage removal fittings or adapters are provided with the device, they must be of either 1 1/2 ″ or 4″ nominal pipe size.
§ 159.95 Safety.
The regulation, word for word — 33 CFR 159, § 159.95
(a) Each device must—
(1) Be free of design defects such as rough or sharp edges that may cause bodily injuries or that would allow toxic substances to escape to the interior of the vessel;
(2) Be vented or provided with a means to prevent an explosion or over pressurization as a result of an accumulation of gases; and
(3) Meet all other safety requirements of the regulations applicable to the type of vessel for which it is certified.
(b) A chemical that is specified or provided by the manufacturer for use in the operation of a device and is defined as a hazardous material in 46 CFR part 146 must be certified by the procedures in 46 CFR part 147.
(c) Current carrying components must be protected from accidental contact by personnel operating or routinely servicing the device. All current carrying components must as a minimum be of drip-proof construction or be enclosed within a drip-proof compartment.
§ 159.97 Safety: inspected vessels.
The regulation, word for word — 33 CFR 159, § 159.97
The Commanding Officer, USCG Marine Safety Center, approves the design and construction of devices to be certified for installation and operation on board inspected vessels on the basis of tests and reports of inspection under the applicable marine engineering requirements in subchapter F of Title 46, Code of Federal Regulations, and under the applicable electrical engineering requirements in subchapter J of Title 46 Code of Federal Regulations.
Amendment history: [CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 15326, Apr. 12, 1976; USCG-2001-9286, 66 FR 33641, June 25, 2001]
§ 153.101 Purpose.
The regulation, word for word — 33 CFR 153, § 153.101
The purpose of this part is to prescribe regulations concerning notification to the Coast Guard of the discharge of oil or hazardous substances as required by the Federal Water Pollution Control Act, as amended (FWPCA); the procedures for the removal of a discharge of oil; and the costs that may be imposed or reimbursed for the removal of a discharge of oil or hazardous substances under the FWPCA.
Amendment history: [CGD 84-067, 51 FR 17965, May 16, 1986]
§ 153.103 Definitions.
The regulation, word for word — 33 CFR 153, § 153.103
As used in this part:
(a) Act means the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.).
(b) CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(c) Chemical agents means those elements, compounds, or mixtures that coagulate, disperse, dissolve, emulsify, foam, neutralize, precipitate, reduce, solubilize, oxidize, concentrate, congeal, entrap, fix, make the pollutant mass more rigid or viscous, or otherwise facilitate the mitigation of deleterious effects or removal of the pollutant from the water. The term “chemical agents” as used in this part includes dispersants, surface collecting agents, biological additives, burning agents, and sinking agents as defined in Subpart H of the National Contingency Plan.
(d) Assistant Commandant for Marine Safety, Security and Environmental Protection means the Coast Guard Officer designated by the Commandant to assist and advise the Commandant on matters related to marine environmental response, port and environmental safety, and waterways management.
(e) Coastal waters means all U.S. waters subject to the tide, U.S. waters of the Great Lakes, specified ports and harbors on the inland rivers, waters of the contiguous zone, or other waters of the high seas subject to discharges in connection with activities under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.), or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)). These waters include those contained within the Exclusive Economic Zone declared by Presidential Proclamation 5030 on March 10, 1983 (43 FR 10605).
Note:
Coastal waters are those waters where the Coast Guard has the responsibility for providing On-Scene Coordinators under the National Contingency Plan. Specific dividing lines between coastal and inland waters, and the identification of specified ports and harbors on inland rivers, are contained in Regional Contingency Plans prepared pursuant to the National Contingency Plan.
(f) Contiguous zone means the entire zone established by the United States under Article 24 of the Convention on the Territorial Sea and the Contiguous Zone, as published in the June 1, 1972 issue of the Federal Register (37 FR 11906).
(g) Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping, but excludes (A) discharges in compliance with a permit under Section 402 of the Act, (B) discharges resulting from circumstances identified and reviewed and made part of the public record with respect to a permit issued or modified under Section 402 of the Act, and subject to a condition in such permit, and (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under section 402 of the Act, which are caused by events occurring within the scope of relevant operating or treatment systems.
(h) Hazardous substance means any substance designated by the Administrator of the Environmental Protection Agency pursuant to section 311(b)(2) of the Act.
(i) Inland waters means all other waters of the U.S. not included in the definition of coastal waters.
Note:
Inland waters are those waters where the Environmental Protection Agency has the responsibility for providing On-Scene Coordinators under the National Contingency Plan. Specific dividing lines between coastal and inland waters are contained in Regional Contingency Plans prepared pursuant to the National Contingency Plan.
(j) Mechanical removal means the use of pumps, skimmers, booms, earthmoving equipment, and other mechanical devices to contain the discharge of oil and to recover the discharge from the water or adjoining shorelines.
(k) Navigable waters means the waters of the United States as defined in paragraph 2.36(b) of this Chapter.
(l) Offshore facility means any facility of any kind located in, on, or under, any of the navigable waters of the United States, and any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters, other than a vessel or a public vessel.
(m) Oil means oil of any kind or in any form, including but not limited to petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.
(n) On-Scene Coordinator or OSC is the Federal official predesignated by the Environmental Protection Agency (EPA) or Coast Guard to coordinate and direct Federal removal efforts at the scene of an oil or hazardous substance discharge as prescribed in the National Oil and Hazardous Substances Pollution Contingency Plan (National Contingency Plan) as published in 40 CFR part 300.
(o) Onshore facility means any facility (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under, any land within the United States other than submerged land.
(p) Person includes an individual, firm, corporation, association, and a partnership.
(q) Pollution Fund and Fund means the revolving fund established in the Treasury under the authority in section 311(k) of the Act to carry out the provisions of section 311 (c), (d), (i), and (l) of the Act.
(r) Public vessel means a vessel owned or bare-boat chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce.
(s) Remove or Removal refers to removal of oil or hazardous substances from the waters and shorelines or the taking of such other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches.
(t) Sorbent means materials essentially inert and insoluble used to remove oil from water through a variety of sorption mechanisms. Examples include straw, expanded perlite, polyurethane foam, reclaimed paper fibers, and peat moss.
(u) Such quantities as may be harmful means those quantities of oil and any hazardous substances determined in accordance with the provisions of section 311(b)(4) of the Act.
Note:
Regulations that relate to such quantities as may be harmful of oil are published in 40 CFR part 110. Regulations that relate to such quantities as may be harmful (reportable quantities) of hazardous substances are published in 40 CFR part 117 and also listed in 40 CFR part 302.
(v) United States means the States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.
(w) Vessel means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel.
Amendment history: [CGD 84-067, 51 FR 17965, May 16, 1986, as amended by CGD 88-052, 53 FR 25121, July 1, 1988; CGD 96-026, 61 FR 33665, June 28, 1996; CGD 97-023, 62 FR 33363, June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002; USCG-2008-0179, 73 FR 35014, June 19, 2008]
§ 153.105 FWPCA delegations and redelegation.
The regulation, word for word — 33 CFR 153, § 153.105
The delegations and redelegations under the Federal Water Pollution Control Act (FWPCA) [33 U.S.C. 1321 et seq.] are published in § 1.01-80 and § 1.01-85, respectively, of this chapter.
Amendment history: [CGD 91-225, 59 FR 66485, Dec. 27, 1994]
§ 153.107 [Reserved]
§ 153.109 CERCLA delegations.
The regulation, word for word — 33 CFR 153, § 153.109
The delegations under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) are published in § 1.01-70 of this chapter.
Amendment history: [CGD 83-009, 49 FR 575, Jan. 5, 1984]
§ 153.201 Purpose.
The regulation, word for word — 33 CFR 153, § 153.201
The purpose of this subpart is to prescribe the manner in which the notice required in section 311(b)(5) of the Act is to be given and to list the government officials to receive that notice.
§ 153.203 Procedure for the notice of discharge.
The regulation, word for word — 33 CFR 153, § 153.203
Any person in charge of a vessel or of an onshore or offshore facility shall, as soon as they have knowledge of any discharge of oil or a hazardous substance from such vessel or facility in violation of section 311(b)(3) of the Act, immediately notify the Commandant (CG-MER-3), Attn: Industry and Interagency Coordination Division, U.S. Coast Guard Stop 7516, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7516, toll free telephone number: 800-424-8802, direct telephone: 202-267-2675, or Fax: 202-267-1322. If direct reporting to the NRC is not practicable, reports may be made to the Coast Guard or EPA predesignated OSC for the geographic area where the discharge occurs. All such reports shall be promptly relayed to the NRC. If it is not possible to notify the NRC or the predesignated OSC immediately, reports may be made immediately to the nearest Coast Guard unit, provided that the person in charge of the vessel or onshore or offshore facility notifies the NRC as soon as possible. A report made under this section satisfies the reporting requirements of § 151.15 of this chapter and of 46 CFR 4.05-1, if required under that provision.
Note:
Geographical jurisdiction of Coast Guard and EPA OSC's are specified in the applicable Regional Contingency Plan. Regional Contingency Plans are available at Coast Guard District Offices and EPA Regional Offices as indicated in Table 2. Addresses and telephone numbers for these offices are listed in Table 1.
Amendment history: [CGD 84-067, 51 FR 17966, May 16, 1986, as amended by CGD 88-052, 53 FR 25121, July 1, 1988; USCG-2000-6927, 70 FR 74675, Dec. 16, 2005; USCG-2006-25150, 71 FR 39209, July 12, 2006; USCG-2008-0179, 73 FR 35014, June 19, 2008; USCG-2010-0351, 75 FR 36284, June 25, 2010; USCG-2014-0410, 79 FR 38435, July 7, 2014]
§ 153.205 Fines.
The regulation, word for word — 33 CFR 153, § 153.205
Section 311(b)(5) of the Act prescribes that any person who fails to notify the appropriate agency of the United States Government immediately of a discharge is, upon conviction, fined in accordance with Title 18, U.S. Code, or imprisoned for not more than 5 years, or both.
| Address | Telephone | |
|---|---|---|
| EPA Regional Offices | ||
| Region: | ||
| 1 | 1 Congress St., Suite 1100, Boston, MA 02114-2023 | 617-918-1111 |
| 2 | 290 Broadway, New York, NY 10007-1866 | 212-637-3000 |
| 3 | 1650 Arch St., Philadelphia, PA 19103-2029 | 215-814-5000 |
| 4 | Atlanta Federal Center, 61 Forsyth St., SW, Atlanta, GA 30303-3104 | 404-562-9900 |
| 5 | 77 West Jackson Boulevard, Chicago, IL 60604-3507 | 312-353-2000 |
| 6 | Fountain Place 12th Floor, Suite 1200, 1445 Ross Avenue, Dallas, TX 75202-2733 | 214-665-2200 |
| 7 | 901 North 5th St., Kansas City, KS 66101 | 913-551-7003 |
| 8 | 999 18th St., Suite 500, Denver, CO 80202-2466 | 303-312-6312 |
| 9 | 75 Hawthorne St., San Francisco, CA 94105 | 415-744-1305 |
| 10 | 1200 Sixth Avenue, Seattle, WA 98101 | 206-553-1200 |
| Coast Guard District Offices | ||
| District: | ||
| USCG Northeast District | 408 Atlantic Avenue, Boston, MA 02210-3350 | 617-223-8480 |
| USCG East District | Federal Building, 431 Crawford St., Portsmouth, VA 23704-5004 | 757-398-6638 |
| USCG Southeast District | 909 S.E. First Avenue, Miami, FL 33131-3050 | 305-536-5651 |
| USCG Heartland District | Hale Boggs Federal Bldg., 500 Camp Street, New Orleans, LA 70130-3396 | 504-589-6901 |
| USCG Great Lakes District | 1240 E. 9th St., Cleveland, OH 44199-2060 | 216-902-6045 |
| USCG Southwest District | Coast Guard Island, Building 50-6, Alameda, CA 94501-5100 | 510-437-2940 |
| USCG Northwest District | Jackson Federal Bldg., 915 Second Avenue, Seattle, WA 98174-1067 | 206-220-7090 |
| USCG Oceania District | Prince PJKK Federal Bldg., Room 9212, 300 Ala Moana Blvd., Honolulu, HI 96850-4982 | 808-541-2114 |
| USCG Arctic District | P.O. Box 25517, Juneau, AK 99802-5517 | 907-463-2199 |
| States and EPA region | Coast Guard district |
|---|---|
| Region I: | |
| Maine | USCG Northeast District |
| New Hampshire | USCG Northeast District |
| Vermont: | |
| All except Northwestern portion | USCG Northeast District |
| Northwestern portion | USCG Northeast District |
| Massachusetts | USCG Northeast District |
| Connecticut | USCG Northeast District |
| Rhode Island | USCG Northeast District |
| Region II: | |
| New York: | |
| Coastal area and Eastern portion | USCG Northeast District |
| Great Lakes area and other portions | USCG Great Lakes District |
| New Jersey: | |
| Upper portion | USCG Northeast District |
| Lower portion | USCG East District |
| Puerto Rico | USCG Southeast District |
| Virgin Islands | USCG Southeast District |
| Region III: | |
| Pennsylvania: | |
| Eastern portion | USCG East District |
| Great Lakes area | USCG Great Lakes District |
| Southwestern portion | USCG Heartland District |
| Maryland | USCG East District |
| Delaware | USCG East District |
| West Virginia | USCG Heartland District |
| Virginia | USCG East District |
| District of Columbia | USCG East District |
| Region IV: | |
| Kentucky | USCG Heartland District |
| Tennessee | USCG Heartland District |
| North Carolina | USCG East District |
| South Carolina | USCG Southeast District |
| Georgia | USCG Southeast District |
| Florida: | |
| Atlantic and Gulf coasts | USCG Southeast District |
| Panhandle area | USCG Heartland District |
| Alabama | USCG Heartland District |
| Mississippi | USCG Heartland District |
| Region V: | |
| Minnesota: | |
| Great Lakes area | USCG Great Lakes District |
| Inland rivers area | USCG Heartland District |
| Wisconsin: | |
| Great Lakes area | USCG Great Lakes District |
| Inland rivers area | USCG Heartland District |
| Michigan | USCG Great Lakes District |
| Illinois: | |
| Great Lakes area | USCG Great Lakes District |
| Inland rivers area | USCG Heartland District |
| Indiana: | |
| Great Lakes area | USCG Great Lakes District |
| Inland rivers area | USCG Heartland District |
| Ohio: | |
| Great Lakes area | USCG Great Lakes District |
| Inland rivers area | USCG Heartland District |
| Region VI: | |
| New Mexico | USCG Heartland District |
| Texas | USCG Heartland District |
| Oklahoma | USCG Heartland District |
| Arkansas | USCG Heartland District |
| Louisiana | USCG Heartland District |
| Region VII: | |
| Nebraska | USCG Heartland District |
| Iowa | USCG Heartland District |
| Kansas | USCG Heartland District |
| Missouri | USCG Heartland District |
| Region VIII: | |
| Montana | USCG Northwest District |
| Wyoming | USCG Heartland District |
| Utah | USCG Southwest District |
| Colorado | USCG Heartland District |
| North Dakota | USCG Heartland District |
| South Dakota | USCG Heartland District |
| Region IX: | |
| California | USCG Southwest District |
| Nevada | USCG Southwest District |
| Arizona | USCG Southwest District |
| Hawaii | USCG Oceania District |
| Guam | USCG Oceania District |
| American Samoa | USCG Oceania District |
| Trust Territory of the Pacific Islands | USCG Oceania District |
| Northern Mariana Islands | USCG Oceania District |
| Region X: | |
| Washington | USCG Northwest District |
| Oregon | USCG Northwest District |
| Idaho | USCG Northwest District |
| Alaska | USCG Arctic District |
Amendment history: [CGD 84-067, 51 FR 17967, May 16, 1986, as amended by CGD 88-052, 53 FR 25121, July 1, 1988; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-1998-3799, 63 FR 35530, June 30, 1998; USCG-2000-7223, 65 FR 40057, June 29, 2000; USCG-2025-0716, 90 FR 47587, Oct. 2, 2025]
§ 153.301 Purpose.
The regulation, word for word — 33 CFR 153, § 153.301
The purpose of this subpart is to prescribe methods and procedures to be used to remove discharges of oil from coastal waters.
§ 153.303 Applicability.
The regulation, word for word — 33 CFR 153, § 153.303
The provisions of this subpart apply to any owner or operator of a vessel or onshore or offshore facility from which a discharge of oil into coastal waters occurs who acts to remove or arranges for the removal of such discharges.
§ 153.305 Methods and procedures for the removal of discharged oil.
The regulation, word for word — 33 CFR 153, § 153.305
Each person who removes or arranges for the removal of a discharge of oil from coastal waters shall:
(a) Use to the maximum extent possible mechanical methods and sorbents that:
(1) Most effectively expedite removal of the discharged oil; and
(2) Minimize secondary pollution from the removal operations;
Note:
The Federal OSC is authorized by the provisions of the National Contingency Plan to require or deny the use of specific mechanical methods and sorbents. Sorbent selection considerations of the OSC include hydrographic and meteorological conditions, characteristics of the sorbent, and availability of a mechanical method for containment and recovery.
(b) Control the source of discharge, prevent further discharges, and halt or slow the spread of the discharge by mechanical methods or sorbents or both to the maximum extent possible;
(c) Recover the discharged oil from the water or adjoining shorelines by mechanical or manual methods or both to the maximum extent possible;
(d) Use chemical agents only in accordance with the provisions of Subpart H of the National Contingency Plan and with the prior approval of the Federal OSC; and
(e) Dispose of recovered oil and oil contaminated materials in accordance with applicable State and local government procedures.
Amendment history: [CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended by CGD 84-067, 51 FR 17966, May 16, 1986]
§ 153.307 Penalties.
The regulation, word for word — 33 CFR 153, § 153.307
Any person who fails or refuses to comply with the provisions of this part, or to comply with an order issued by the Federal On-Scene Coordinator under 33 U.S.C. § 1321(c) or (e)(1)(B), is liable for a civil penalty per day of violation or an amount equal to three times the costs incurred by the Oil Spill Liability Trust Fund as a result of such failure.
Amendment history: [USCG-1998-3799, 63 FR 35531, June 30, 1998]
§ 184.702 Pollution prevention equipment and procedures.
The regulation, word for word — 46 CFR 184, § 184.702
A vessel must comply with the applicable design, equipment, personnel, procedures, and record requirements of 33 CFR parts 151, 155, and 156.
§ 184.704 Marine sanitation devices.
The regulation, word for word — 46 CFR 184, § 184.704
A vessel with installed toilet facilities must have a marine sanitation device that complies with 33 CFR part 159.
Flash cards
33 CFR 159, § 159.1 — Purpose. What does it provide?
This part prescribes regulations governing the design and construction of marine sanitation devices and procedures for certifying that marine sanitation devices meet the regulations and the standards of the Environmental Protection Agency promulgated under section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1322), to eliminate the discharge of untreated sewage from vessels into the waters of the United States, including the territorial seas. Subpart A of this part contains regulations governing the manufacture and operation of vessels equipped with marine sanitation devices.
33 CFR 159, § 159.1
33 CFR 159, § 159.3 — Definitions. What does it provide?
In this part:
Coast Guard means the Commandant or his authorized representative.
Discharge includes, but is not limited to, any spilling, leaking, pouring, pumping, emitting, emptying, or dumping.
Existing vessel includes any vessel, the construction of which was initiated before January 30, 1975.
Fecal coliform bacteria are those organisms associated with the intestine of warm-blooded animals that are commonly used to indicate the presence of fecal material and the potential presence of organisms capable of causing human disease.
Inspected vessel means any vessel that is required to be inspected under 46 CFR Ch. I.
Length means a straight line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline. Bow sprits, bumpkins, rudders, outboard motor brackets, and similar fittings or attachments are not to be included in the measurement.
Manufacturer means any person engaged in manufacturing, assembling, or importing of marine sanitation devices or of vessels subject to the standards and regulations promulgated under section 312 of the Federal Water Pollution Control Act.
Marine sanitation device and device includes any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage.
New vessel includes any vessel, the construction of which is initiated on or after January 30, 1975.
Person means an individual, partnership, firm, corporation, or association, but does not include an individual on board a public vessel.
Public vessel means a vessel owned or bare-boat chartered and operated by the United States, by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce.
Recognized facility means any laboratory or facility listed by the Coast Guard as a recognized facility under this part.
Sewage means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body waste.
Territorial seas means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of 3 miles.
Type I marine sanitation device means a device that, under the test conditions described in §§ 159.123 and 159.125, produces an effluent having a fecal coliform bacteria count not greater than 1,000 per 100 milliliters and no visible floating solids.
Type II marine sanitation device means a device that, under the test conditions described in §§ 159.126 and 159.126a, produces an effluent having a fecal coliform bacteria count not greater than 200 per 100 milliliters and suspended solids not greater than 150 milligrams per liter.
Type III marine sanitation device means a device that is designed to prevent the overboard discharge of treated or untreated sewage or any waste derived from sewage.
Uninspected vessel means any vessel that is not required to be inspected under 46 CFR Chapter I.
United States includes the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, and the Trust Territory of the Pacific Islands.
Vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the waters of the United States.
33 CFR 159, § 159.3
33 CFR 159, § 159.5 — Requirements for vessel manufacturers. What does it provide?
No manufacturer may manufacture for sale, sell, offer for sale, or distribute for sale or resale any vessel equipped with installed toilet facilities unless it is equipped with:
33 CFR 159, § 159.5
33 CFR 159, § 159.5(a) — Requirements for vessel manufacturers. What does it provide?
(a) An operable Type II or III device that has a label on it under § 159.16 or that is certified under § 159.12 or § 159.12a; or
33 CFR 159, § 159.5(a)
33 CFR 159, § 159.5(b) — Requirements for vessel manufacturers. What does it provide?
(b) An operable Type I device that has a label on it under § 159.16 or that is certified under § 159.12, if the vessel is 19.7 meters (65 feet) or less in length.
33 CFR 159, § 159.5(b)
33 CFR 159, § 159.7(a) — Requirements for vessel operators. What does it provide?
(a) No person may operate any vessel equipped with installed toilet facilities unless it is equipped with:
(1) An operable Type II or III device that has a label on it under § 159.16 or that is certified under § 159.12 or § 159.12a; or
(2) An operable Type I device that has a label on it under § 159.16 or that is certified under § 159.12, if the vessel is 19.7 meters (65 feet) or less in length.
33 CFR 159, § 159.7(a)
33 CFR 159, § 159.7(b) — Requirements for vessel operators. What does it provide?
(b) When operating a vessel on a body of water where the discharge of treated or untreated sewage is prohibited by the Environmental Protection Agency under 40 CFR 140.3 or 140.4, the operator must secure each Type I or Type II device in a manner which prevents discharge of treated or untreated sewage. Acceptable methods of securing the device include—
(1) Closing the seacock and removing the handle;
(2) Padlocking the seacock in the closed position;
(3) Using a non-releasable wire-tie to hold the seacock in the closed position; or
(4) Locking the door to the space enclosing the toilets with a padlock or door handle key lock.
33 CFR 159, § 159.7(b)
33 CFR 159, § 159.7(c) — Requirements for vessel operators. What does it provide?
(c) When operating a vessel on a body of water where the discharge of untreated sewage is prohibited by the Environmental Protection Agency under 40 CFR 140.3, the operator must secure each Type III device in a manner which prevents discharge of sewage. Acceptable methods of securing the device include—
(1) Closing each valve leading to an overboard discharge and removing the handle;
(2) Padlocking each valve leading to an overboard discharge in the closed position; or
(3) Using a non-releasable wire-tie to hold each valve leading to an overboard discharge in the closed position.
33 CFR 159, § 159.7(c)
33 CFR 159, § 159.15(a) — Certification. What does it provide?
(a) The recognized facility must evaluate the information that is submitted by the manufacturer in accordance with § 159.14(b) (1), (2), and (3), evaluate the device for compliance with §§ 159.53 through 159.95, test the device in accordance with § 159.101 and submit to the Commanding Officer (MSC), Attn: Marine Safety Center, U.S. Coast Guard Stop 7430, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7430 the following:
(1) The information that is required under § 159.14(b);
(2) A report on compliance evaluation;
(3) A description of each test;
(4) Test results; and
(5) A statement, that is signed by the person in charge of testing, that the test results are accurate and complete.
33 CFR 159, § 159.15(a)
33 CFR 159, § 159.15(b) — Certification. What does it provide?
(b) The Coast Guard certifies a test device, on the design of the device, if it determines, after consideration of the information that is required under paragraph (a) of this section, that the device meets the requirements in Subpart C of this part.
33 CFR 159, § 159.15(b)
33 CFR 159, § 159.15(c) — Certification. What does it provide?
(c) The Coast Guard notifies the manufacturer and recognized facility of its determination under paragraph (b) of this section. If the device is certified, the Coast Guard includes a certification number for the device. If certification is denied, the Coast Guard notifies the manufacturer and recognized facility of the requirements of this part that are not met. The manufacturer may appeal a denial to the Commanding Officer (MSC), Attn: Marine Safety Center, U.S. Coast Guard Stop 7430, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7430.
33 CFR 159, § 159.15(c)
33 CFR 159, § 159.15(d) — Certification. What does it provide?
(d) If upon re-examination of the test device, the Coast Guard determines that the device does not in fact comply with the requirements of Subpart C of this part, it may terminate the certification.
33 CFR 159, § 159.15(d)
33 CFR 159, § 159.16(a) — Authorization to label devices. What does it provide?
(a) When a test device is certified under § 159.15(b), the Coast Guard will issue a letter that authorizes the manufacturer to label each device that he manufactures with the manufacturer's certification that the device is in all material respects substantially the same as a test device certified by the U.S. Coast Guard pursuant to section 312 of the Federal Water Pollution Control Act Amendments of 1972.
33 CFR 159, § 159.16(a)
33 CFR 159, § 159.16(b) — Authorization to label devices. What does it provide?
(b) Certification placed on a device by its manufacturer under this section is the certification required by section 312(h)(4) of the Federal Water Pollution Control Act Amendments of 1972, which makes it unlawful for a vessel that is subject to the standards and regulations promulgated under the Act to operate on the navigable waters of the United States, if such vessel is not equipped with an operable marine sanitation device certified pursuant to section 312 of the Act.
33 CFR 159, § 159.16(b)
33 CFR 159, § 159.16(c) — Authorization to label devices. What does it provide?
(c) Letters of authorization issued under this section are valid for 5 years, unless sooner suspended, withdrawn, or terminated and may be reissued upon written request of the manufacturer to whom the letter was issued.
33 CFR 159, § 159.16(c)
33 CFR 159, § 159.16(d) — Authorization to label devices. What does it provide?
(d) The Coast Guard, in accordance with the procedure in 46 CFR 2.75, may suspend, withdraw, or terminate any letter of authorization issued under this section if the Coast Guard finds that the manufacturer is engaged in the manufacture of devices labeled under this part that are not in all material respects substantially the same as a test device certified pursuant to this part.
33 CFR 159, § 159.16(d)
33 CFR 159, § 159.55(a) — Identification. What does it provide?
(a) Each production device must be legibly marked in accordance with paragraph (b) of this section with the following information:
(1) The name of the manufacturer.
(2) The name and model number of the device.
(3) The month and year of completion of manufacture.
(4) Serial number.
(5) Whether the device is certified for use on an inspected or an uninspected vessel.
(6) Whether the device is Type I, II, or III.
33 CFR 159, § 159.55(a)
33 CFR 159, § 159.55(b) — Identification. What does it provide?
(b) The information required by paragraph (a) of this section must appear on a nameplate attached to the device or in lettering on the device. The nameplate or lettering stamped on the device must be capable of withstanding without loss of legibility the combined effects of normal wear and tear and exposure to water, salt spray, direct sunlight, heat, cold, and any substance listed in § 159.117(b) and (c). The nameplate and lettering must be designed to resist efforts to remove them from the device or efforts to alter the information stamped on the nameplate or the device without leaving some obvious evidence of the attempted removal or alteration.
33 CFR 159, § 159.55(b)
33 CFR 159, § 159.57(a) — Installation, operation, and maintenance instructions. What does it provide?
(a) The instructions supplied by the manufacturer must contain directions for each of the following:
(1) Installation of the device in a manner that will permit ready access to all parts of the device requiring routine service and that will provide any flue clearance necessary for fire safety.
(2) Safe operation and servicing of the device so that any discharge meets the applicable requirements of § 159.53.
(3) Cleaning, winter layup, and ash or sludge removal.
(4) Installation of a vent or flue pipe.
(5) The type and quantity of chemicals that are required to operate the device, including instructions on the proper handling, storage and use of these chemicals.
(6) Recommended methods of making required plumbing and electrical connections including fuel connections and supply circuit overcurrent protection.
33 CFR 159, § 159.57(a)
33 CFR 159, § 159.57(b) — Installation, operation, and maintenance instructions. What does it provide?
(b) The instructions supplied by the manufacturer must include the following information:
(1) The name of the manufacturer.
(2) The name and model number of the device.
(3) Whether the device is certified for use on an inspected, or uninspected vessel.
(4) A complete parts list.
(5) A schematic diagram showing the relative location of each part.
(6) A wiring diagram.
(7) A description of the service that may be performed by the user without coming into contact with sewage or chemicals.
(8) Average and peak capacity of the device for the flow rate, volume, or number of persons that the device is capable of serving and the period of time the device is rated to operate at peak capacity.
(9) The power requirements, including voltage and current.
(10) The type and quantity of fuel required.
(11) The duration of the operating cycle for unitized incinerating devices.
(12) The maximum angles of pitch and roll at which the device operates in accordance with the applicable requirements of § 159.53.
(13) Whether the device is designed to operate in salt, fresh, or brackish water.
(14) The maximum hydrostatic pressure at which a pressurized sewage retention tank meets the requirements of § 159.111.
(15) The maximum operating level of liquid retention components.
(16) Whether the device is Type I, II, or III.
(17) A statement as follows:
Note:
The EPA standards state that in freshwater lakes, freshwater reservoirs or other freshwater impoundments whose inlets or outlets are such as to prevent the ingress or egress by vessel traffic subject to this regulation, or in rivers not capable of navigation by interstate vessel traffic subject to this regulation, marine sanitation devices certified by the U.S. Coast Guard installed on all vessels shall be designed and operated to prevent the overboard discharge of sewage, treated or untreated, or of any waste derived from sewage. The EPA standards further state that this shall not be construed to prohibit the carriage of Coast Guard-certified flow-through treatment devices which have been secured so as to prevent such discharges. They also state that waters where a Coast Guard-certified marine sanitation device permitting discharge is allowed include coastal waters and estuaries, the Great Lakes and interconnected waterways, freshwater lakes and impoundments accessible through locks, and other flowing waters that are navigable interstate by vessels subject to this regulation (40 CFR 140.3).
33 CFR 159, § 159.57(b)
33 CFR 159, § 159.59 — Placard. What does it provide?
Each device must have a placard suitable for posting on which is printed the operating instructions, safety precautions, and warnings pertinent to the device. The size of the letters printed on the placard must be one-eighth of an inch or larger.
33 CFR 159, § 159.59
33 CFR 159, § 159.85 — Sewage removal. What does it provide?
The device must be designed for efficient removal of nearly all of the liquid and solids in the sewage retention tank.
33 CFR 159, § 159.85
33 CFR 159, § 159.87 — Removal fittings. What does it provide?
If sewage removal fittings or adapters are provided with the device, they must be of either 1 1/2 ″ or 4″ nominal pipe size.
33 CFR 159, § 159.87
33 CFR 159, § 159.95(a) — Safety. What does it provide?
(a) Each device must—
(1) Be free of design defects such as rough or sharp edges that may cause bodily injuries or that would allow toxic substances to escape to the interior of the vessel;
(2) Be vented or provided with a means to prevent an explosion or over pressurization as a result of an accumulation of gases; and
(3) Meet all other safety requirements of the regulations applicable to the type of vessel for which it is certified.
33 CFR 159, § 159.95(a)
33 CFR 159, § 159.95(b) — Safety. What does it provide?
(b) A chemical that is specified or provided by the manufacturer for use in the operation of a device and is defined as a hazardous material in 46 CFR part 146 must be certified by the procedures in 46 CFR part 147.
33 CFR 159, § 159.95(b)
33 CFR 159, § 159.95(c) — Safety. What does it provide?
(c) Current carrying components must be protected from accidental contact by personnel operating or routinely servicing the device. All current carrying components must as a minimum be of drip-proof construction or be enclosed within a drip-proof compartment.
33 CFR 159, § 159.95(c)
33 CFR 159, § 159.97 — Safety: inspected vessels. What does it provide?
The Commanding Officer, USCG Marine Safety Center, approves the design and construction of devices to be certified for installation and operation on board inspected vessels on the basis of tests and reports of inspection under the applicable marine engineering requirements in subchapter F of Title 46, Code of Federal Regulations, and under the applicable electrical engineering requirements in subchapter J of Title 46 Code of Federal Regulations.
33 CFR 159, § 159.97
33 CFR 153, § 153.101 — Purpose. What does it provide?
The purpose of this part is to prescribe regulations concerning notification to the Coast Guard of the discharge of oil or hazardous substances as required by the Federal Water Pollution Control Act, as amended (FWPCA); the procedures for the removal of a discharge of oil; and the costs that may be imposed or reimbursed for the removal of a discharge of oil or hazardous substances under the FWPCA.
33 CFR 153, § 153.101
33 CFR 153, § 153.103 — Definitions. What does it provide?
As used in this part:
33 CFR 153, § 153.103
33 CFR 153, § 153.103(a) — Definitions. What does it provide?
(a) Act means the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.).
33 CFR 153, § 153.103(a)
33 CFR 153, § 153.103(b) — Definitions. What does it provide?
(b) CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
33 CFR 153, § 153.103(b)
33 CFR 153, § 153.103(c) — Definitions. What does it provide?
(c) Chemical agents means those elements, compounds, or mixtures that coagulate, disperse, dissolve, emulsify, foam, neutralize, precipitate, reduce, solubilize, oxidize, concentrate, congeal, entrap, fix, make the pollutant mass more rigid or viscous, or otherwise facilitate the mitigation of deleterious effects or removal of the pollutant from the water. The term “chemical agents” as used in this part includes dispersants, surface collecting agents, biological additives, burning agents, and sinking agents as defined in Subpart H of the National Contingency Plan.
33 CFR 153, § 153.103(c)
33 CFR 153, § 153.103(d) — Definitions. What does it provide?
(d) Assistant Commandant for Marine Safety, Security and Environmental Protection means the Coast Guard Officer designated by the Commandant to assist and advise the Commandant on matters related to marine environmental response, port and environmental safety, and waterways management.
33 CFR 153, § 153.103(d)
33 CFR 153, § 153.103(e) — Definitions. What does it provide?
(e) Coastal waters means all U.S. waters subject to the tide, U.S. waters of the Great Lakes, specified ports and harbors on the inland rivers, waters of the contiguous zone, or other waters of the high seas subject to discharges in connection with activities under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.), or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)). These waters include those contained within the Exclusive Economic Zone declared by Presidential Proclamation 5030 on March 10, 1983 (43 FR 10605).
Note:
Coastal waters are those waters where the Coast Guard has the responsibility for providing On-Scene Coordinators under the National Contingency Plan. Specific dividing lines between coastal and inland waters, and the identification of specified ports and harbors on inland rivers, are contained in Regional Contingency Plans prepared pursuant to the National Contingency Plan.
33 CFR 153, § 153.103(e)
33 CFR 153, § 153.103(f) — Definitions. What does it provide?
(f) Contiguous zone means the entire zone established by the United States under Article 24 of the Convention on the Territorial Sea and the Contiguous Zone, as published in the June 1, 1972 issue of the Federal Register (37 FR 11906).
33 CFR 153, § 153.103(f)
33 CFR 153, § 153.103(g) — Definitions. What does it provide?
(g) Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping, but excludes (A) discharges in compliance with a permit under Section 402 of the Act, (B) discharges resulting from circumstances identified and reviewed and made part of the public record with respect to a permit issued or modified under Section 402 of the Act, and subject to a condition in such permit, and (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under section 402 of the Act, which are caused by events occurring within the scope of relevant operating or treatment systems.
33 CFR 153, § 153.103(g)
33 CFR 153, § 153.103(h) — Definitions. What does it provide?
(h) Hazardous substance means any substance designated by the Administrator of the Environmental Protection Agency pursuant to section 311(b)(2) of the Act.
(i) Inland waters means all other waters of the U.S. not included in the definition of coastal waters.
Note:
Inland waters are those waters where the Environmental Protection Agency has the responsibility for providing On-Scene Coordinators under the National Contingency Plan. Specific dividing lines between coastal and inland waters are contained in Regional Contingency Plans prepared pursuant to the National Contingency Plan.
33 CFR 153, § 153.103(h)
33 CFR 153, § 153.103(j) — Definitions. What does it provide?
(j) Mechanical removal means the use of pumps, skimmers, booms, earthmoving equipment, and other mechanical devices to contain the discharge of oil and to recover the discharge from the water or adjoining shorelines.
33 CFR 153, § 153.103(j)
33 CFR 153, § 153.103(k) — Definitions. What does it provide?
(k) Navigable waters means the waters of the United States as defined in paragraph 2.36(b) of this Chapter.
33 CFR 153, § 153.103(k)
33 CFR 153, § 153.103(l) — Definitions. What does it provide?
(l) Offshore facility means any facility of any kind located in, on, or under, any of the navigable waters of the United States, and any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters, other than a vessel or a public vessel.
33 CFR 153, § 153.103(l)
33 CFR 153, § 153.103(m) — Definitions. What does it provide?
(m) Oil means oil of any kind or in any form, including but not limited to petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.
33 CFR 153, § 153.103(m)
33 CFR 153, § 153.103(n) — Definitions. What does it provide?
(n) On-Scene Coordinator or OSC is the Federal official predesignated by the Environmental Protection Agency (EPA) or Coast Guard to coordinate and direct Federal removal efforts at the scene of an oil or hazardous substance discharge as prescribed in the National Oil and Hazardous Substances Pollution Contingency Plan (National Contingency Plan) as published in 40 CFR part 300.
33 CFR 153, § 153.103(n)
33 CFR 153, § 153.103(o) — Definitions. What does it provide?
(o) Onshore facility means any facility (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under, any land within the United States other than submerged land.
33 CFR 153, § 153.103(o)
33 CFR 153, § 153.103(p) — Definitions. What does it provide?
(p) Person includes an individual, firm, corporation, association, and a partnership.
33 CFR 153, § 153.103(p)
33 CFR 153, § 153.103(q) — Definitions. What does it provide?
(q) Pollution Fund and Fund means the revolving fund established in the Treasury under the authority in section 311(k) of the Act to carry out the provisions of section 311 (c), (d), (i), and (l) of the Act.
33 CFR 153, § 153.103(q)
33 CFR 153, § 153.103(r) — Definitions. What does it provide?
(r) Public vessel means a vessel owned or bare-boat chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce.
33 CFR 153, § 153.103(r)
33 CFR 153, § 153.103(s) — Definitions. What does it provide?
(s) Remove or Removal refers to removal of oil or hazardous substances from the waters and shorelines or the taking of such other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches.
33 CFR 153, § 153.103(s)
33 CFR 153, § 153.103(t) — Definitions. What does it provide?
(t) Sorbent means materials essentially inert and insoluble used to remove oil from water through a variety of sorption mechanisms. Examples include straw, expanded perlite, polyurethane foam, reclaimed paper fibers, and peat moss.
33 CFR 153, § 153.103(t)
33 CFR 153, § 153.103(u) — Definitions. What does it provide?
(u) Such quantities as may be harmful means those quantities of oil and any hazardous substances determined in accordance with the provisions of section 311(b)(4) of the Act.
Note:
Regulations that relate to such quantities as may be harmful of oil are published in 40 CFR part 110. Regulations that relate to such quantities as may be harmful (reportable quantities) of hazardous substances are published in 40 CFR part 117 and also listed in 40 CFR part 302.
(v) United States means the States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.
33 CFR 153, § 153.103(u)
33 CFR 153, § 153.103(w) — Definitions. What does it provide?
(w) Vessel means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel.
33 CFR 153, § 153.103(w)
33 CFR 153, § 153.105 — FWPCA delegations and redelegation. What does it provide?
The delegations and redelegations under the Federal Water Pollution Control Act (FWPCA) [33 U.S.C. 1321 et seq.] are published in § 1.01-80 and § 1.01-85, respectively, of this chapter.
33 CFR 153, § 153.105
33 CFR 153, § 153.109 — CERCLA delegations. What does it provide?
The delegations under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) are published in § 1.01-70 of this chapter.
33 CFR 153, § 153.109
33 CFR 153, § 153.201 — Purpose. What does it provide?
The purpose of this subpart is to prescribe the manner in which the notice required in section 311(b)(5) of the Act is to be given and to list the government officials to receive that notice.
33 CFR 153, § 153.201
33 CFR 153, § 153.203 — Procedure for the notice of discharge. What does it provide?
Any person in charge of a vessel or of an onshore or offshore facility shall, as soon as they have knowledge of any discharge of oil or a hazardous substance from such vessel or facility in violation of section 311(b)(3) of the Act, immediately notify the Commandant (CG-MER-3), Attn: Industry and Interagency Coordination Division, U.S. Coast Guard Stop 7516, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7516, toll free telephone number: 800-424-8802, direct telephone: 202-267-2675, or Fax: 202-267-1322. If direct reporting to the NRC is not practicable, reports may be made to the Coast Guard or EPA predesignated OSC for the geographic area where the discharge occurs. All such reports shall be promptly relayed to the NRC. If it is not possible to notify the NRC or the predesignated OSC immediately, reports may be made immediately to the nearest Coast Guard unit, provided that the person in charge of the vessel or onshore or offshore facility notifies the NRC as soon as possible. A report made under this section satisfies the reporting requirements of § 151.15 of this chapter and of 46 CFR 4.05-1, if required under that provision.
Note:
Geographical jurisdiction of Coast Guard and EPA OSC's are specified in the applicable Regional Contingency Plan. Regional Contingency Plans are available at Coast Guard District Offices and EPA Regional Offices as indicated in Table 2. Addresses and telephone numbers for these offices are listed in Table 1.
33 CFR 153, § 153.203
33 CFR 153, § 153.205 — Fines. What does it provide?
Section 311(b)(5) of the Act prescribes that any person who fails to notify the appropriate agency of the United States Government immediately of a discharge is, upon conviction, fined in accordance with Title 18, U.S. Code, or imprisoned for not more than 5 years, or both.
| Address | Telephone | |
|---|---|---|
| EPA Regional Offices | ||
| Region: | ||
| 1 | 1 Congress St., Suite 1100, Boston, MA 02114-2023 | 617-918-1111 |
| 2 | 290 Broadway, New York, NY 10007-1866 | 212-637-3000 |
| 3 | 1650 Arch St., Philadelphia, PA 19103-2029 | 215-814-5000 |
| 4 | Atlanta Federal Center, 61 Forsyth St., SW, Atlanta, GA 30303-3104 | 404-562-9900 |
| 5 | 77 West Jackson Boulevard, Chicago, IL 60604-3507 | 312-353-2000 |
| 6 | Fountain Place 12th Floor, Suite 1200, 1445 Ross Avenue, Dallas, TX 75202-2733 | 214-665-2200 |
| 7 | 901 North 5th St., Kansas City, KS 66101 | 913-551-7003 |
| 8 | 999 18th St., Suite 500, Denver, CO 80202-2466 | 303-312-6312 |
| 9 | 75 Hawthorne St., San Francisco, CA 94105 | 415-744-1305 |
| 10 | 1200 Sixth Avenue, Seattle, WA 98101 | 206-553-1200 |
| Coast Guard District Offices | ||
| District: | ||
| USCG Northeast District | 408 Atlantic Avenue, Boston, MA 02210-3350 | 617-223-8480 |
| USCG East District | Federal Building, 431 Crawford St., Portsmouth, VA 23704-5004 | 757-398-6638 |
| USCG Southeast District | 909 S.E. First Avenue, Miami, FL 33131-3050 | 305-536-5651 |
| USCG Heartland District | Hale Boggs Federal Bldg., 500 Camp Street, New Orleans, LA 70130-3396 | 504-589-6901 |
| USCG Great Lakes District | 1240 E. 9th St., Cleveland, OH 44199-2060 | 216-902-6045 |
| USCG Southwest District | Coast Guard Island, Building 50-6, Alameda, CA 94501-5100 | 510-437-2940 |
| USCG Northwest District | Jackson Federal Bldg., 915 Second Avenue, Seattle, WA 98174-1067 | 206-220-7090 |
| USCG Oceania District | Prince PJKK Federal Bldg., Room 9212, 300 Ala Moana Blvd., Honolulu, HI 96850-4982 | 808-541-2114 |
| USCG Arctic District | P.O. Box 25517, Juneau, AK 99802-5517 | 907-463-2199 |
| States and EPA region | Coast Guard district |
|---|---|
| Region I: | |
| Maine | USCG Northeast District |
| New Hampshire | USCG Northeast District |
| Vermont: | |
| All except Northwestern portion | USCG Northeast District |
| Northwestern portion | USCG Northeast District |
| Massachusetts | USCG Northeast District |
| Connecticut | USCG Northeast District |
| Rhode Island | USCG Northeast District |
| Region II: | |
| New York: | |
| Coastal area and Eastern portion | USCG Northeast District |
| Great Lakes area and other portions | USCG Great Lakes District |
| New Jersey: | |
| Upper portion | USCG Northeast District |
| Lower portion | USCG East District |
| Puerto Rico | USCG Southeast District |
| Virgin Islands | USCG Southeast District |
| Region III: | |
| Pennsylvania: | |
| Eastern portion | USCG East District |
| Great Lakes area | USCG Great Lakes District |
| Southwestern portion | USCG Heartland District |
| Maryland | USCG East District |
| Delaware | USCG East District |
| West Virginia | USCG Heartland District |
| Virginia | USCG East District |
| District of Columbia | USCG East District |
| Region IV: | |
| Kentucky | USCG Heartland District |
| Tennessee | USCG Heartland District |
| North Carolina | USCG East District |
| South Carolina | USCG Southeast District |
| Georgia | USCG Southeast District |
| Florida: | |
| Atlantic and Gulf coasts | USCG Southeast District |
| Panhandle area | USCG Heartland District |
| Alabama | USCG Heartland District |
| Mississippi | USCG Heartland District |
| Region V: | |
| Minnesota: | |
| Great Lakes area | USCG Great Lakes District |
| Inland rivers area | USCG Heartland District |
| Wisconsin: | |
| Great Lakes area | USCG Great Lakes District |
| Inland rivers area | USCG Heartland District |
| Michigan | USCG Great Lakes District |
| Illinois: | |
| Great Lakes area | USCG Great Lakes District |
| Inland rivers area | USCG Heartland District |
| Indiana: | |
| Great Lakes area | USCG Great Lakes District |
| Inland rivers area | USCG Heartland District |
| Ohio: | |
| Great Lakes area | USCG Great Lakes District |
| Inland rivers area | USCG Heartland District |
| Region VI: | |
| New Mexico | USCG Heartland District |
| Texas | USCG Heartland District |
| Oklahoma | USCG Heartland District |
| Arkansas | USCG Heartland District |
| Louisiana | USCG Heartland District |
| Region VII: | |
| Nebraska | USCG Heartland District |
| Iowa | USCG Heartland District |
| Kansas | USCG Heartland District |
| Missouri | USCG Heartland District |
| Region VIII: | |
| Montana | USCG Northwest District |
| Wyoming | USCG Heartland District |
| Utah | USCG Southwest District |
| Colorado | USCG Heartland District |
| North Dakota | USCG Heartland District |
| South Dakota | USCG Heartland District |
| Region IX: | |
| California | USCG Southwest District |
| Nevada | USCG Southwest District |
| Arizona | USCG Southwest District |
| Hawaii | USCG Oceania District |
| Guam | USCG Oceania District |
| American Samoa | USCG Oceania District |
| Trust Territory of the Pacific Islands | USCG Oceania District |
| Northern Mariana Islands | USCG Oceania District |
| Region X: | |
| Washington | USCG Northwest District |
| Oregon | USCG Northwest District |
| Idaho | USCG Northwest District |
| Alaska | USCG Arctic District |
33 CFR 153, § 153.205
33 CFR 153, § 153.301 — Purpose. What does it provide?
The purpose of this subpart is to prescribe methods and procedures to be used to remove discharges of oil from coastal waters.
33 CFR 153, § 153.301
33 CFR 153, § 153.303 — Applicability. What does it provide?
The provisions of this subpart apply to any owner or operator of a vessel or onshore or offshore facility from which a discharge of oil into coastal waters occurs who acts to remove or arranges for the removal of such discharges.
33 CFR 153, § 153.303
33 CFR 153, § 153.305 — Methods and procedures for the removal of discharged oil. What does it provide?
Each person who removes or arranges for the removal of a discharge of oil from coastal waters shall:
33 CFR 153, § 153.305
33 CFR 153, § 153.305(a) — Methods and procedures for the removal of discharged oil. What does it provide?
(a) Use to the maximum extent possible mechanical methods and sorbents that:
(1) Most effectively expedite removal of the discharged oil; and
(2) Minimize secondary pollution from the removal operations;
Note:
The Federal OSC is authorized by the provisions of the National Contingency Plan to require or deny the use of specific mechanical methods and sorbents. Sorbent selection considerations of the OSC include hydrographic and meteorological conditions, characteristics of the sorbent, and availability of a mechanical method for containment and recovery.
33 CFR 153, § 153.305(a)
33 CFR 153, § 153.305(b) — Methods and procedures for the removal of discharged oil. What does it provide?
(b) Control the source of discharge, prevent further discharges, and halt or slow the spread of the discharge by mechanical methods or sorbents or both to the maximum extent possible;
33 CFR 153, § 153.305(b)
33 CFR 153, § 153.305(c) — Methods and procedures for the removal of discharged oil. What does it provide?
(c) Recover the discharged oil from the water or adjoining shorelines by mechanical or manual methods or both to the maximum extent possible;
33 CFR 153, § 153.305(c)
33 CFR 153, § 153.305(d) — Methods and procedures for the removal of discharged oil. What does it provide?
(d) Use chemical agents only in accordance with the provisions of Subpart H of the National Contingency Plan and with the prior approval of the Federal OSC; and
33 CFR 153, § 153.305(d)
33 CFR 153, § 153.305(e) — Methods and procedures for the removal of discharged oil. What does it provide?
(e) Dispose of recovered oil and oil contaminated materials in accordance with applicable State and local government procedures.
33 CFR 153, § 153.305(e)
33 CFR 153, § 153.307 — Penalties. What does it provide?
Any person who fails or refuses to comply with the provisions of this part, or to comply with an order issued by the Federal On-Scene Coordinator under 33 U.S.C. § 1321(c) or (e)(1)(B), is liable for a civil penalty per day of violation or an amount equal to three times the costs incurred by the Oil Spill Liability Trust Fund as a result of such failure.
33 CFR 153, § 153.307
46 CFR 184, § 184.702 — Pollution prevention equipment and procedures. What does it provide?
A vessel must comply with the applicable design, equipment, personnel, procedures, and record requirements of 33 CFR parts 151, 155, and 156.
46 CFR 184, § 184.702
46 CFR 184, § 184.704 — Marine sanitation devices. What does it provide?
A vessel with installed toilet facilities must have a marine sanitation device that complies with 33 CFR part 159.
46 CFR 184, § 184.704
Practice questions
Which method requires prior approval to be used when cleaning up an oil spill?
- Sorbent booms
- Suction equipment
- Chemical agents
- Skimmers
Study the material on Pollution Prevention and Sanitation →
Real examination question — Q170, Q170 #40
The Federal Water Pollution Control Act requires the person in charge of a vessel to immediately notify the Coast Guard as soon as he knows of any oil discharge. Failure to notify the Coast Guard can lead to a monetary fine and imprisonment up to what duration?
- 5 years
- 3 years
- 2 years
- 1 years
Study the material on Pollution Prevention and Sanitation →
Real examination question — Q170, Q170 #41
Where this comes from
- 33 CFR 153 — Control of Pollution by Oil and Hazardous Substances — 33 CFR 153, current. Read the original.
- 33 CFR 159 — Marine Sanitation Devices — 33 CFR 159, current. Read the original.
- 46 CFR 184 — Vessel Control and Miscellaneous Systems and Equipment — 46 CFR 184, current. Read the original.
Study aid only — it certifies nothing. Text shown as quoted is reproduced word for word from the document named beside it; anything marked as our explanation is ours and does not bind anyone. Where the two differ, the source document governs.