Amendment ID: S3050-332-R1

Redraft Amendment 332

Protecting New Bedford Harbor

Messrs. Montigny and Tarr move that the proposed new draft be amended by inserting after section 67 the following section:-

“SECTION 67A.  (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:

“Bilge oil treatment unit” or “treatment unit”, a system used to separate oil and other pollutants from oily bilge water.

“Department”, the department of environmental protection.

“Oily bilge water”, water from a vessel’s engine room that collects in the lowest part of the hull and is contaminated with oil and other pollutants.

(b) Notwithstanding any general or special law to the contrary, a bilge oil treatment unit designed for the purposes of collection, separation or treatment and disposal of oily bilge water collected from commercial vessels shall be exempt from the requirements of a licensed hazardous waste treatment facility pursuant to 310 C.M.R. 30.000 if: (i) the treatment unit is sited within 1,320 feet of the New Bedford Harbor, Fairhaven Harbor mean high water mark; and (ii) the owner or operator of the treatment unit, as determined by the department, presents the following information to the department for approval: (A) a description of the characteristics and quantity of the oily bilge water to be treated or otherwise managed at the treatment unit; (B) a description and conceptual plan of the activities, treatment units, facilities and processes to be used at the treatment unit, including flow diagrams; (C) relevant design and operation parameters of the treatment unit, including: (1) design criteria, assumptions and calculations; (2) expected treatment, destruction, immobilization or containment efficiencies and documentation of how that degree of effectiveness was determined; and (3) demonstration that the treatment unit will achieve the identified goals of reducing the frequency and volume of bilge oil spills; (D) design features for control of spills and accidental discharge or system malfunction including, but not limited to, containment structures, leak detection devices, runoff controls, pressure valves, bypass systems or safety cutoffs; and (E) a description of the methods for management or disposal of any treatment residual generated as a result of the treatment at the treatment unit;

(c) Information on the proposed plans prepared in accordance with industry-standard engineering and construction standards for the construction of the treatment unit shall be provided to the department by the operator or operator and shall include, but not be limited to: (i) plans, material specifications and procedures related to the construction of the treatment unit; and (ii) a schedule for the design and construction of the treatment unit.

(d) The owner or operator of a treatment unit shall provide the department with an operation, maintenance and monitoring plan to ensure the effective operations of the treatment unit under both ordinary and emergency conditions. The plan shall include, but not be limited to, as appropriate, the: (i) name and telephone number of the person conducting operation, maintenance or monitoring activities; (ii) general operating procedures, including startup, testing, maintenance, shutdown and emergency or contingency procedures; and (iii) specification of the type, frequency and duration of monitoring and testing or inspections to ensure and confirm that the treatment unit is performing as designed.”.