[Code of Federal Regulations] [Title 33, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 33CFR158.120] [Page 509-512] TITLE 33--NAVIGATION AND NAVIGABLE WATERS CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) PART 158--RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE--Table of Contents Subpart A--General Sec. 158.120 Definitions. As used in this part: Bunker oil means oil loaded into bunker tanks for use as fuel. Captain of the Port (COTP) means the Coast Guard officer commanding a Captain of the Port Zone described in Part 3 of this chapter. Certificate of Adequacy means a document issued by the Coast Guard or other authorized agency that certifies a port or terminal meets the requirements of this part with respect to reception facilities required under the Act and MARPOL 73/78, and has Form A, Form B, or Form C attached. Clean ballast has the same meaning as in Sec. 157.03(e) of this chapter. Commandant means Commandant, U.S. Coast Guard. [[Page 510]] Commercial fishing facility means docks, piers, processing houses, or other facilities which receive commercial fishery products from ships. Daily vessel average means the total number of oceangoing tankers, or any other oceangoing ships of 400 gross tons or more, carrying residues and mixtures containing oil, serviced over a typical continuous 12 month period, divided by 365. Form A means the application for a reception facility Certificate of Adequacy for oil, Coast Guard form USCG-CG-5401A (9-85). Form B means the application for a reception facility Certificate of Adequacy for NLS, Coast Guard form USCG-CG-5401B(2-87). Form C means the application for a Certificate of Adequacy for a Reception Facility for Garbage, Coast Guard form USCG-CG-5401C. ``Garbage'' means all kinds of victual, domestic, and operational waste, excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically, except dishwater, graywater, and those substances that are defined or listed in other annexes to MARPOL 73/78. ``Harmful substance'' means any substance which, if introduced into the sea, is liable to create hazards to human health, harm living resources and marine life, damage amenities or interfere with other legitimate uses of the sea, and includes any substance subject to control by MARPOL 73/78. High viscosity NLS includes Category A NLSs having a viscosity of at least 25 mPa.s at 20 C and of at least 25 mPa.s at the time they are unloaded, high viscosity Category B NLSs, and high viscosity Category C NLSs. High viscosity Category B NLS means any Category B NLS having a viscosity of at least 25 mPa.s at 20 C and at least 25 mPa.s at the time it is unloaded. High viscosity Category C NLS means any Category C NLS having a viscosity of at least 60 mPa.s at 20 C and at least 60 mPa.s at the time it is unloaded. MARPOL 73/78 means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating to that Convention. A copy of MARPOL 73/78 is available from the International Maritime Organization, 4 Albert Embankment, London, SE1 7SR, England. Medical waste means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes and potentially contaminated laboratory wastes, dialysis wastes, and such additional medical items as prescribed by the Administrator of the EPA by regulation. ``Mineral and oil industry shorebase'' means a place or onshore structure or facility which is a base of operations for ships serving the mineral and oil industry. Noxious liquid substance (NLS) means-- (1) Each substance listed in Sec. 151.47 or Sec. 151.49 of this chapter; (2) Each substance having an ``A'', ``B'', ``C'', or ``D'' beside it's name in the column headed ``Pollution Category'' in Table 1 of 46 CFR Part 153; and (3) Each substance that is identified as an NLS in a written permission issued under 46 CFR 153.900(d). Oceangoing ship means a ship that-- (1) Is operated under the authority of the United States and engages in international voyages; (2) Is operated under the authority of the United States and is certificated for ocean service; (3) Is operated under the authority of the United States and is certificated for coastwise service beyond three miles from land; (4) Is operated under the authority of the United States and operates at any time seaward of the outermost boundary of the territorial sea of the United States as defined in Sec. 2.05 of this chapter; or (5) Is operated under the authority of a country other than the United States. Note: A Canadian or U.S. ship being operated exclusively on the Great Lakes of North America or their connecting and tributary waters, or exclusively on the internal waters of the United States and Canada, is not an ``oceangoing ship.'' Oil means petroleum whether in solid, semi-solid, emulsified, or liquid form, including but not limited to, crude oil, fuel oil, sludge, oil refuse, oil [[Page 511]] residue, and refined products, and, without limiting the generality of the foregoing, includes the substances listed in Appendix I of Annex I of MARPOL 73/78. ``Oil'' does not include animal and vegetable based oil or noxious liquid substances (NLS) designated under Annex II of MARPOL 73/78. Oil cargo residue means any residue of oil cargo whether in solid, semi-solid, emulsified, or liquid form from cargo tanks and cargo pump room bilges, including but not limited to, drainages, leakages, exhausted oil, muck, clingage, sludge, bottoms, paraffin (wax), and any constituent component of oil. The term ``oil cargo residue'' is also known as ``cargo oil residue.'' Oil residue means-- (1) Oil cargo residue; and (2) Other residue of oil resulting from drainages, leakages, exhausted oil, and other similar occurrences from machinery spaces. Oily mixture means a mixture, in any form, with any oil content. ``Oily mixture'' includes, but is not limited to-- (1) Slops from bilges; (2) Slops from oil cargoes (such as cargo tank washings, oily waste, and oily refuse); (3) Oil residue; and (4) Oily ballast water from cargo or fuel oil tanks. Person has the same meaning as in Sec. 151.05(n) of this chapter. Person in charge means an owner, operator, or a person authorized to act on behalf of a port or terminal. Note: The ``person in charge'' under this part is not necessarily the same person as the ``person in charge'' referred to in Parts 151, 154, 155, and 156 of this chapter (as defined in Sec. 154.105 of this chapter.) Prewash means a tank washing operation that meets the procedure in 46 CFR 153.1120. Port means-- (1) A group of terminals that combines to act as a unit and be considered a port for the purposes of this part; (2) A port authority or other organization that chooses to be considered a port for the purposes of this part; or (3) A place or facility that has been specifically designated as a port by the COTP. Reception facility means anything capable of receiving shipboard oily mixtures or NLS residue, or receiving garbage, including, but not limited to-- (1) Fixed piping that conveys residues and mixtures from the ship to a storage or treatment system; (2) Tank barges, railroad cars, tank trucks, or other mobile facilities; (3) Containers or other receptacles that are used as temporary storage for garbage; or (4) Any combination of fixed and mobile facilities. ``Recreational boating facility'' means a facility that is capable of providing wharfage or other services for 10 or more recreational vessels. It includes, but is not limited to, marinas, boatyards, and yacht clubs, but does not include a place or facility containing only an unattended launching ramp. Regulated NLS cargo includes each Category A or high viscosity or solidifying Category B or C NLS cargo listed in Table 1 of 46 CFR Part 153 that contains a reference to Sec. 153.908(a) or Sec. 153.908(b) in the ``Special Requirements'' column of that table and is unloaded at the port or terminal within a typical continuous 12 month period either before or after application is made for a Certificate of Adequacy. Residues and mixtures containing NLSs (NLS residue) means-- (1) Any Category A, B, C, or D NLS cargo retained on the ship because it fails to meet consignee specifications; (2) Any part of a Category A, B, C or D NLS cargo remaining on the ship after the NLS is discharged to the consignee, including but not limited to puddles on the tank bottom and in sumps, clingage in the tanks, and substance remaining in the pipes; or (3) Any material contaminated with Category A, B, C, or D NLS cargo, including but not limited to bilge slops, ballast, hose drip pan contents, and tank wash water. Segregated ballast has the same meaning as contained in Sec. 157.03(r) of this chapter. Ship means a vessel of any type whatsoever, operating in the marine environment. This includes hydrofoils, air cushion vehicles, submersibles, floating craft whether self-propelled or not, and fixed or floating drilling rigs or other platforms. [[Page 512]] Solidifying NLS means a Category A, B, or C NLS that has a melting point-- (1) Greater than 0 C but less than 15 C and a temperature, measured under the procedure in 46 CFR 153.908(d), that is less than 5 C above its melting point at the time it is unloaded; or (2) 15 C or greater and has a temperature, measured under the procedure in 46 CFR 153.908(d), that is less than 10 C above its melting point at the time it is unloaded. Tank barge has the same meaning as contained in 46 CFR 30.10-65. Tanker means a ship constructed or adapted primarily to carry oil in bulk in the cargo spaces. Terminal means an onshore facility or an offshore structure located in the navigable waters of the United States or subject to the jurisdiction of the United States and used, or intended to be used, as a port or facility for the transfer or other handling of a harmful substance. Note: The Coast Guard interprets commercial fishing facilities, recreational boating facilities, and mineral and oil industry shorebases to be terminals for the purposes of Annex V of MARPOL 73/78, since these facilities normally provide wharfage and other services, including garbage handling, for ships. ``The Act'' means the Act to Prevent Pollution from Ships, as amended, (33 U.S.C. 1901-1911). The Act means the Act to Prevent Pollution from Ships (94 Stat. 2297, 33 U.S.C. 1901 et seq). [CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 88-002, 54 FR 18407, Apr. 28, 1989; USCG-2000-7641, 66 FR 55574, Nov. 2, 2001]