Oregon Statutes - Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water - Section 783.635 - Discharge of ballast water prohibited; exemption.

(1) Except as authorized by this section, the discharge of ballast water in the waters of this state is prohibited.

(2) An owner or operator of a vessel may discharge ballast water in the waters of this state:

(a) If the owner or operator has conducted a complete open sea or coastal exchange of ballast water prior to entering the waters of this state. The open sea or coastal exchange must be performed using either of the following methods:

(A) Flow-through exchange. A flow-through exchange occurs when an amount of ocean water equal to or exceeding three times the capacity of the vesselís ballast water tank is pumped into an opening in the ballast water tank while the existing ballast water is discharged through another opening.

(B) An empty and refill exchange. An empty and refill exchange occurs when a ballast water tank is pumped empty to the point that the pump loses suction and then is refilled with ocean water.

(b) Without performing an open sea exchange or a coastal exchange of ballast water if:

(A)(i) The owner or operator reasonably believes that an exchange would threaten the safety of the vessel; or

(ii) The exchange is not feasible due to vessel design limitations or equipment failure; and

(B) The vessel discharges only the amount of ballast water that is operationally necessary.

(3) An owner or operator who discharges ballast water in the waters of this state under subsection (2)(b) of this section is subject to the reporting requirements under ORS 783.640. [2001 c.722 §3; 2005 c.62 §3]

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Last modified: August 7, 2008