SF 3833

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; prohibiting the 
  1.3             discharge of unsterilized ballast water; requiring a 
  1.4             permit; amending Minnesota Statutes 1998, section 
  1.5             84D.01, by adding subdivisions; Minnesota Statutes 
  1.6             1999 Supplement, section 84D.12, subdivision 1; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 84D. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 84D.01, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 2a.  [BALLAST WATER.] "Ballast water" means water and 
  1.13  associated solids taken on board a vessel to control or maintain 
  1.14  trim, draft, stability, or stresses on the vessel, without 
  1.15  regard to the manner in which it is carried. 
  1.16     Sec. 2.  Minnesota Statutes 1998, section 84D.01, is 
  1.17  amended by adding a subdivision to read: 
  1.18     Subd. 15a.  [SEDIMENTS.] "Sediments" means any matter 
  1.19  settled out of ballast water within a vessel. 
  1.20     Sec. 3.  Minnesota Statutes 1998, section 84D.01, is 
  1.21  amended by adding a subdivision to read: 
  1.22     Subd. 15b.  [STERILIZED.] "Sterilized" means the treatment 
  1.23  of ballast water or sediments, or both, by filtration, thermal 
  1.24  methods, ultraviolet light, biocides, or other technique 
  1.25  approved by the department, to destroy or remove all living 
  1.26  biological organisms. 
  1.27     Sec. 4.  [84D.105] [DISCHARGE OF BALLAST WATER.] 
  2.1      (a) A person shall not operate a vessel on the waters of 
  2.2   the state that contains ballast water that was acquired outside 
  2.3   of the waters of the state unless the ballast water and any 
  2.4   sediments have been sterilized as required by the department. 
  2.5      (b) A person shall not discharge ballast water or 
  2.6   sediments, or both, directly or indirectly, into the waters of 
  2.7   the state unless the discharge is authorized by a permit issued 
  2.8   by the department. 
  2.9      (c) An application for a permit under this section shall be 
  2.10  submitted in the manner required by the department, and shall 
  2.11  contain the information required by the department and an 
  2.12  application fee as required by the department. 
  2.13     (d) The department shall establish a ballast water and 
  2.14  sediments inspection program that assures that aquatic nuisance 
  2.15  species do not enter the waters of the state through the direct 
  2.16  or indirect discharge of ballast water or sediments, or both. 
  2.17     Sec. 5.  Minnesota Statutes 1999 Supplement, section 
  2.18  84D.12, subdivision 1, is amended to read: 
  2.19     Subdivision 1.  [REQUIRED RULES.] The commissioner shall 
  2.20  adopt rules: 
  2.21     (1) designating infested waters, prohibited, regulated, and 
  2.22  unregulated exotic species; 
  2.23     (2) governing the application for and issuance of permits 
  2.24  under this chapter, which rules may include a fee schedule; and 
  2.25     (3) establishing a ballast water and sedimentation 
  2.26  discharge program under section 84D.105; and 
  2.27     (4) governing notification under section 84D.08.