CONGRESSIONAL RECORD -- SENATE
October 11, 1967
Page 28542
CONTROL OF WATER POLLUTION FROM VESSELS
Mr. MUSKIE. Mr. President, the Clean Water Restoration Act of 1966 directed the Secretary of the Interior, in consultation with other concerned Federal agencies, to conduct an investigation of the extent of pollution of navigable waters of the United States from water craft wastes, methods of controlling pollution from that source, and to report to the Congress with his recommendations for any necessary legislation.
The Secretary's report, entitled "Wastes From Water craft," is a cogent statement of the problem and of the measures required to cope with it, and has been printed as a Senate document (S. Doc. No. 48, 90th Cong., first sess.).
The report points to a widespread problem. Water craft frequent all the Nation's navigable waters and, at any point along their path as well as wherever they anchor, they cause pollution. The problem is as varied as the products, technologies and water craft of our times; for example, nuclear-powered ships and submarines, large tanker and cargo vessels, with such cargoes as chlorine gas, oil, organic chemicals, and pesticides small sailboats, yachts, naval vessels motorboats, and the floating cannery operations of commercial fishing vessels.
The problem is new in the sense that water craft, particularly pleasure craft, have increased sharply in numbers as a result of our affluent society and hence in their contribution to the total pollution problem. This factor is compounded by a mounting public concern about pollution of the Nation's waters by boats and ships of all kinds.
The nature of the water craft pollution problem is such that it, like motor vehicle pollution, must be handled on a national basis. The report makes specific recommendations for the control of pollution from vessels caused by sewage, ballast and bilge water, and litter and other related substances. It urges that prohibitions against polluting discharges apply not only to navigable waters of the United States but to the waters of the Contiguous Zone, the 9-mile zone beyond the territorial sea established by the Convention on the Territorial Sea and the Contiguous Zone.
I introduce for appropriate reference a bill, transmitted in draft by the Secretary of the Interior, to implement the recommendations of his report. I ask unanimous consent that the Secretary's transmittal letter and the text of the bill be printed in the RECORD at the conclusion of my remarks.
The bill would add two new sections to the Federal Water Pollution Control Act, one on control of vessel pollution of navigable waters, the second on control of vessel pollution of waters of the contiguous zone.
In essence, the bill would:
First, direct the Secretary of the Interior, first, to issue regulations having reasonable compliance schedules which govern sewage discharges from any vessel or class of vessels into navigable waters; second, to issue regulations governing discharge of ballast and bilge water from commercial vessels into navigable waters; and third, to issue regulations governing the discharge of litter, sludge, garbage, or other substances -- except oil or dredge spoil -- from any vessel into navigable waters. He would be required to consult first with other Federal officials, the States, and affected industries, and to correlate the regulations with measures to control pollution from other sources taken under the act or other provisions of the law. The regulations also would apply to vessels owned and operated by the United States.
Second, prohibit vessel pollution or discharges in violation of the regulations after their effective date.
Third, provide for enforcement by Interior, Coast Guard, and other Federal personnel, and encourage arrangements with the States for administration arid enforcement of the bill's provisions.
Fourth, provide for the voluntary certification of devices for the control of sewage discharges from vessels.
Fifth, prohibit the discharge from any vessel of sewage, ballast and bilge water, sludge, garbage,
or other substances into the waters of the contiguous zone which may pollute or contribute to the pollution of waters of the territory or the territorial sea of the United States, except in case of emergency imperiling life or property, or unavoidable collision, stranding, or accident, or under regulations prescribed by the Secretary. He would be directed to prescribe such regulations for all substances -- except dredge spoil -- originating on board any vessel or transported thereon into the waters of the contiguous zone. The penalties, enforcement, jurisdiction, and definitions relating to vessel pollution of navigable waters of the United States would also apply to such pollution of the waters of the contiguous zone.
The bill would not affect the authority of the Secretary of the Army with respect to impediments to navigation. Nor does this bill deal in particular with the problem of oil pollution. The latter is the subject of related but separate legislation presently being considered by the Subcommittee on Air and Water Pollution.
As problems in water pollution control are newly defined, the Subcommittee on Air and Water Pollution will give attention to the changes in the law which are required to come to grips with those problems. I believe that this bill on water pollution by vessels merits our early and close consideration.
The PRESIDING OFFICER. The bill will be received and appropriately referred; and, without objection, the bill, letter, and statement will be printed in the RECORD.
The bill (S. 2525) to amend the Federal Water Pollution Control Act, as amended, to control pollution from vessels within the navigable waters of the United States, introduced by Mr. MUSKIE, was received, read twice by its title, referred to the Committee on Public Works, and ordered to be printed in the RECORD, as follows:
[TEXT OF BILL OMITTED]
The letter and statement presented by Mr. MUSKIE are as follows:
U.S. DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
Washington, D.C.
Hon. HUBERT H. HUMPHREY,
President of the Senate, Washington, D.C.
DEAR Mr. PRESIDENT: Enclosed pursuant to the provisions of section 17 of the Federal Water Pollution Control Act, as amended, is this Department's report on pollution from vessels using the navigable waters of the United States. This report was prepared in consultation with the Department of Defense; the Department of Transportation; the Department of Commerce; and the Department of Health, Education, and Welfare.
Also enclosed is a draft of a proposed bill "To amend the Federal Water Pollution Control Act, as amended, to control pollution from vessels within the navigable waters of the United States."
We recommend that the proposed bill be referred to the appropriate committee for consideration and we recommend that it be enacted.
The report covers all sources of the water craft pollution problem, including commercial Federal, and recreational water craft. It points out that wastes from vessels often cause significant pollution problems. It could be quite serious if we do not act soon to cope with it. Clearly, we must not ignore these problems, particularly when the Nation is making a great effort to control wastes from land-based sources.
The report recommends a three-pronged program for the control of pollution from vessels, including commercial vessels, foreign and domestic, recreational water craft, and public vessels of the United States. The proposed program is designed (1) to control the discharge of sanitary wastes from vessels through the establishment of standards, (2) to control the discharge of ballast and bilge water from such vessels, and (3) to prevent the discharge of litter, garbage, sludge, and other substances from such vessels. The enclosed bill will implement this program.
From the standpoint of vessels engaged in international voyages, this legislation represents a national approach that would not be inconsistent with our international legal obligations. We would recognize and encourage, however, multilateral action by interested maritime nations as another acceptable approach to the problem of controlling pollution from vessels engaged in such voyages.
The enclosed draft bill amends the Federal Water Pollution Control Act, as amended by adding two new sections to the bill.
The first section covers the discharge of sewage, ballast and bilge water, and litter, garbage, and other substances from vessels.
The second section prohibits such discharges in the 9-mile Contiguous Zone established under Article 24 of the Convention of the Territorial Sea and the Contiguous Zone where they pollute or contribute to the pollution of our territorial waters.
Enclosed is a detailed statement of the principal provisions of the bill.
The Bureau of the Budget advises it has no objection to the submission of the enclosed draft bill and that its enactment would be consistent with the Administration's objectives.
Sincerely yours,
STEWART L. UDALL,
Secretary of the Interior.
Enclosures.
STATEMENT OF PRINCIPAL PROVISIONS OF VESSEL POLLUTION PROPOSED LEGISLATION
The principal provisions and our comments thereon of the enclosed draft bill relative to the control of pollution from vessels are as follows:
1. The bill directs the Secretary to establish by regulation standards for the control of sewage emitting from vessels into the navigable waters of the United States. The bill does not establish any date for issuing these standards, because we believe that flexibility is needed to develop workable and effective standards that will prevent pollution and will not be an unreasonable burden on vessel owners. The enclosed report, however, estimates that approximately 18 months will be needed to perform this task.
The standards will be developed after an extensive investigation and research effort is carried out to examine the efficiency and effectiveness of various systems for the treatment of sewage from vessels, including a careful study of the costs of installing, operating, and maintaining such systems on various classes of vessels.
The standards will be as uniform as possible for various classes of vessels within similar circumstances.
The regulations shall set reasonable compliance schedules. These schedules will distinguish between new vessels and existing vessels. Special consideration will be given to those vessels that included sewage control system on board to meet State requirements or the voluntary levels of treatment established in the 1965 Handbook on Sanitation and Vessel Construction of the United States Public Health Service.
2. The draft bill also directs the Secretary to prescribe regulations governing the discharge of ballast and bilge water into such waters from vessels engaged in commerce. These regulations will not apply to recreational or pleasure craft. They will, however, apply to all commercial-type vessels. The regulations will limit the quantity of such discharges and the time and place of the discharges. The regulations will not prohibit all such discharges in all our waterways.
3. The bill directs the Secretary to issue regulations governing the discharge of litter, garbage, sludge, and other substances, other than oil and dredge spoil, from vessels whether such substance originates on the vessel or is transported by the vessel.
At present, section 13 of the Refuse Act (33 U.S.C. 407) which is administered by the Corps of Engineers provides that it is unlawful
" . . . to throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of any kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable waters of the United States, or into any tributary of any navigable water from which the same shall float or be washed into such navigable water."
This statute applies both to vessels and shore-based facilities.
Similar authority is contained in other statutes administered by the Corps, such as the Act of June 29,.1888, as amended (33 U.S.C. 441-451b).
Both this Department and the Corps believe it is desirable to have one agency responsible for the administration of water pollution control activities, of which this function is a vital part. Under this approach the United States Coast Guard would have the major role in enforcing these regulations, as well as the other regulations mentioned above. Nothing in this bill, however, will affect the authority of the Corps to prevent discharges potentially harmful to navigation. The Corps, and not the Secretary of the Interior, will issue permits for this purpose. Also, the Corps will continue to administer the pollution aspects of the Refuse Act until these regulations are adopted.
Such regulations would not be issued for oil or dredge spoil. Oil is now covered by the
Oil Pollution Act, 1924. Dredge spoil is covered by sections 10 and 13 of the Act of March 3, 1899 (33 U.S.C. 403 and 407) and the recent Memorandum of Understanding between the Secretary of the Interior and the Secretary of the Army.
4. Before the Secretary issues any regulations, he must consult with the Secretaries of State; Commerce; Health, Education, and Welfare; Transportation; and Defense, as well as other interested Federal and State agencies and representatives of various interested industries. Also, he will correlate the regulations with other on-going efforts to control both water-borne and land-based pollution. After the regulations are issued, the Secretary is required to give everyone a reasonable opportunity to comment before they become final.
5. The bill authorizes the Secretary to exempt certain classes of vessels. Defense and other Federal vessels must comply with the regulations, except where national security is involved.
6. Once the standards are issued, a program for certifying the adequacy of various devices will be initiated. Under this program, manufacturers may request the Secretary to consider a particular device together with the manufacturer's test data to determine whether such a device if installed on a vessel and used and maintained properly will enable the vessel to conform with the standards. Once certified by the Secretary, the manufacturer will be able to sell all devices that conform to the certification.
In addition, the Secretary of Transportation operating through the United States Coast Guard must also certify the device from a safety standpoint. The Secretary of Transportation will issue regulations on this subject.
7. After the effective date of the regulations it will be unlawful to pollute the navigable waters of the United States from vessels and to make any discharges from vessels into such waters, except in accordance with the regulations.
8. The bill establishes a maximum penalty of $2,500 or one year imprisonment, or both, for anyone knowingly violating this section. It also provides a penalty of $10,000 against a vessel violating this section or the regulations issued thereunder. This latter penalty will not, however, apply to Federal vessels or public vessels of a State or foreign nation or vessels subject to the Federal Boating Act of 1958.
9. Any vessel subject to the 1958 Act that violates this section or the regulations issued thereunder may have its number suspended by the agency responsible for enforcing the vessel numbering system under that Act. The number would be suspended to insure compliance with this section. The owner or operator shall also be liable for a $100 penalty.
10. The bill gives the Secretary and the Coast Guard primary responsibility for enforcement, except in the case of vessels subject to the 1958 Act. In those cases, the States which are now enforcing that Act will be expected to enforce this section also. The Secretary is also authorized to use other Federal employees to enforce this section, and he is encouraged to use the services of the States to the greatest extent possible.
11. The definition of a "person" excludes persons on board a public vessel of the United States, or a State, or a foreign nation.
12. Article 24 of the Convention on the Territorial Sea and the Contiguous Zone provides:
"1. In a zone of the high seas contiguous to its territorial sea, the coastal State may exercise the control necessary to:
"(a) Prevent infringement of its customs, fiscal, immigration or sanitary regulations within its territory or territorial sea;
"(b) Punish infringement of the above regulations committed within its territory or territorial sea.
"2. The contiguous zone may not extend beyond twelve mires from the baseline from which the breadth of the territorial sea is measured.
"3. Where the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing agreement between them to the contrary, to extend its contiguous zone beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of the two States is measured."
The Department of State advises that the Convention itself established this zone when it entered into force for the United States on September 10, 1964. The bill, therefore, authorizes the Secretary to issue regulations governing the discharge of sewage and other substances, including oil, but not dredge spoil, into the water of the established zone. The purpose of these regulations is to prevent the discharge of pollutants that adversely affect the sanitary controls established to prevent pollution in our territory and our territorial waters. As in the case of the waters within the 3-mile belt, the Corps will continue to prevent potential obstructions to navigation through the issuance of permits.