SECTIONS 72440-72442 - California Statutes

PUBLIC RESOURCES CODE

SECTION 72440-72442

72440. (a) (1) The board shall determine whether it is necessary to
apply to the federal government for the state to prohibit the
release of sewage or sewage sludge from large passenger vessels,
sewage from oceangoing ships with sufficient holding tank capacity,
and sewage sludge from oceangoing ships, into the marine waters of
the state or to prohibit the release of sewage sludge from large
passenger vessels and oceangoing ships into marine sanctuaries, as
described in Section 72420 and subdivision (a) of Section 72420.1. If
the board determines that application is necessary for either sewage
or sewage sludge, or both, it shall apply to the appropriate federal
agencies, as determined by the board, to authorize the state to
prohibit the release of sewage or sewage sludge, or both, as
necessary, from large passenger vessels, sewage from oceangoing ships
with sufficient holding tank capacity, and sewage sludge from
oceangoing ships, into the marine waters of the state and, if
necessary, to authorize the state to prohibit the release of sewage
sludge from large passenger vessels and oceangoing ships into marine
sanctuaries.
(2) It is not the Legislature's intent to establish for the marine
waters of the state a no discharge zone for sewage from all vessels,
but only for a class of vessels.
(b) The board shall request the appropriate federal agencies, as
determined by the board, to prohibit the release of sewage sludge and
oily bilgewater, except under the circumstances specified in Section
72441, by large passenger vessels and oceangoing ships, in all of
the waters that are in the Channel Islands National Marine Sanctuary,
Cordell Bank National Marine Sanctuary, Gulf of the Farallones
National Marine Sanctuary, and Monterey Bay National Marine
Sanctuary, that are not in the state waters.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.

72440.1. The board shall request the appropriate federal agencies,
as determined by the board, to prohibit the release of waste by large
passenger vessels or oceangoing ships in all of the waters in the
Channel Islands National Marine Sanctuary, Cordell Bank National
Marine Sanctuary, Gulf of the Farallones National Marine Sanctuary,
and Monterey Bay National Marine Sanctuary; and, request, if
necessary, approval of the state's prohibition of the release of
waste in the marine sanctuaries.

72441. (a) This division does not apply to either of the following:
(1) A large passenger vessel or oceangoing ship that operates in
the marine waters of the state solely in innocent passage.
(2) Discharges made for the purpose of securing the safety of the
large passenger vessel or oceangoing ship or saving life at sea, if
reasonable precautions are taken for the purpose of preventing or
minimizing the discharge.
(b) For the purposes of this section, a vessel is engaged in
innocent passage if its operation in the marine waters of the state
would constitute innocent passage under either the Convention on the
Territorial Sea and Contiguous Zone, dated April 29, 1958, or the
United Nations Convention on the Law of the Sea, dated December 10,
1982.

72442. The board may adopt regulations to carry out this division.