Section 317-05-020 - Definitions(1) "Administrator" means the administrator of the office of marine safety.(2) "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.(3) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, three hundred gross tons or more, including but not limited to, commercial fish processing vessels and freighters.(4) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.(5) "Department" means the department of ecology.(6) "Director" means the director of the department of ecology.(7) "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.(8)(a) "Facility" means 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) Retail motor vehicle motor fuel outlet;(iii) Facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330;(iv) Underground storage tank regulated by the department or a local government under chapter 90.76 RCW; or(v) A stationary 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.(9) "Marine facility" means any facility used for tank vessel wharfage or anchorage, including any equipment used for the purpose of handling or transferring oil in bulk to or from a tank vessel.(10) "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, or are used presently, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce, or any of these factors.(11) "Office" means the office of marine safety.(12) "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 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.(13) "Offshore facility" means any facility, as defined in subsection (8) of this section, located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land. "Offshore facility" does not include a marine facility as defined in subsection (9) of this section.(14) "Onshore facility" means any facility, as defined in subsection (8) of this section, any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.(15)(a) "Owner or operator" means: (i) In the case of a vessel, any person owning, operating, or chartering by demise (bareboat charter), the vessel;(ii) In the case of an onshore or offshore facility, any person owning or operating the facility; and(iii) In the case of an abandoned vessel, onshore, or offshore facility, the person who owned or operated the vessel, anchor or facility immediately before its abandonment.(b) "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.(16) "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.(17) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, ship, or any other entity whatsoever.(18) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.(19) "Spill" means an unauthorized discharge of oil into the waters of the state.(20) "State waters" means the navigable waters of the state.(21) "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. A ship is constructed or adapted to carry oil in bulk as cargo or cargo residue if authorized to do so under the ship's certification. A vessel carries oil as cargo or cargo residue if the oil is carried for dispensing to other vessels or equipment off the vessel, or for delivery from point to point, regardless of whether direct compensation for carriage is involved. A vessel being used to collect spilled oil from the water, and may have some recovered oil storage capacity, does not carry oil as cargo.
Wash. Admin. Code § 317-05-020
Statutory Authority: Chapters 90.56, 88.46, 90.48 RCW. 07-22-119 (Order 07-14), §317-05-020, filed 11/7/07, effective 12/8/07. Statutory Authority: RCW 43.21I.030, 88.46.010, 88.46.040 and 88.46.050. 93-07-004, §317-05-020, filed 3/4/93, effective 4/4/93.