Marine Water Quality Regulations

REPUBLIC OF THE HARSHALL ISLANDS ElfVIROHMEN1'1\I.J PROTECT10N AUTHORITY 1. Authority 2. Purpose :,). Policy 4. Effective date 5. Interpretation 6. Severability EART II - MARINE WATER USffi CyASSIfICATION 7. Class AA Waters 8. Class A Waters 9.. Class B Waters )0. classification not zoning PART lIT. - ESTbBLI§HMENT Of MaBIN~ WATER P~E hREA~ 11. General 12. Majuro Atoll 13. Ebeye Island, Kwajalein Atoll 14. Gugeegue Island, Kwajalein Atoll ~ABT IV - WATER QUALITY STANDARDS 15. Basic criteria Applicable to All Marine Waters 16. Specific Water Quality criteria for Marine Waters 17. General Sampling Considerations EART Y - M&RSHALL ISvAHDS R9LLUTANT DrSCH8RGB ~LlMINAT*QN SY§XEM (MIPDES) 18. Permit Requirement 19. Application Procedure 20. MIPDES RegUlations PlffiX yI - MIXIN9 Z9NE~ 21... 22. 23. 24~ 250 26. General Requirement New Discharges Hi,dng Zone Application Regu.irelt~ents Existing Discharges . Determination by the Authority False Information 27. General Requirement 28. Marine Sanitation Device 29. Sewage Discharge from Vessels 30. Hazardous SUbstances PART VI1] - OIL POLLYXION-J'BEVENTION MEASQRE2 31­ 32. 33. 34 .. 35. 36. 37. 38. 39. 40. spill Prevention Control and countermeasure Plan spec Plan Preparation Requirements containment struotures Onshore Facility Drainage Bulk storaae Tanks lTaoility Transfer Operations Facility Fuel Barqe Loading and Unloading Security Spill Prevention Prohibition on Disoharge of Oil pART IX - ENFOBCEMENT 41. Violations 42. Public hearing 43. Right to enter 44. Penalty for lack of permit REPUBLIC OF ~E2 !~aHALL ISLANDS ENVrUOID{ENTAL ~P.OTEC~ION AUTHORI~Y PART J. - QEtlEBbu PBQYIS!Q~ J.. Authority a) These regulations are promulgated by tha Republic of the Marshall Islands Environmental Protection Authority with the approval of the Minister of Health Services pursuant to section 21 of the National Environmental Protection Act 1984. b) These regulations supercede all previous pUblications and repeal 63 Trust Territory Coda Chapter 13, SUbchapter VII, Marins &~d Fresh Water Quality standard Regulations. c) These regulations have the force and effect of law-. 2. Purpos§! The purpose of these regulations is to identify the uses for which the marine waters of the Republio of the M~rshall Islands shall be maintained and protected, to specify the water quality standards required to maintain· the designated uses, and to prescribe regulations necessary for implementing, achieving and maintaining the specified marine water quality. Further, these regulations are designed to maintain and upgrade the quality of the marine waters of tho Republic of the Marshall Islands in oreer to protect haalth, safety, and welfare, and to assure that no pollutants are discharged into these waters "rithout being given the degree of treatment or control necessary to ~revent pollution. 3 . }?o1 icy: It is the policy of the Republic that: a) The maintenance of water quality that will provide for the propagation of aquatic life, protection of marine resources, enhancement of human subsistence uses, and for recreation in and on the vlater is an historical and legitimate right of the people of the l'Ira:cshall Islands. 1 b) Wat~rs whose existing quality is better than the quality ~peoified by ~hese regulations shallcbe maint~ined at that high quality • . ~~ waters whose existing quality is less than the quality spec~x~ed by these regulations shall'be improved to comply with these regulations. d) No waters of the Republic shall be lowered in overall quality unless it has been affirmatively demonstrated to the Authority that such a change is a necessary result of economic or social development, is in the best interest of the people of the Republic/ and will not pel~anently impair any marine resource or beneficial use assigned to the waters in question. e) '1'0 the extent practicable, all flew point sources of po~lution shall not be to near-shore waters. f) All-sewage and waste will receive a degree o~~treatment necessary to protect the beneficial uses of the waters of the Republic before discharge. 4. Effective Date These regulations shall come into force one day after their apprQval by the Cabinet. 5. Interpretation In these regUlations/ unless the context otherwise requires: (a) "Authority" means the RepUblic of the Marshall Islands Environmental protection Authority or its authorized representative. b) conducive requires emissions IIBeneficial uses" means a US,;e of the environment that is to pUblidbenefit, welfare, safety or health and which protection from the effects of wastes, discharges, and deposits. c) "Biota" .means the animal and plant life 'of a particular region considered as a total ecolo~ical entity. d) llDilution Ratio ll is the dilution ratio at the plume centerline aftar initial dilution. e) UEnvironrnent" means the physical factors of ths ~~rroundings of human beings and inoludes the land, soil, water l ~~m~sphere, climate, sound, odors, tastes and the biological {ac~~rs o~ animals,and plants of every description situated within 'I he: 't.e;rricorial l.lmits of the. Republic inclUding the exclusive econoau,o zone. f) IIFacility" means any ,-building, structura, process, pro~uction equipment or machinery from Which there is or may be a pollutant discharge. This definition excludes facilities or equipment used in connection with'feasibility, engineering and design studies regarding water pollution treatment. ' g) "Initial DilutionU means the dilution that the wastewater has achieved with the receiving water at the centerline of the mixing zone as defined in SUbrsgulation 5 (e) below where the !u:!xture surfaces or the density of the mixture becomes equal to the de.nsity of the surrounding receiving 'dater. The "initial dilution" will be calCUlated by using the procedure found in Users Guide aDg pOymnentation for outfall Plume·Mod~1 CD.J. Baumgartner, O.S. Trent, and IC V. :Byram. working Paper ISO, USEPA, Pacific Northwest Water Laboratory, May 1971. Available at th~ Water Quality :Laboratory of the Authority or by 'Vlriting National Technical Information Service, 5285 Port Royal Road, springfield, Virginia '22151. Order Number NTISPB 204-557.) h) "Harine waters" means the in'carnal waters and waters of the 'territorial sea of the Republio q and includes "near-shore waters", "off-shore waters", and;, all brackish, fresh and salt waters that are SUbject to the ebb and flow of the tide. i) IlMixing Zonel! means a defined'area around a point source in Which specific water quality: criteria may be revised in accordance with Regulation • A,zone of mixing is the volume of water near the point of discharge within which the waste immediately mixes with ocean water due to the momentum of the waste discharge and the difference in density between the waste and the receiving water. j) "Natural" means free of substances or conditions, or a combination of both, attributable to human activities. k) liNatural conditions or Natural occurring II means that state of wat~r quality that would exist, at a specific time and place, in the absence of human activities. 1) uNear-Shore Waters'; means those marine waters lying within a defined reef area, inclUding but not limited to all lagoon waters within the RepUblic, and all coastal waters up to 1,000 feet off~shore where there ia no defined reef area. r, ,m) 1l1lIon=1?oint ~ourcell means any' or.1.gin front which pollutants e.mQnate in an unconf~ned and unohannelled manner including but not limited to surface and leachate se~ps. ' . n) "Off-Shore Watars" means all marine waters beyond the limit defined for linear-shore" waters to the lilnita of the t;er:t:'.i. tortal sea of the Republic. 0) "Person" means any individual, corporation, company, association, partnership, agency, authority commission foundation, the Republic of the Marshall Islands g~vernment or it~ p~litical SUbdivisions, or any local, state, or foreign government or municipality, or other institution or entity, whether public or private. p) IIPoint Source" means any discernable, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, vessal 0::' other floating craft, from which pollutants are or may be dJscharged. q) "Pollutant" means dredged spoil, bilge,water, petroleum and petroleum products, solid wasta, incinerator residua, sewage, garbage, sewage sludge, munitions, chemical materials and wastes, biological materials and wastes", radioactive materials, heat, wrecked or discarded equipment, reck, sand and industrial, municipal, and agricultural waste. , r) "Pollutant Discharge·' means either a point source or non point source of pollutant discharged into marine waters. s) "Pollution" means any direct: or indirect alteration of the physical, thermal, chemica-l, biological or radioactive properties of any part of the marine waters of the RepUblic by the discharge, emission or deposit of· wastes so as to affect any beneficial use adversely or to cause a condition which is hazardous or potentially hazardous to pUblic health, safety or welfare, or to animals, birds, wildlife, aquatic, life, marine resources or to plants of every description. t) uRepublic u means the Rep~hlia of the Marshall Islands. u) II rI'er r i t or h i l Seal! means ~ that part of the sea within t\'lelve (~2) nautical miles from the bi'.selina of the RepUblic, as set forth in the Marine Zones (Declaration) Act 1904. v) "Waste" includes any 'matter '<lhether liquid, solid, gaseous} or radioactive which is discharged, emitted or deposited in the environment in such volume, component or manner as to cause an alteration of the environment. class of waters are bathing, and other and the support and 6" .£8Y.liirClR i;J.J,-ty . In the event any provision of these regUlations or th~ appl~cation of any provision of these regulations to any person or c~r:umstances is held invalid, the application of such provision to ~ther persons or circumstances and the remainder of these regulations shall not be affected. 7. .Ql.1Lss AA. Wa1;el:§ a) T1;e uses to be protected in this class of waters are oceanograph2c research, the support and propagation of shellfish and other marine life, conservation of coral reefs and wilderness areas, compatible recreation, and other aesthetic enjoyment. ~ b) This class of waters shall remain in as nearly their ~a~~ralf pristine state as pgssiblewith an absolute minimum of pollution from any source. To the extent possible, the wilderness character of such areas shall be protected. c) No point source discharge cor zone of mixing shall be permitted in these waters, nor shall destruction of reefs, aquatic life, aquatic habitats, or other resources be permitted. d) The classification of any water area as Class AA shall not preclude other uses of such waters compatible with these obj ectives and in conformance with the standards applicable to thenl. e) Class AA waters are both:nearshore and offshore waters. 8. Class A Wa~ers a) The uses to be protected in this recreational, including fishing, swimming, 'i,'1ater-contact sports, aesthetic enjoyment, propagation of aquatfc life. . b) The use .cr this class of,·wat·ars for recreational purposes and aesthetio enjoyment shall not be limited in any way. Such \;vaters shall be leept clean of any tr&'ish, solid materials or oil, and shall not act as receiving waters for any effluent which has not received the best degree of treatment or control practicable under existing technological and economic conditions and compatible with the standards established for·-this class. c) Class A waters are nearshore waters. 5 a) The uses to be protected in this c.lass of waters are smal~ boat harbors I commercial and industrial shipping bait fishJ.ng I compatible recreation, the support and propagation of aquatic life, and aesthetic enjoyment. b) The discharge of any pollutant:: shall be controlled to the maximum degree possible. Sewage and industrial effluents shall receive the best degree of treatment practicable under existing technological and economic conditions~ Treatment shall be compatible with the standards .established for this class. 0) This designation shall.apply only to a limited area next to sewage outfalls and boat docking facilities. The rest of the water area surrounding outfalls and docks shall be Class A unless given some other specific designati6n.· d) Class B waters are nearshore waters. 10. 91assification not zoning Nothing in the marine water use classifications sat forth in this Part shall be construed to establish specific zoning requirements for marine and coastal activities or to permit new commercial or industrial shipping ~reas in Class B waters. PART III - ESTABL!SHM~NT OF MARlNE WATER USE AREAS 11. General a) Marine waters shall be classified in accordance with .the uses to be protected in each class described in Part II of these regulations. b) Figures 1 - 4 are incorporated as part of the text of these regulations and shall be read in conjunction with this Part. e) Those marine waters of the RepUblic not having a specific 'Vlater use classification are oonsidered Class AA waters. Such Class AA waters include all lagoon and ocean waters of all atolls and islands not set forth by name in this Part, with the exception of those waters closely surrounding a dock or sewage outfall. d) Those waters of the RepUblic closely surrounding a dock or sewage outfall are considered CLass B waters. 6 12. Majuro Atoll a) Class AA: (1) all ocean side waters, except for the waters closely surrounding tho Majuro sewage outfall and the tip of Laura; ., ' (ii) on lagoon side, area between the causeway bridge to just before the tip of Laura. b) Class A: (1) on lagoon side, from the tip of Rita to the causeway bridge, with the exception of the waters closely surrounding the new old dock (Uliga) and the old new dock (Dalap). (ii) tip of Laura. c) Class B: (i) on ocean side, the waters closely surrounding the Majuro sewage outfall, (ii) on lagoon side, the waters closely surrounding the new old dock (Uliga) and the old new dock (Dalap). .. western and northern end of the island. " southern end of the island. ocean side of the island. all lagoon v~aters not in the immediate vicinity of the dock. immediate vicinity of the dock. a) Class AA: b) Class A: c) Class B: 14. Gugeegue Island, a) Class 1'..1'..: b) Class A: c) Class B: 13. Ebeye Island, Kwajalein Atoll '", ocean side of the island. 7 15. Imsic Ct:.lt..exia AppJ.1,cQI2.J,e toS~ Wate..tJ:l a) ,All waters shall be capable of supporting desirable aquatic l~fe and be suitable for recreation in and on the water. b) All waters shall be free of visible floating materials, oilS, grease, scum and other floating matter attributable to the activities of man. c) All waters shall be free from materials attributable to sewage, industrial waste or other human activities that produce visible turbidity or settle out to form deposits. d) All waters shall be free from materials attributable to s~vage, industrial waste or other human activities that produce obi ectionable color i odor or taste directly or by chemical or b .' ,.. 2ogical action in the water or biota~ e) All waters shall be free from substances attributable to human activities that induce undesirable aquatic life or degrade the indigenous biota. The survival of aquatic life and indigenous biota in waters SUbjected to waste discharge or other controllable water quality factors shall not be less than that for the same water body in areas unaffected by th~ waste discharge. f) All waters shall be free from substances ~nd conditions attributable to human activities .that may be toxic or cause irritation to humans, animals, or plants. g) pollutant discharges to marine waters shall be controlled so as to protect not only the receivin~ water but also those waters into which the initial receiving wate~s may flow. h) Whenever natural marine water conditions are of a better quality than an assigned water' quality criteria under these regulations, the natural marine waterl:conditions shall constitute the water quality priteria. 16. Speciflg water Quality crit?ria tor Marine waterS! a) Mi.c:t;'obiQ],ogical Reguj,rem~ntยง (i) The median total coliform bacteria count shall not exceed 70/100 rnl for any 10 consecutive samples nor shall any single sample exceed. 230/100 ml. a APply tQi Class AA ( i) (ii) Fecal coliform content shall not exceed an arithmetio average of 200/100 ml for any 10 consecutIve sa:mples nor sh('.all any fJingle sa.mpJ.e exceed 400/100 mI. As an alternative to total and fecal coliform criteria, enterococci criteria may be applied. (iii)Enterococci count shall not exceed an arithmetio av~rage of 7/100 reI in not less than 5 samples equally spaced over a 30 day period. (iv) Enterococci count shall not exceed an arithmetic average of 35/100 mI in not less than 5 samples equally spaced over a 30 day period. (v) In areas where shellfish are harvested for human consumption, the microbiological standards for Class AA waters shall apply. b) pH Units pH values shall be within 6.5 - 8.5 units. c) ~utrient Material The ratio of total nitrogen to total phosphorus concentration shall be within 9 - 27. (li) The ratio of total.nitrogen to total phosphorus'concentration shall.be within 6 - 18. (iii)The concentrations of total nitrogen and total·phosphorus shall not vary by more than 10% from the natural conditions .. , .. Class A r Class 13 Class AA Class A, Class a Class AA, Class A, Class B Class AA, Class A Class B All Waters (iv) Except for concentrations attributable to natural causes, nutrient concentration ~hall not exceed: 9 :.t.otqj. Pl19fU?l1~s""y.i 0.025 mg/l 0.05 lUg/l Total Nitrogen (as til 0.40 mgjl 0.80 IUg/l cl) D:i.ssolveg Qxygen (i) Dissolved oxygen concentration shall not vary by more than 25% from natural conditions. (ii) Except for concentrations attributable to natural causes, dissolved oxygen concentration shall not be less than 6.0 mg/l or 75% of saturation, ~hichever is greater. (iii)Except for concentrations attributable to natural causes, dissolved oxygen concentration shall not be less than 5,0 mg/l. (iv) Except for concentratio~~s attributable to natural causes, dissolved oxygen concentration shall not be less than 4.5 mgjl. e) Total Dissolved Solids, Salinity, 9yrrents No change in channels, basin geometry or fresh water influx shall be made which would cause permanent changes in" isohaline patterns of more than lO%·from the natural conditions or change in salinity outside the range of 29 - 30 0/00, or which would otherwise adversely affect the indigenous biota and natural sedimentary patterns. 10 Class AA, Class A Class B Class AA, Class A Class B All Waters Class M Class A Class B All Waters f) J1emperat.l~ Temperature shall not vary by more than 0.9 degr~~s Celsius (1.5 degrees Fahrenhe~~) from the natural conditions in marine water. ' All Waters Class B All Waters Class AA, Class A g) Tur l2 j.V2 (i) Turbidity, as measured by Nephelometric Turbidity Units (NTU), shall not be greater than 1 NTV" (ii) Turbidity, as measured by Nephelometric 'I'urbidity Units (NTU) , shall not be greater than 2 N'l'U. h) RQotoagtiye Matexials. (i) The concentration of radioactive materials in water Shall not exceed 1/30th of the maximum permissible limits established for continuous oocupational exposure given in the u.s, N§tional By~eau ot st~ndard~~ Handbgok No. 69 ' (ii) No radionuclide or combination of All Waters radionuclides shall be present in amounts that would exceed the maximum permissible levels &$tablished un~er the laws and regulations of the Republic. (iii)The concentration of radioactive .All Waters materials in water shall not result in the accumulation of. radioactivity in plants or animals,that ~esult in a hazard to humans or aquatic life. i) Q1l aog PetrQleuID Er~ducta (i) The concentration of oil or petroleum All Waters products shall not be detectable as a visible film, sheen or ~iscoloration of the surfaca or caus~ an objectionable odor. (Ii) The concentration of oil or petroleum products shall not. cause tainting of fiu;;h or other. aquatic ~lfGQ De 11 All Waters (iv) injurious to the indigenous biota or ceuae objectionabll'Il :tast® in drinJdng water~ . (iii}The concentration of.oil or pstroleum All Waters products shall not torm an oil deposit on beaches or 6horeline or on the bottom of any marine watsrao . J' ) Il'.j k 9 Xb9 SUbstQnces (i) criteria for toxic substances may be given as either a maximum con~entration or may be determined by mUltiplying the stated application factor by the concentration determined to be lethal to 50% of the most sensitive indigenous organism after 96 hours of exposure (96 zci , . When both an application factor and a maximum concentration are given l the lesser of the two s·hall constitute '4'· the water quality standard. (i1) Alternate criteria for determination of toxic sUbstances may be used with the prior written approval of thG Authority. Such criteria may be determined by usa of:;, indicator organisms, analysis of species diversity; population density, growth anomalies, bioassay of appropriate duration or other appropriate methods as specified by the Authority. (iii)96 LC values shall be deter~ined by using bioassay procedures consistent with those described in the latest adition of Standard M~th9ds for thE;} Examination of Water and Wastewater I by the American Public Health Association. 96 LC 50 values shall be ~eter.mined by using the most sensitive indigenous organism to the sUbstance, in question. No substance or cOmQination of substances listed in The nTo~dc Substances Tabla" of sul:lregulation (vi) below shall be present in marine waters in amounts that exceed 0.01 times the 96 LC 50 conoentration unless it can be demon5trated to the huthority that a higher concentration has no adverse effect, chronic or acute, on the \'1ater body in question and its indigenous biota.' (v) In the absence of· .aspecifio liatea. criteria or standard, the gentalral,.,isltandardrsl and provisions of these regulations shall apply. 12 (vi) !.QATC SIDlS..T~j;1'-3:ll&~ (mgjL ~ ~illigrams per litsr) (ug/L ~ micrograms per liter) k SUBRThNCE .,,--LIMIT Fl\9,2,'QR Aldrin 0.002 mg/L 0.01 Unionized Ammonia NH3 0.01 ln9/I" 0.1 Arsenic 0.01 mg/L 0.01 Barium 0.5 rnq/L . o, OS Beryllium 0.1 mg/L 0.01 Boron 5.0 mg/L 0.1 cadmium 5 ug/L O.Ol Chlordane 0.004 ug/L 0.01 Chlcrine-Produced oxidants 1.5 ug/I" 0.1 Chromium 50 ug/L 0.01 Copper 3 mg/L 0.1 Cyanide 1 uq/L 0.1 DDT 0.001 ug/L 0.01 Demeton 0.1 ug/I,,· 0.01 Dieldrin 0.002 mg/L 0.01 Endosulfan 0.001 ug/L 0.01 Endrin O. 004 U9/L.. 0.01 Guthion 0.01 ug/L" 0.01 Heptaohlor 0.001 ug/L 0.01 Iron 0.05 mg/L Lead 5.6ug/L 0.01 Lindane 0.004 ug/L 0.01 Malathion 0.1. ug/L 0.01 Manganese 0.02 tn9/L 0.02 Mercury 0.025 ug/L Methoxychlor 0.03 ug/L 0.01 Mirex 0.001 ug/L 0.01 Nickel 0.002 mgjL 0;01 Parathion 0.04 ug/L 0.01 PCB 0.001 ug/L 0.01 phenol 1 ug/L 0.01 Elemental Phosphorus 0.1 ug/L 0.01 Phthalate' Esters 3.4 uc;lL 0.01 Selenium . 0.005 ug/L 0.01 silvai' 1 ug/L 0.01 Hydrogen Sulfide (undissociated) 2 ug/L 'roxaphene 0.005 ug/L O.Ol 2 p4,D 0.01 2 u4,5-TJ? 0.01 Zinc 58 ug/L 0.01 17. .Qi3nera J..~iJJ1s:.sJ2!JS:ldem1.2n.~ a) All methods of sample collection k p ti . ~~2£;;cYi:Eed:lJ~:t~~s~om~ple~atfCi~:i[~ ~~:a~!re~~~:~:~::~:~~ the American pU~lfc HeilthE;xl:s'~;f:tffon~l wa:t:ar~n£:l .1lastewater, by . . b) Samples shall be collected at approximatel ~ntervals and under those conditions of tide, rainfall, an~ti:~u~~ day when pollution is most likely to be maximum. c~ Whenever ~ater quality standards are violated tne ~~fhor~~y may, ~Y wr~tten instrument, require further samples'to be Of Q ~tehn a .sPleC~f~ed, frequent intervals, according to the severity e v~o atJ.on. . d) Whenever two numeric criteria are in conflict, the more stringent criteria shall constitute the water quality criteria. PART V - MARSHALL~9LANDS PQLLUTANT~ISCHABGE ~L!M!NATIQN SY§TEM (MIPDES) 18. Permit Requiremen~ Any point source of discharge shall be in violation of these regulations unless it has received a Marshall Islands pollutant Discharge Elimination System (MIPDES) Permit from the Authority. 19. Applicati.on proc~sL1,Jt:§. Application for a permit shall be made to the Authority on a form provided for that purpose. and shall be accompanied by a processing fee to be determined by the Authority, which is non­ refundable, except that no fee is required of the national Government of the Mars~all Islands. 20. MIPDES-FegulatiODm For the purpose of establishing general and specific criteria to limit point source discharges of pollution into the marine 'Vlaters of the Republic, a system for',.~ I;suing, modifying, revoking and reissuing, terminating, monitoring and enforcing MIPDES permits shall be set forth by the Authority by public regulation. (i) 2:1., GMsral ~gu:1.x.eme.nt a) The water quality criteria in Part IV of thesa :t·e~"Ulations shall apply -vJithin a ml:x:ing zone unless specific al~ernative criteria have been apprqy~d by the Authority 0 Mixing zones shall ?ot be granted in lieu. of reasona~ls control measur$S to reduce po~nt source pollutant discharges but shall be granted to compliment the application of reasonable controls. 22. J.iro:L I2i,§.Qhsrge.!l a) Any person responsible for any new point source discharge or discharges beginning after the effective date of these regulations shall apply to the Authority for a zone of mixing on fOfID s supplied by the Authority, unless it can be affirmatively demonstrated by che s,pplicant, to the tull satisfaction of the Authority, that ~he point of discharge will meet the applicabl$ water quality standards at the point of discharge~ b) It shall be a violation of these regulations for any person to commence discharqinq from a new point source without either optaining a valid mixing" zone trom the Authority or demonstration to the Authority I B satisfaction that a mixing zona is not required. 23. Mixing Zone App*ication Reguirem~ Any application for a zone of mixing must contain the following information, which information shall be provided by the applicant: evidence that an MIPDES permit has been applied ~or and will be obtain~dl (ii) a description of the- waste to be discharged inclUding flow rate and pollutant types and quantities; (iii)tha location of the discharge and a description of the disposal methods inoluding but hot limited to outfall size and number and type of diffusers; (iv) evidence that thsconcentration of toxio substances present in the discharge will not violate water quality standards for toxic substances; (v) identification of those sUbstances for which the mixing zone is requit'~d; (vi) Either: A. a certification for each sUbstance identified in (v) above, that after initial mixing, the concentration of the sUbstance will not exceed the applicable water quality standard; , ..... NOTE: The following equation shall be used to calcUlate ooncentration after initial dilution: or, C t Ce + Cb (OI) O' '+ 11: Conc~ntration after mixing Effluent concentration (instantaneous maximum) Back9~ound concentration Dilution ratio B. a description of. the shape, size, Volume an~ other physical charaeteristics ot the mixing zone required for each ..,.pollutant in the discharge so that the applicabl.e"water quality standards will be achieved at the boundary of the zone; .. NOTE: The mixing zone shall be defined under those conditions. of tide wind, runoff, density stratification :,.and discharge that would require the la~~~st zona of mixing. . C. Method A above; shall be used over Method B unless specific wr~tten permission is issued by the Authority to the con~r.ary. (vii) evidence that the ba~io water quality standards set forth in Part IV of'these regulations will not ba violated within the mixing zone; (viii) a proposed sch:edulo' of effluent and receiving water monitoring to det:ermine ' compliance with the proposed mixing zone..' (ix) a technical justification explaining why a mixing zone should be permitted. 16· 24. EXisting Oischarg~§ All existing point\ source discharges shall a 1 t th ~~~~irity for a mixing zone or demonstrate that one is~lre:Uire~ lin °ine year of the effective date of these regulations. The app cat on procedure is.~dentical to the one for new sources. 25. Determination by th~Auth2rit~ a) Review of Application In reviewing a, ..mixing zone application, the Authority shall consider: (i) present and anticipated uses of the water body; (i1) whether an adequate ZOl';.8 of passage will exist for the movement of aquatic life; (iii)the proximity of other mixing zones; (iv) whether the granting' of a mixing zone is in the public interest. The Authority may request additional information from the applicant that is deemed r,elevant to the Authority's determination. b) Issuance of Mixing Zon~ The Authority may either approve, conditionally approve or disapprove an mixincr zone application. The Authority may, before taking action of the applicatio«, oonduct a pUblic hearing on the application. The Authority~shall notify the applicant in writing of its determination. The.notification shall include, put is not limited to; (i) the .durGt!on of th? mixing zone; (ii) any cgnditions placed upon the Autho~ity's approval . Of the a~plicationf which conditions may include: A. Effluent and reoeiving water monitoring and reporting. requirements; and B. A timetable·~or the reduction or elimination of the dischar;e, (iii)the parameters for which the mixing zone is being granted and' ·the alternative criteria that will apply within the mixin~ zone, 17 If the Authority disapproves a mixihg zone application, it shall notify' the applicant, in writing of the reasons fo~ th~ lisapproval. ' ... .. 26. False information t kIt fhatl'he in viol~tion of these regulations for any person AOth niWt ng i Y, present ~~lse 'or misleading information to the u or y n an application for a:mixing zone. PART VIr - POLLUTION CQNTgQL REQUIBEMENTS 2,7. General Requirement a) Any person who initiates:~~y projeot which may represent anew or increased source of pollution, either point source or non­ point source, shall first obtain-written approval of the Authority that the project will 'not directly or indirectly impair any benefioial uses of the affected marine waters. b) operation eliminate proj!act. The Authority may place ponqitions on the construc~ionor of the project, or both~,' as necessary to mitigate or any adverse water quality ,imp~cts aaaocLatied wi-th the c) The Authority may withhold' approval tor any projeot until the project has received all necessar:l permits and clearahces or has demonstrated that such clearances will be obtained tat the appropriate time. ' . d) It' shall be a violation of these regUlations f\9r any person to initiate a pr?'ect without the approval required,~n this RegUlation. 28. Marinesapit9tioD,oeyioe 'a) Marine sanitation devices', shall be installed: on, all vessels with toilet facilities and,shall'be designed and operated to either retain! dispose of, or,d~scharge sewage. \' b) If,' the devic~'i" has a discharge, the effluent s1X~)ll not have fecal, coliform lJacterial count greater than 200 per 100 milliliters nor :suspended solids 9reater than 150/mg/L. c) In" determining the comp,osition and' quality of ~ffluent discharge from marine sanitat~on,~evigas, the procedures ~~quired by Part IV of these regUlations shall apply. 18 29. Sewage Diseharg~ '[2m yessel§ a) Thedischarge of sewage, ~hether treated or not fro and all vessels into marine wate~s is completely prohibited. many ~fi t~~~ byA~hfX~~~~;~itv~~;~er':~~r;t9~~h;b~;t~~e~a~:q~;~~n~:dt~~ beS~a~\~~r ~r lI~~r~i:h~ prOo!oshed aq't;ivity. such an exemption shall Oi hose arge." A request for a Permit to . se args.shall state the reasons for the request and show to the sa b t 1 1sitact:1.on of the Authority that -the proposed activity poses no PU 0 health or environmental hazard. (0) A Permit to Oiseha dbe issued solely for:; rge un ~r. suoregulation (b) above may sewage. npn-cornmercial vessels discharging treated Cd) Any person requesting a Permit to Discharge under subregulation (b) above shall pay a processing fee of $50.00 to the Authority. 30. Hazardoys sub6taDQ~ a) It shall ba in violation of these regulations for any p~rson to store, dispose of or allow to accumulate any hazardous substances in such a manner that the substances may enter the marine waters of the Republic W.i~Aout first· obtaining written approval of the Authority. b) Such substances include, but are not limited to, petroleum products, pesticides, radioactive sUbstances, biological substances and toxic chemicals. c) The Authority may require persons handling hazardous materials to implement measures. tQ reduce the possibility of contaminating the marine waters of the Republic. d) In the event of an ac.ci'dental spill or discharge of hazardous materials, the responsible person shall immediately notify the Authority.and take all reasonable measures to contain the material so th~t it will not,contaminate the marina watars of the Republic. a) Failure to .notify the A.uthority within 24 hours and failure to take reasonable mitigation measures shall each constitute a separate violation of these regulations. f) Nothing in this Regulatlon with respect to petroleum products shall be cons'trued to limit or supercede the oil pollution control requirements In Part VIII of these regulations. 19 £ABT VIII - Qlk PQLLUXI9N PB~YENTIQN MEASUBEa 31, S~ill ~r~yention Control and e9unt~rmeasure Plan hi ha) Owners and operators o~ on~hore and offshore facilities ~h C CiU1d reasonably be expected ~Q discharge oil into or upon e mar ne waters of the RepUblic or adjoining shorelines and coastal areas shall prepare a Spi.ll Prevention Control and countiermeasure Plan (SPCC Plan) in writing in accordance with the requ rements of this Part. b) When a facility is owned by one person and operated by another person, it is the operator's duty to prepare the spec Plan. 32. SPCC Plan pregargtioD Begyirem~nt~ a) . The spec Plan; ~shall be prepared in accordance wi.th good engineer~ng practices, and shall be sUbmitted to the Authority for approval within three months of, the effective date of these regUlations. b) 'l'he SPCC Plan shall include complete information and disoussion regarding the~ faoility's conformanoe or nonconformance with all ~equirements of this Part. Required additional facilities, procedures, methods, or planned use o~ equipment not yet +ully operational shall be disqu~~ed in separate seotions, and a time-line for implem&ntation sh~ll be provided. Details of inst.allation and operational ~tA.t't-up sha.ll be explained separately. c) A facility which has experitu'1ced one or lIIore spill events within twelve months before submission of the .sscc Plan to the Authority shall include' a written cles(jription of each such spill, corrective aotion taken and plans tor preventing recurrence, , d) The' spec Plan shall ~nolude a prediction vf ene direction, rate of flow, and total: :qu~ntit¥ of oil whioh could be discharged from the 'facility as a result of equipment failure. Equipment failure may inclUde but· ~s'not limited to tank overflow, rupture, or leakage., A separate prediotion. shall be tnade for each separate txpe of failure. 33, gontainm§Dt structures A facility shall use appropriate conta,1nm.ent and diversionary structures or equipment to prevent discharged oil from reaching any marine waters. As a. minimum, at l.east one of the following preventive systems shall be used: 20 (i) onshore Facilities A. B. d.ikes , berms or 't'etaining walls sUfficiently impe~vious to contain spilled oil; curbing; c. curv,arting, systems; gutters, or other drainage ( L) D. weirs, booms, other barriers; E. spill diversion ponds; F. retention pondsior G. absorbent materials. (ii) Offshore facilities A. curbing, drip pans; or B. sumps and collection systems. 34. Qnshore Facility praiDag~ 1) Drainage from diked st~r~g~ ~reas shall be restrained by vaf.vee or other positive means to prevent a spill or other excessive leakage of oil into the dra;tnage system. Diked areas may be empti.ed by pumps or ejectors.. Pumps or ejectors shall be manually activated and the condition of the accumulation shall be examined before activat~on to ensur9 that no oil is discharged into marine waters. Manual,open-and-closed design valves shall be used for the drainage of diki!.lQ areas. ·Vl,appar-type drain valves shall not be used to arain.diked areas. 2) Inspections of the run-off'rain water shall be conducted by the owner or operator of the facilAty at appropriate intervals, set by the Authority, to ensure.oompliance with applicable water quality standards 'and;to ensure no harmful disqharge occurs. 3) Drainage systems from undiked areas shall: flow into lined ponds, lined lagoons, or lined catchment basins designed to retain oil; or (ii) return to the facility; or (iii)the flow shall pass through an oil water separator only during a manual controlled release. 21 If an oil water separator is used i' i by the owner or operator;:of the fa~ilr~:e3; ins .sh~ll be performed and oil shall promptly"be removed att r nghaa:1 period of flow Records of oil' water e ' t . er sac • oW' has ceased. maintained by the own:r p::aopO:raOtoa;~~i~~ a~d ~ei!ormanoe shall be actions or malfunctions 0'" both h 1.1 be eo 1 ty and corrective I'" r sa· e noted. 35. ~UIK storage Tanks 1) No tank shall be used for th t :~~e~~~~it1~n~o~~t~~~;~~~.ara compatib~a ~io~a~eh~rm~~;r~~ie:~o;:~ 2) All bulk storage tank installations.shall be constructed ~~ tha\i secondary means of impervious containment is provided for t e:n :6 t contents of the largest. single tank plus sufficient ree oar 0 alloW for, precipitation. Diked areas shall b SUfficiently impervious to contain spilled oil. e i t 3) Drainage of rainwater froni the seoondary containment area n 0 a storm drain or an effluent' discharge that empties into marine waters is acceptable if: (i) the bypass valve is no~mally sealed closed; (1i) inspection ot th~. run-off rain water ensures compliance with, the applicable water quality standards, and wili'pot cause a harmful discharge as defined in these reg~lations; (iii)the bypass valve is. opened, and resealed following drainage under responsible supervision. (iv) adequa~e records ~re kept of such events. 4) The installation of neW buried metallic storage tanks·!s prohibited. All exist~ 9' buried',~ tanks shall be sUbjeoted to ,regular pressure testinq'by the owner:or operator of the facility, Which results shal~ be transmitted\~o the Authority. I 5) Aboveground tanks shall·h~;subjectto periodic integrity testing by the owner or operator .',of the facility. Integrity testing shall take, into "account tapk design and use such techniques as hydrostatic testing, visual t ,inspection or a system of non­ destructive shell thickness testing- 'rank supports and foundations shall be inclUded in these inspection~. ,comparison records shall be kept where appropriate. In a~dition, the outside of the tank shall be observed frequently by operating personnel for signs of deterioration, leakS which might causa a spill, or accumulation of oil inside diked areas. ' 22 6) New and old .tank installations shall as far as lracticable, be fail-safe engineered: The Authority may require nstallation of one or more of the' following devices: (i) high liqU1d level alarms, (11) high liquid level pump cutoffs; (iii)communication between the tank gauger and the pumping source; (iv) a fast response sYstem for determining the liquid level of each bUl~ storage tank, such as digital com1?uters p, talepuls9 l or direct vision qauges or the~r equlvalent; Liquid level sensing devices shall be regularly tested to ensure proper operation. 7) Disposal facilities Which discharge effluents into marine waters shall be inspected by the owner or operator in accordance with the spec Plan or, in any event, with sUffioient frequency to detect possible system upsets that may oause an oil spill event. 8) Visible oil leaks Which result in a loss of oil from tank seams, gaskets, rivets, and bolt~ that are sUft:iciently large enough to cause the accumulation of oil in diked areas shall be promptly corrected. 9) Mobile or po~table oil storage tanks and drums shall be positioned or located so as to prevent spilled oil and protect the tank or drum from floqc1in13 or wC\shout. A secondary 'means of containment, such as dikes, catchrnen~ basins, or drip pans, shall be provided sufficient to contain the larsest single compartment of the tank or drum. 36. Facility Transfer Operations:. 1) New buried p£ping installations shall have protective wrapping and'ooating and shall bQ cathodicallY protected. If a section of burieel line is exposed for any reason, it shall be carefully examined for deterioration and stabilized, drained or removed. If corrosion damage is found, additional examination and corrective action shall be taken as indicated by the magnitUde of the damage. More frequent usa· of exposed pipe corridors or galleries are preferred. 2) When a pipeline is not' in service, the terminal connection at the transf~;- point. e'hall be drained, capped and h1an~flan9QQ, and marked as to oriqin. 23 . 3) Pipe supports shall be properly designed so as to minimize abrasion and 'cozrcsfcn and allow for expansion and contraction. 4) All aboveground valves .an~ pipelines shall be sUbjected to regular examinations by operating personnel. operating personnel shall assess the general' oondition of the ,following items: flange joints, expansion joints, valve glands and bodies, catch pans, pipeline supports," locking of valves, and metal surfaces. In addition, periodic pressure. testing shall be conducted for areas where facility drainage is such that a failure might lead to a spill ev~nt. 37. Facility Fyel Barge Loading and UnlQaging . ' 1) At least one week before the commencement of any fuel transfer operations to or from water oraft, the ~uthority and such spill response teams as appropriate shall be notified of the date, ti~e, and location of the proposed'transfer. 2) Adequate respcnse personnel and equipment shall be available at the site of the fuel transfer operation. 3) The Authority may require the use of the following equipment and containment measures during fuel transfer operations; (1) containment devices, such as containment booms, to be put in place around the fuel barge and othe~ off-loading apparatus; (ii) onboard preventive measnres to be put in place to prevent any onboardl,·leal~s and spills; (iii)catchment basins or diversion structures to be put in place to intercept and contain oil spillS; (iv) such oth:er equipment and measures as the Authority deems ap~ropriate Oi 4) Fuel transfer operations shall not take place during hours of darkness without the express prior written approval of the Authority. 38. security Facility lighting shall be designed to facilitate disco~~ry of spills occu'rrin~ firing L~\'~~~sino:s~~r~n~~sc~~e~;~~:~; spills occurring through van a sm., i with the type and location of the faoil ty. 24 2) The loading/un~oading connections of oil pipelines shall be securely capped or blank-flanged' when not in service or in standby service tor an extended period of time. 3) The starter control on all oil pumps shall be locked in the "off" position or looated at a site aooessible only to authorized personnel When the pumps are' in a non-operating or non­ standby status. 39. Spill Prevention . 1). The operatorpf the fa.cility shall ensure proper ~nstruct~on of personnel in the operation and maintenance of equipment to prevent discharges of' oil. , 2) The operator of,the facility ~hall designate a person or persons who shall be acc~lntable for oil spill prevention and who shall report at frequent intervals to the operator. 3) The operator of the facility shall schedule and conduct spill prevention briefings for operating personnel at intervalS frequent enough to assure-adequate understanding Qf the spec Pla~ for the installation. 40. Prohibition on Discharge of 011 1) No person shall discharge 9r causa or permit to be discharged into the environment any oil in such quantities as may be harmful to the publio health o~ welfare, including any discharges of oil that: ( i) (ii) violate cause a surface applicable water quality standards; or film or sh~en upon or discoloration of the of any marine waters; or (iii)cause a ~iudge or 'emulsion to be deposited beneath the su~face of the water or upon adjoining shorelines. 2) Discharges or oil from a properly functioning v~ssii t deemed to be harmfUl, but discharges of sue 0 :~~~~~l:~:d in a vessel's bilges' ..shall; not be so exempt. 3) Addition of ~.~spersa~t'h~oprro~i~lto~si~~St;fs ~;~ultaOti~~ discharged that would Clccumven are prohibited. 25 4) Notwithstanding Bny th· i i the Authority may permit the 31s e~ prov sons of this Regulation, ,research, demonstration projectc arge of oil in connection with prevention, control or abatementS, for: studies relating to the , 0 o~l Pollution.k 5) Any person in charge of a ,i 1 offs~ore facility shall notify the Auth9 S i e or of an onshore or ~as ~nowledge of any discharge ot oil t?r ty a$ soon as he or she ~n V~olation of these regulations. lom such vessel or facility P8RT IX - ENFORCEMENT 41. Violations . (a) A person Who, violates any criteria requ~rement, .oz provision of these regUlations or' an;t;~~:f~; requirement or order issued thereunder sha11 be subject to enforcement action by the Authority. ' (b) The enforcement action may be any or all of the following: (L) revocation of a permit issued under these regulationf4 i (ii) the making of a cease and desist order in relation to the SUbject ~atter of the violation; (iii)the imposition of ~.QiVil penalty, fixed by the Authority, not exceeding $10,000.00 for each day on Which the, violation continues; and (iv) any other action authorized by the National Environmental Protection Act 1984 or any other law. 42. pUblic hearing (a) When the Authority revokes ~ a permit under Regulation 40(b) (1) or makes a cease and desist order under Regulation 40 (b) (i1), a pUblio heari~g shall be.-conducted by the Authority to determine the authenticity of the. facta upon which the order was made. ' b) Adequate not.tce of the llearing, and an adequate opportunity to appear a~d be heard at the hearing, shall be given to all interested persons. 26 43. Right to enter For the. purposes of enforcing the provisions of these regulations, the Authority may, ~ at reasonable times, enter any establishment, building, vessel or other premises or upon or into any land or water, pUblic or private,· for the purpose of obtaining information, making insp~ctions, obtaininq samples, inspectinq or copying records or plans required to be made and maintained, or conducting surveys or investigatio.'ns or detecting any offenses committed in contravention of these,regulations. 44. Penalty fgr lack of permit Any person requjred to have ,a, permit under these regUlations and engaged in an activity without such a permit shall be sUbjeot to a 01viI penalty of up to $500.00 per day for each day the activity is conducted without a permit. August (, IJ .. ,~ ? a B. Kabua, ChaIrman nvironmental Protection Authority RepUblic ~f the Marshall Islands Approved by the Minister of Health ser~ices on April 01, 19-21. c-·· ~ HonO~B Minister of Health & Environment RepUblic of the M~~shall Islands April 10, 1992 27 I I !I'~ ~5 N~ LAGOON FIGURE i D.U.D. ARE~. MAJURO ATOLL N t ".lr / ! r ,n z