OAR 340-143-0030: Ballast Water Management: Vessel Inspections

(1) DEQ or its agent is authorized to board and inspect vessels, without advance notice, to provide technical assistance, assess compliance and enforce Oregon ballast water management rules as provided under ORS 783.620-640, as long as such inspections are conducted in accordance with standards described in this rule. DEQ may prioritize vessel inspections based on: (a) Reporting compliance, (b) Information submitted in ballast water reporting forms, (c) Discharge behavior; or (d) Other applicable criteria to assess the risk of introducing nonindigenous species. (2) Conditions. DEQ inspections shall be conducted under the following conditions: (a) Authorized inspectors. Only DEQ employees, agents or specifically authorized contractors are authorized to conduct such inspections; (b) Time. Inspections may be conducted at any time. Reasonable efforts must be taken to not unduly interrupt normal cargo operations of the vessel. Vessel cargo operations may be interrupted when it appears to inspectors that the discharge of unexchanged or untreated ballast water or sediments may be occurring or is imminent; (c) Location. DEQ may conduct inspections when the vessel is at anchor or in port within Oregon waters; (d) Identification. Inspectors must have official identification, announce their presence and intent at the time of inspection, perform their duties in a safe and professional manner, and follow all appropriate ship safety requirements; (e) Vessel escort. The vessel owner or operator must provide an employee to escort the inspector or inspectors. (f) Safety. Nothing in this section relieves the vessel owner or operator of the responsibility for ensuring the vessel’s safety and stability or the safety of the crew and passengers. (3) Purpose. Vessel boarding may occur for any of the following reasons: (a) To verify regulatory compliance under ORS 783.620 through 783.640. The scope of compliance verification inspection activities is described in section (4) of this rule; (b) To provide technical assistance and explain details of state ballast water management regulations. The inspector may also help provide details on other west coast state and federal ballast law; or (c) To provide outreach and education about best management practices that may further reduce the likelihood of transporting aquatic nonindigenous species. (4) Scope. DEQ shall limit vessel inspection to those areas reasonably necessary to inspect ballast management-related activities. DEQ may board a vessel and conduct compliance verification and inspection activities, including; (a) An audit of vessel ballast water management documentation to verify compliance with state laws. An audit consists of reviewing the vessel’s ballast water reporting forms, management plan and record book as required in this section. In addition, the inspector may request and review any other records relating to ballast management operations including the Deck Log, GPS Log, Soundings Log, Stability Reports, Engine Room Log and Oil Record Book. Vessel operators must maintain a concise record of their ballast water management in order to expedite the timeliness and efficiency of the documentation audit. (b) A collection of samples from ballast tanks. Sampling may require the vessel's crew to provide safe access to ballast tanks for sampling, including lighting and ventilation of cargo holds, spaces and voids as needed. The vessel’s crew will open ballast tank manhole covers and present the tank ready for sample access by taking the head off the tank level as necessary to preclude tank overflow. If tank certification is necessary for access, the vessel operator will be responsible for any marine chemist fees. Where safe and practical, an inspector may require a sample of tank sediments, collected by the vessel operator under DEQ observation or by the DEQ inspector.