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.9 Sample water when returned to the slop tank shall not be allowed to free fall into the tank.

6.3 Flow rate indicating system:

6.3.1 A flow meter for measuring the rate of discharge should be installed in a vertical section of a discharge line or in any other section of discharge line as appropriate, so as to be always filled with the liquid.

6.3.2 A flow meter should employ an operating principle which is suitable for shipboard use and, where relevant, can be used in large diameter pipes.

6.3.3 A flow meter should be suitable for the full range of flow rates that may be encountered during normal operation. Alternatively, arrangements such as the use of two flow meters of different ranges or a restriction of the operational flow rate range may be necessary to meet this requirement. 6.3.4 The flow meter, as installed, should have an accuracy of ±15 percent, or better, of the instantaneous rate throughout the operating range.

6.3.5 Any component part of the flow meter in contact with the effluent discharge including associated piping, if fitted, shall be of corrosion-resistant and oil-resistant material of adequate strength.

6.3.6 The design of the flow metering arrangements shall have regard to the safety requirements of the space in which such metering arrangements are located.

6.3.7 In ships fitted with a computing unit the flow rate may be determined from the pump characteristics and the data manually inserted into the unit.

6.3.8 In ships fitted with a calculating unit the flow rate may be manually inserted into the unit. The flow rate is to be estimated from the best available source e.g. pump characteristics, speed of pump(s), ullages or knowledge of pumping rates for particular tanks on the ship.

6.3.9 In oil tankers where the gravitational discharges of ballast water from the cargo tanks is an established practice, in aceccordance with Regulation 18(6)(d), means, such as calibration curves, shall be provided to estimate the flow rate of discharge.

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6.4 Vessel's speed indicating system: 6.4.1 The automatic speed signal required for the control unit shall be obtained from the vessel's speed indicating device diversi (See "Recommendation on Performance Standards for Devices to Indicate Speed and Distance (Annex to Resolution A.478(XII)).) by means of a repeater signal. This informavintion shall be readily available in a form that can be accepted by a processor. The speed window information used may be either speed over the ground or speed through the water depending upon the speed measuring equipment installed on board.

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6.4.2 In ships where a computing unit is required the vessel's speed may be manually inserted into the unit. This data shall be ob

tained from the ship's log or from an indicating device which transmits signals which need not be in a form which can be accepted by a computer system.

6.4.3 The vessel's speed on ships required to install a calculating unit may be obtained from the ship's log or from the navigation charts and shall be estimated from the most reliable source.

6.5 Processor and transmitting device:

6.5.1 The processor should receive, at time intervals not exceeding 5 seconds, signals from the oil content meter, the flow rate measuring system, and the vessel's speed indicator and automatically compute the following:

.1 Instantaneous rate of discharge of oil in litres per nautical mile; and

.2 Total quantity of oil discharged per voyage in cubic meters or litres.

6.5.2 When the calculations of the processor exceed the limits imposed by Regulation 9(1)(a) (iv) and (v) (10) the transmitting device will provide alarms and, in new ships, it will also provide command signals to the discharge valve control which will cause the discharge of effluent into the sea to stop.

6.5.3 In existing ships fitted with a calculating unit where the unit is installed early, the total quantity of oil discharged may be computed manually.

6.6 Recording devices:
6.6.1

Control Unit

.1 The recording device for a control unit should include a digital printer or an analogue recorder or the combination of both or a recorded visible display. The record shall be identifiable as to the time and date and shall be kept for at least three years (11).

.2 The data to be automatically recorded shall include at least the following items:

.2.1 Instantaneous rate of discharge of oil (litres per nautical mile);

.2.2 The total quantity of oil discharged (litres);

.2.3 Time and date (G.m.t.);

.2.4 The discharge valve position (open or closed);

.2.5 Alarm condition;

.2.6 Failure (i.e. no flow, fault, etc.); and .2.7 Override action (i.e. manual override, flushing, calibrating, etc.).

6.6.2 Computing Unit—

.1 The recording device for a computing unit should include a digital printer or an analogue recorder or the combination of both or a recorded visible display. The record shall be identifiable as to the time and date and shall be kept for at least three information (11). Manual input years should be identifiable on the record. .2 The data to be automatically recorded shall include at least the following items:

.2.1 Instantaneous rate of discharge of oil (litres per nautical mile);

.2.2 The total quantity of oil discharged (litres);

.2.3 Time and date (G.m.t.);

.2.4 Manual input information;

.2.5 The valve position (open or closed); .2.6 Alarm condition;

.2.7 Failure (i.e. no flow, fault, etc.);

.2.8 Override action (i.e. manual override, flushing, calibration, etc.); and

.2.9 Oil content if flow rate is manually inserted.

6.6.3 Calculating Unit

.1 An automatic recording device is not required for a calculating unit, but, where fitted, the recording device should include a digital printer or an analogue recorder or the combination of both or a recorded acceptable visible display. The record shall be identifiable as to time and date, which may be entered manually, and shall be kept for at least three years (11).

.2 The data to be automatically recorded on the above-mentioned recording device shall include at least the following item: Oil content in ppm, unless the oil content meter is provided with a recorder.

6.6.4 Recording for digital printers.

Occasions of recordings. Data required in paragraphs 6.6.1.2, 6.6.2.2, and 6.6.3.2 of these Specifications shall be printed out with the following minimum frequency:

.1 When the discharge is started; .2 When the discharge is stopped;

.3 At intervals of not more than 10 minutes;

.4 When an alarm condition is developed; .5 When normal conditions are restored; .6 At the change of valve order or valve position;

.7 When introducing input data;

.8 Whenever the computed rate of discharge varies by 10 litres/nautical mile, unless an equivalent trend-indicating arrangement is provided;

.9 When selecting zero setting or calibration mode; and

.10 On manual command.

6.6.5 Recording for analogue recorders. Data required in paragraphs 6.6.1.2, 6.6.2.2 and 6.6.3.2 of these Specifications should be continuously recorded in such a way as would satisfy the following requirements:

.1 The chart speed should be indicated. If the speed is controllable, the recorder shall be provided with a marker to identify the speed of the chart paper; and

.2 Means shall be provided to enable the chart paper to be interpreted as to time, date and readings after it has been removed from the recorder.

6.7 Data display.

6.7.1 The current data shall be visibly displayed.

6.7.2 The recording device and the data display should be located in a position easily

accessible to the person in charge of the operation of discharging the effluent overboard.

6.8 Manually operated alternatives.

6.8.1 The alternative means and information for use in case of any one failure in the system should be as follows:

.1 Oil Content meter: visual observation of the surface of the water (12);

.2 Sampling pump: visual observation of the surface of the water;

.3 Flow meter: pump characteristics, etc.; .4 Vessel's speed indicating device: main engine R.P.M., etc.;

.5 Processor: manual calculation and manual recording; and

.6 Discharge valve control: manual operation of pumps and valves.

6.9 Alarm conditions resulting in the stopping of discharge.

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.3.3 Failure of the measuring or recording system; or

.3.4 When the input signal of the sensors exceeds the effective capacity of the system. 6.10 Location of alarm indicator

6.10.1 The alarm indicator of the system shall be installed in the cargo control room where provided and/or other places where it will attract immediate attention and action.

7 Equipment, Operation and Maintenance Manuals

7.1 Administrations shall ensure that approved equipment, operational and/or maintenance manuals for the various items comprising the oil discharge monitoring and control systems are on board the vessel. These manuals shall cover the oil content meter, control, computing or calculating unit, flow meter and ship's speed indicator, where required.

FOOTNOTES: (ADDED BY THE U.S. COAST
GUARD FOR CLARITY.)

(1) The "MARPOL 73/78 Convention" is referred to as the MARPOL Protocol" in 33 CFR, Part 157.

(2) Also defined in § 157.03(i).

(3) The Coast Guard has determined that a starting interlock system is not required on Category IV(a) vessels that are 100,000 DWT or less.

(4) The Coast Guard is not publishing this Appendix.

(5) Section 157.11(b)(2) requires at least one discharge point.

(6) Section 157.37(a) requires all overboard discharges of oily mixtures to be monitored.

(7) The "oil content meter" is referred to as a "cargo monitor" in 33 CFR Part 157 and 46 CFR Subpart 162.050.

(8) Approval under 46 CFR Subpart 162.050 constitutes compliance with this resolution. Section 157.12(b) requires that monitors installed on U.S. vessels must be approved under 46 CFR Subpart 162.050.

(9) U.S. vessels are required to meet 46 CFR Parts 110-113, Electrical Engineering Regulations, which also constitutes compliance with IEC Publication 92.

(10) Sections 157.37(a) (3) and (4) impose the same limits. These limits relate to instantaneous rate and total quantity of oil discharged.

(11) Section 157.37(d) also requires that discharge data be kept for three years.

(12) Section 157.37(a)(6) also requires visual observation of the discharge if the system fails.

[CGD 75-124a, 48 FR 45723, Oct. 6, 1983]

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exceptions.

158.330 Ports and terminals: Equipment.

Subpart D-Criteria for Adequacy of Reception Facilities: Garbage

158.400 Purpose.

158.410 Reception facilities: General. 158.420 Reception facilities: Capacity and

exceptions.

Subpart E-Port and Terminal Operations 158.500 Draining cargo area and piping systems.

158.520 Following the instruction manual. AUTHORITY: 33 U.S.C. 1903(b); 49 CFR

1.46.

Subpart A-General

SOURCE: CGD 85-010, 52 FR 7761, Mar. 12, 1987, unless otherwise noted.

§ 158.100 Purpose.

This part establishes the following: (a) Criteria for determining the adequacy of reception facilities.

(b) Procedures for certifying that reception facilities are adequate for receiving

(1) Residues and mixtures containing oil from oceangoing tankers and any other oceangoing ships of 400 gross tons or more;

(2) NLS residue from oceangoing ships; or

(3) Garbage from ships.

(c) Standards for ports and terminals to reduce NLS residue.

[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 88-002, 54 FR 18407, Apr. 28, 1989]

§ 158.110 Applicability.

(a) Subparts B, C, and E apply to each port and each terminal located in the United States or subject to the jurisdiction of the United States that is

(1) Used by oceangoing tankers, or any other oceangoing ships of 400 gross tons or more, carrying residues and mixtures containing oil, or by oceangoing ships to transfer NLSs, except those ports and terminals that are used only by

(i) Tank barges that are not configured and are not equipped to ballast or wash cargo tanks while proceeding enroute;

(ii) Ships carrying NLS operating under waivers under 46 CFR

153.491(b); or

(2) A ship repair yard that services oceangoing ships carrying oil or NLS residue.

(b) Subpart D applies to each port and terminal located in the United States or subject to the jurisdiction of the United States.

[CGD 88-002, 54 FR 18407, Apr. 28, 1989]

§ 158.115 Penalties for violation.

(a) A person who violates MARPOL 73/78, the Act, or the regulations of this part is liable for a civil penalty not to exceed $25,000 for each violation, as provided by 33 U.S.C. 1908(b)(1). Each day of a continuing violation constitutes a separate violation.

(b) A person who makes a false, fictitious statement or fraudulent representation in any matter in which a statement or representation is required to be made to the Coast Guard under MARPOL 73/78, the Act, or the regulations of this part, is liable for a civil penalty not to exceed $5,000 for each statement or representation, as provided by 33 U.S.C. 1908(b)(2).

(c) A person who knowingly violates MARPOL 73/78, the Act, or the regulations of this part is liable for a fine for each violation, of not more than $50,000 dollars, or imprisonment for not more than 5 years, or both, as provided by 33 U.S.C. 1908(a).

[CGD 88-002, 54 FR 18407, Apr. 28, 1989]
§ 158.120 Definitions and acronyms.
As used in this part:

"Bunker oil" means oil loaded into bunker tanks for use as fuel.

"Captain of the Port" (COTP) means the Coast Guard officer commanding a Captain of the Port Zone described in Part 3 of this chapter.

"Certificate of Adequacy" means a document issued by the Coast Guard or other authorized agency that certifies a port or terminal meets the requirements of this part with respect to reception facilities required under the Act and MARPOL 73/78, and has Form A, Form B, or Form C attached.

"Clean ballast" has the same meaning as in § 157.03(e) of this chapter. "Commandant" means Commandant, U.S. Coast Guard.

"Commercial fishing facility" means docks, piers, processing houses, or other facilities which receive commercial fishery products from ships.

"Daily vessel average" means the total number of oceangoing tankers, or any other oceangoing ships of 400 gross tons or more, carrying residues and mixtures containing oil, serviced over a typical continuous 12 month period, divided by 365.

"Form A" means the application for a reception facility Certificate of Adequacy for oil, Coast Guard form USCG-CG-5401A (9-85).

"Form B" means the application for a reception facility Certificate of Adequacy for NLS, Coast Guard form USCG-CG-5401B(2-87).

"Form C" means the application for a Certificate of Adequacy for a Reception Facility for Garbage, Coast Guard form USCG-CG-5401C. "Garbage" means all kinds of victual, domestic, and operational waste, excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically, except dish

water, graywater, and those substances that are defined or listed in other annexes to MARPOL 73/78. "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards to human health, harm living resources and marine life, damage amenities or interfere with other legitimate uses of the sea, and includes any substance subject to control by MARPOL 73/78. "High viscosity NLS" includes Category A NLSS having a viscosity of at least 25 mPa.s at 20 °C and of at least 25 mPa.s at the time they are unloaded, high viscosity Category B NLSS, and high viscosity Category C NLSS.

"High viscosity Category B NLS" means any Category B NLS having a viscosity of at least 25 mPa.s at 20 °C and at least 25 mPa.s at the time it is unloaded.

"High viscosity Category C NLS" means any Category C NLS having a viscosity of at least 60 mPa.s at 20 °C and at least 60 mPa.s at the time it is unloaded.

"MARPOL Protocol" (MARPOL 73/ 78) stands for the International Convention for the Prevention of Pollution from Ships, 1973, (done at London, November 2, 1973), as modified by the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (done at London on February 17, 1978), as amended, (1985).

"Medical waste" means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes and potentially contaminated laboratory wastes, dialysis wastes, and such additional medical items as prescribed by the Administrator of the EPA by regulation. "Mineral and oil industry shorebase" means a place or onshore structure or facility which is a base of operations for ships serving the mineral and oil industry.

"Noxious liquid substance" (NLS)

means

(1) Each substance listed in § 151.47 or § 151.49 of this chapter;

(2) Each substance having an "A", "B", "C", or "D" beside it's name in the column headed "Pollution Category" in Table 1 of 46 CFR Part 153; and

(3) Each substance that is identified as an NLS in a written permission issued under 46 CFR 153.900(d).

"Oceangoing ship" means a ship

that

(1) Is operated under the authority of the United States and engages in international voyages;

(2) Is operated under the authority of the United States and is certificated for ocean service;

(3) Is operated under the authority of the United States and is certificated for coastwise service beyond three miles from land;

(4) Is operated under the authority of the United States and operates at any time seaward of the outermost boundary of the territorial sea of the United States as defined in § 2.05 of this chapter; or

(5) Is operated under the authority of a country other than the United States.

NOTE: A Canadian or U.S. ship being operated exclusively on the Great Lakes of North America or their connecting and tributary waters, or exclusively on the internal waters of the United States and Canada, is not an "oceangoing ship."

"Oil" means petroleum in any form including crude oil, fuel oil, sludge, oil refuse, and refined products (other than petrochemicals that are subject to the provisions of Annex II of MARPOL 73/78) and without limiting the generality of the forgoing, includes the substances listed in Appendix I of Annex I of MARPOL 73/78.

"Person" has the same meaning as in § 151.05(n) of this chapter.

"Person in charge" means an owner, operator, or a person authorized to act on behalf of a port or terminal.

NOTE: The "person in charge" under this part is not necessarily the same person as the "person in charge" referred to in Parts 151, 154, 155, and 156 of this chapter (as defined in § 154.105 of this chapter.)

"Prewash" means a tank washing operation that meets the procedure in 46 CFR 153.1120.

"Port" means

(1) A group of terminals that combines to act as a unit and be considered a port for the purposes of this part;

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