Or. Admin. Code § 340-143-0005 - Definitions

(1) Definitions defined under statute: This division uses the definitions for the following terms provided in ORS 783.625:

(a) "Ballast water";

(b) "Cargo vessel";

(c) "Empty ballast tank":

(d) "Oil";

(e) "Open sea exchange";

(f) "Passenger vessel";

(g) "Sediment";

(h) "Ship";

(i) "Tank vessel";

(j) "Vessel";

(k) "Voyage"; and

(l) "Waters of the State".

(2) Definitions defined by administrative rule: This division uses the following terms as defined in this rule:

(a) "Coastal Ocean Exchange" means the exchange of ballast water in an area no less than 50 nautical miles from any shore and where the water depth exceeds 200 meters.

(b) "Common Waters Zone" means the Pacific Coast of North America between 40 and 50 degrees north latitude.

(c) "DEQ" means the Oregon Department of Environmental Quality.

(d) "Exchange" means to replace the water in a ballast tank using either flow-through exchange, empty/refill exchange, or other exchange methods described under U.S. Coast Guard rules, 33 CFR, part 151.2005.

(e) "Exclusive Economic Zone" extends from the baseline of the U.S. territorial sea seaward 200 nautical miles.

(f) "High-risk Ballast Water" means unexchanged or untreated ballast water obtained from a coastal area outside the common waters zone identified in this rule.

(g) "Internal Waters of the State" means those waters of this state that do not have shared jurisdiction with an adjacent state.

(h) "Nonindigenous Species" means any species or other viable biological material entering an ecosystem beyond its natural range. This also includes seeds, eggs, spores and other biological material entering an ecosystem beyond its natural range.

(i) "Pacific Coast Region" means all coastal waters on the Pacific Coast of North America east of 154 degrees W longitude and north of 20 degrees N latitude, inclusive of the Gulf of California.

(j) "Port" means any place to which a vessel is bound to anchor or moor.

(k) "Saltwater flush" means to pump coastal ocean or open sea water, depending upon last ballast source location, into an empty ballast tank in a volume sufficient to ensure that after discharging the ballast water, the remaining residual ballast water and sediment has a salinity greater than or equal to 30 parts per thousand.

(l) "Territorial Sea of the United States" means the waters extending three nautical miles seaward from the coastline in conformance with federal law.

Notes

Or. Admin. Code § 340-143-0005

DEQ 17-2002, f. 11-1-02, cert. ef. 12-1-02; DEQ 4-2011, f. & cert. ef. 3-17-11; DEQ 4-2017, f. 1-19-17, cert. ef. 3/1/2017; DEQ 20-2023, amend filed 11/20/2023, effective 12/1/2023

Statutory/Other Authority: ORS 468.020 & 783.620 - 783.640

Statutes/Other Implemented: ORS 783.620 - 783.640