WAC 173-184-025
Definitions. Unless the context clearly
requires otherwise, the definitions in chapter 317-05 WAC and
the following apply to this chapter:
(1) "Boatyard" means a class 4 facility which builds,
repairs, or refurbishes nonrecreational vessels under three
hundred gross tons, regardless of fuel capacity.
(2) "Boom" means flotation boom or other effective
barrier containment material suitable for containment of oil
that is discharged onto the surface of the water.
(3) "Bulk" means material that is stored or transported
in a loose, unpackaged liquid, powder, or granular form
capable of being conveyed by a pipe, bucket, chute, or belt
system.
(4) "Bunkering" means a bulk oil transfer operation to
replenish a self-propelled vessel with fuel or lubricating
oil.
(5) "Cargo vessel" means a self-propelled ship in
commerce, other than a tank vessel or a passenger vessel,
three hundred or more gross tons, including but not limited
to, commercial fish processing vessels and freighters.
(6) "Class 1 facility" means a facility as defined in RCW 90.56.010 as:
(a) Any structure, group of structures, equipment,
pipeline, or device, other than a vessel, located on or near
the navigable waters of the state that transfers oil in bulk
to or from a tank vessel or pipeline, that is used for
producing, storing, handling, transferring, processing, or
transporting oil in bulk.
(b) A facility does not include any:
(i) Railroad car, motor vehicle, or other rolling stock
while transporting oil over the highways or rail lines of this
state;
(ii) Underground storage tank regulated by ecology or a
local government under chapter 90.76 RCW;
(iii) Motor vehicle motor fuel outlet;
(iv) Facility that is operated as part of an exempt
agricultural activity as provided in RCW 82.04.330; or
(v) Marine fuel outlet that does not dispense more than
three thousand gallons of fuel to a ship that is not a covered
vessel, in a single transaction.
(7) "Class 2 facility" means a railroad car, motor
vehicle, portable device or other rolling stock, while not
transporting oil over the highways or rail lines of the state,
used to transfer oil to a nonrecreational vessel.
(8) "Class 3 facility" means a structure that:
(a) Transfers to a nonrecreational vessel with a capacity
of ten thousand five hundred or more gallons of oil whether
the vessel's oil capacity is used for fuel, lubrication oil,
bilge waste, or slops or other waste oils;
(b) Does not transfer oil in bulk to or from a tank
vessel or pipeline; and
(c) Does not include any: Boatyard, railroad car, motor
vehicle, or other rolling stock while transporting oil over
the highways or rail lines of this state; underground storage
tank regulated by ecology or a local government under chapter 90.76 RCW; or a motor vehicle motor fuel outlet; a facility
that is operated as part of an exempt agricultural activity as
provided in RCW 82.04.330.
(9) "Class 4 facility" means a structure that:
(a) Is a marina, boatyard, marine fueling outlet and
other fueling installations that transfers to a
nonrecreational vessel with a capacity to hold less than ten
thousand five hundred gallons of oil whether the vessel's oil
capacity is used for fuel, lubrication oil, bilge waste, or
slops or other waste oil;
(b) Does not transfer oil in bulk to or from a tank
vessel or pipeline; and
(c) Does not include any: Railroad car, motor vehicle,
or other rolling stock while transporting oil over the
highways or rail lines of this state; underground storage tank
regulated by ecology or a local government under chapter 90.76 RCW; or a motor vehicle motor fuel outlet; or a facility that
is operated as part of an exempt agricultural activity as
provided in RCW 82.04.330.
(10) "Covered vessel" means a tank vessel, cargo vessel,
or passenger vessel.
(11) "Discharge" means any spilling, leaking, pumping,
pouring, emitting, emptying, or dumping regardless of
quantity.
(12) "Ecology" means the department of ecology.
(13) "Gross ton" means a vessel's approximate volume as
defined in Title 46, United States Code of Federal Regulations
(CFR), Part 69.
(14) "Navigable waters of the state" means those waters
of the state, and their adjoining shorelines, that are subject
to the ebb and flow of the tide and/or are presently used,
have been used in the past, or may be susceptible for use to
transport intrastate, interstate, or foreign commerce.
(15) "Nonrecreational vessel" means any vessel that is
not a recreational vessel as defined in this section.
(16) "Oil" or "oils" means oil of any kind that is liquid
at atmospheric temperature and pressure and any fractionation
thereof, including, but not limited to, crude oil, petroleum,
gasoline, fuel oil, diesel oil, oil sludge, oil refuse,
biological oils and blends, and oil mixed with wastes other
than dredged spoil. Oil does not include any substance listed
in Table 302.4 of 40 CFR Part 302 adopted August 14, 1989,
under section 101(4) of the federal Comprehensive
Environmental Response, Compensation, and Liability Act of
1980, as amended by P.L. 99-499.
(17) "Owner" or "operator" means:
(a) In the case of a vessel, any person owning,
operating, or chartering by demise, the vessel;
(b) In the case of an onshore or offshore facility, any
person owning or operating the facility;
(c) In the case of an abandoned vessel, onshore, or
offshore facility, the person who owned or operated the vessel
or facility immediately before its abandonment; and
(d) "Operator" does not include any person who owns the
land underlying a facility if the person is not involved in
the operations of the facility.
(18) "Passenger vessel" means a ship of three hundred or
more gross tons with a fuel capacity of at least six thousand
gallons carrying passengers for compensation.
(19) "Person" means any political subdivision, government
agency, municipality, industry, public or private corporation,
co-partnership, association, firm, individual, ship, or any
other entity whatsoever.
(20) "Person in charge" or "PIC" means a person qualified
and designated as required under 33 CFR 155, for vessels, 33
CFR 154 for class 1, 2, or 3 facilities, or if not designated,
the person with overall responsibility for oil transfer
operations.
(21) "Personnel" means individuals employed by, or under
contract with a facility or vessel.
(22) "Public vessel" means a vessel that is owned, or
demise chartered, and is operated by the United States
government, or a government of a foreign country, and is not
engaged in commercial service.
(23) "Recreational vessel" means a vessel owned and
operated only for pleasure with no monetary gain involved and
if leased, rented, or chartered to another for recreational
use is not used for monetary gain. This definition applies to
vessels such as house boats, ski boats, and other small craft
on a rental or lease agreement.
(24) "Ship" means any boat, ship, vessel, barge, or other
floating craft of any kind.
(25) "Spill" means an unauthorized discharge of oil into
the waters of the state.
(26) "State" means the state of Washington.
(27) "Tank vessel" means a ship that is constructed or
adapted to carry, or that carries, oil in bulk as cargo or
cargo residue, and that:
(a) Operates on the waters of the state; or
(b) Transfers oil in a port or place subject to the
jurisdiction of this state.
(28) "Transfer" means any movement of oil in bulk to or
from a nonrecreational vessel or transmission pipeline.
(29) "Waters of the state" includes lakes, rivers, ponds,
streams, inland waters, underground water, salt waters,
estuaries, tidal flats, beaches and lands adjoining the
seacoast of the state, sewers, and all other surface waters
and watercourses within the jurisdiction of the state of
Washington.
[Statutory Authority: Chapters 90.56, 88.46, 90.48 RCW. 07-22-119 (Order 07-14), § 173-184-025, filed 11/7/07,
effective 12/8/07. Statutory Authority: RCW 88.46.160,
88.46.165, and chapter 90.56 RCW. 06-20-034 (Order 06-02), §
173-184-025, filed 9/25/06, effective 10/26/06.]