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7 + f � f rT f 1k+.^� 1 .- < *..M7 7 - ) § 110.2 40 CFR Ch. 1 (7-1-93 Edition) Environmental Protection Agency §110.10 or under any other waters, other than §110.2 Applicability. or adjoining shorelines or cause a §110.7 Exception for vessel engines. a vessel or a public vessel; The regulations of this part apply to sludge h femulsion toce of the e deposited water or upon on For purposes of section 311(b) of the Oil, when used in relation to section the discharge of oil prohibited by sec- Heath the suraAct, discharges of oil from a properly 311 of the Act, means oil of any kind or tion 311(b)(3) of the Act. This includes adjoining shorelines. functioning vessel engine are not in any form, including, but not limited certain discharges into or upon the4110.6 Discharge beyond contiguous deemed to be harmful, but discharges to, petroleum, fuel oil, sludge, oil navigable waters of the United States zone of such quantities as may be of such oil accumulated in a vessel's refuse, and oil mixed with wastes other or adjoining shorelines or into or upon harmful. bilges shall not be so exempt. than dredged spoil. Oil, when used in the waters of the contiguous zone, or in For purposes of section 311(b) of the relation to section 18(m)(3)of the Deep- connection with activities under the §110.8 Dispersants. water Port Act of 1974,has the meaning Outer Continental Shelf Lands Act or Act, discharges of oil into or upon wa- Addition of dispersants or emulsifiers tens seaward of the contiguous zone in to oil to be discharged that would cir- provided in section 3(14) of the Deep- the Deepwater Port Act of 1979, or that connection with activities under the water Part Act of 1974; may affect natural resources belonging cumvent the provisions of this part is Onshore facility means any facility to, appertaining to, or under the exclu- Outer Continental Shelf Lands Act or prohibited. (including, but not limited ta, motor sive management authority of the the Deepwater Port Act of 1974, or that vehicles and rolling limit) of any kind United States (including resources may affect natural resources belonging §110.9 Demonstration projects. located in, on, or under any land with- under the Magnuson Fishery Conserva- to, appertaining to, or under the exclu- Notwithstanding any other provi- in the United States, other than sub- tion and Management Act).The regula- sive management authority of the United States (including resources sions of this part, the AdministrP`,=� merged land; tions of this part also define the term may permit the discharge of oil, u Person includes an individual, firm, "Discharge" for purposes of section under the Magnuson Fishery Conserva- tion 311 of the Act, in conne 18(m)(3) of the Deepwater Port Act of tion and Management Act) in such secct,rn corporation, association, and a part- 1974, as provided under 1110.11 of this quantities that it has been determined with research, demonstration projects, nership; part. may be harmful to the public health or or studies relating to the prevention, Public vessel means a vessel owned or welfare of the United States, except as control, or abatement of oil pollution. bareboat chartered and operated by the §110.3 Discharge into navigable wa- provided in§110.7, include discharges of United States, or by a State or politi- ters of such quantities as may be oil that: §110.10 Notice. cal subdivision thereof, or by a foreign harmful. (a) Violate applicable water quality Any person in charge of a vessel or of nation, except when such vessel is en- For purposes of section 311(b) of the standards, or an onshore or offshore facility shall, as gaged in commerce; Act, discharges of oil into or upon the (b) Cause a film or sheen upon or dis- soon as he or she has knowledge of any Sheen means an iridescent appear- navigable waters of the United States coloration of the surface of the water discharge of oil from such vessel or fa- ance on the surface of water', or adjoining shorelines in such quan- or adjoining shorelines or cause a cility in violation of §110.6, imme- Sludge means an aggregate of oil or tities that it has been determined may sludge or emulsion to be deposited be- diately notify the National Response oil and other matter of any kind in any be harmful to the public health or wel- neath the surface of the water or upon Center (NRC) (800-424-8802; in the form other than dredged spoil having a fare of the United States, except as adjoining shorelines. Washington, DC metropolitan area, combined specific gravity equivalent to provided in J110.7 of this part, include 426-2675)- If direct reporting to the NERC or greater than water; discharges of oil that: §110.9 Discharge prohibited. is not practicable,reports may be made a Violate applicable water quality to the Coast Guard or EPA United States means the States, the andards,or As provided in section 311(b)(3) of the District of Columbia, the Common- st(b)Cause a predesignated On-Scene Coordinator film or sheen upon or dis- wealth of Puerto Rico, Guam, Amer- Act, no person shall discharge or cause (OSC) for the geographic area where Jean Samoa, the Virgin Islands,and the coloration of the surface of the water or permit to be discharged into or upon the discharge occurs. All such reports Trust Territory of the Pacific Islands; or adjoining shorelines or cause a the navigable waters of the United shall be promptly relayed to the NRC. Vessel means every Pacific descrelan of sludge or emulsion to be deposited be- States or adjoining shorelines or into If it is not possible to notify the watercraft or other artificial tioncontof neath the surface of the water or upon or upon the waters of the contiguous or the predesignated OCS lmmedi& adjoining shorelines. zone or into or upon waters seaward of reports may be made immediately to ante used, or capable of being used, as the nearest Coast Guard unit, provided a means of transportation on water §110.4 Discharge into contiguous zone the contiguous zone connection with other than a public vessel;and of such quantities as may be harm- activities under the Outer Continental that the person charge of the vessel Wetlands means those areas that are ful. Shelf Lands Act or the Deepwater Port or onshore or offshore facility notifies re- inundated or saturated by surface or For purposes of section 311(b) of the Act of 1974, that may affect natural the NRC as soon as possible. The ground water at a frequency or dura- Act, discharges of oil into or upon the resources belonging v appertaining ports shall be made in accordance with th tion sufficient to support, and that waters of the contiguous zone in such to, or under the exclusive management such procedures as the Secretary of uauthority of the United States (in Transportation may prescribe.The pro- under normal circumstances do sup- quantities that it has been determined ing resources under the Magnuson cedures for such notice are set forth in port, a prevalence of vegetation typi- may be harmful to the public health or Fishery Conservation and Management U.S. Coast Guard regulations, 33 CFR tally adapted for life in saturated soil welfare of the United States, except as Act) any oil in such quantities as may part 153, subpart B and in the National conditions. Wetlands generally include provided in§110.7,include discharges of playa lakes, swamps, marshes, bags oil that: be harmful as determined in §§110.3. Oil and hazardous Substances Pollu- and similar areas such as sloughs,prat- (a) Violate applicable water quality 110.9, and 110.5, except as the same may tion Contingency Plan,40 CFR part 300, ws rairie standards,or be permitted in the contiguous zone subpart E. (Approved by the Office of riv potholes, wet meadows, p n upon or dis- and seaward under MARPOL 73/28, Management and Budget under the film or shee p 1 b Cause a f overflows, mudflats, and nature O FR 151.09. control number 2050-0046) river o surface of the water Annex I, as provided in 33 C ponds. coloration of the 16 17