StatA

§ 158.330

33 CFR Ch. I (7–1–14 Edition)

by a ship that must discharge NLS residue in order to proceed with repair
work, the ship repair yard must have a
reception facility that is capable of receiving—
(1) 50 cubic meters (13,210 gallons) of
NLS residue that contains a—
(i) Category A NLS that is not a solidifying NLS;
(ii) Category B NLS; or
(iii) Category C NLS; or
(iv) Category D NLS; or
(2) 75 cubic meters (19,810 gallons) of
NLS residue that contains a Category
A NLS that is a solidifying NLS cargo.
§ 158.330 Ports and terminals: Equipment.
Each port and terminal except ship
repair yards, in order to pass the inspection under § 158.160, must—
(a) At mean low tide and with the
ship’s manifold 10 feet above the surface of the water, be capable of receiving Category B or C NLS cargo during
the stripping operations at an average
flow rate of 6 cubic meters (1584 gallons)
per
hour
without
the
backpressure at the ship’s manifold exceeding 101.6 kPa (14.7 pounds per
square inch gauge) pressure; and
(b) Have an instruction manual that
lists the equipment and procedures for
meeting paragraph (a) of this section.
The instruction manual may be made
part of the operations manual that is
required under § 154.300 of this chapter.

Subpart D—Criteria for Adequacy
of Reception Facilities: Garbage
SOURCE: CGD 88–002, 54 FR 18409, Apr. 28,
1989, unless otherwise noted.

wreier-aviles on DSK5TPTVN1PROD with CFR

§ 158.400 Purpose.
The purpose of this subpart is to supply the criteria for determining the
adequacy of reception facilities for garbage at ports and terminals that receive ships and to comply with the Act
and Regulation 7 of Annex V to
MARPOL 73/78.
§ 158.410 Reception facilities: General.
(a) Except as allowed in paragraph (b)
of this section, the person in charge of
a port or terminal shall ensure that
each port or terminal’s reception facility.

(1) Is capable after August 28, 1989 of
receiving APHIS regulated garbage at
a port or terminal no later than 24
hours after notice under § 151.65 of this
chapter is given to the port or terminal, unless it only receives ships
that—
(i) Operate exclusively within the
navigable waters of the United States;
(ii) Operate exclusively between
ports or terminals in the continental
United States; or
(iii) Operate exclusively between continental United States ports or terminals and Canadian ports or terminals.
(2) Is capable of receiving medical
wastes or hazardous wastes defined in
40 CFR 261.3, unless the port or terminal operator can provide to the master, operator, or person in charge of a
ship, a list of persons authorized by
federal, state, or local law or regulation to transport and treat such
wastes;
(3) Is arranged so that it does not
interfere with port or terminal operations;
(4) Is conveniently located so that
mariners unfamiliar with the port or
terminal can find it easily and so that
it’s use will not be discouraged;
(5) Is situated so that garbage from
ships which has been placed in it cannot readily enter the water; and
(6) Holds each federal, state, and
local permit or license required by environmental and public health laws and
regulations concerning garbage handling.
(b) A reception facility for a ship repair yard does not have to meet the requirements of paragraph (a)(1) of this
section if it is capable of handling the
transfer of garbage from a ship before
the ship departs from the yard.
NOTE: The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) requires victual wastes
or garbage contaminated by victual wastes,
except from vessels that operate only between the continental United States and Canadian ports, to be incinerated or sterilized
in accordance with their regulations in 7
CFR 330.400 and 9 CFR 94.5.

§ 158.420 Reception facilities: Capacity
and exceptions.
Each day a port or terminal is in operation, the person in charge of a port
or terminal must provide, or ensure the

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