Discharge Incidental to the Normal Operation of a Vessel Law and Legal Definition

According to 40 CFR 1700.3 [Title 40 : Protection Of Environment Chapter Vii; Environmental Protection Agency And Department Of Defense; Uniform National Discharge Standards For Vessels Of The Armed Forces; Part 1700; Uniform National Discharge Standards For Vessels Of The Armed Forces; Subpart A, Scope ] Discharge incidental to the normal operation of a vessel means “a discharge, including, but not limited to: gray water, bilge water, cooling water, weather deck runoff, ballast water, oil water separator effluent, and any other pollutant discharge from the operation of a marine propulsion system, shipboard maneuvering system, crew habitability system, or installed major equipment, such as an aircraft carrier elevator or a catapult, or from a protective, preservative, or absorptive application to the hull of a vessel; and a discharge in connection with the testing, maintenance, and repair of any of the aforementioned systems whenever the vessel is waterborne, including pier side. A discharge incidental to normal operation does not include:

(1) Sewage;

(2) A discharge of rubbish, trash, or garbage;

(3) A discharge of air emissions resulting from the operation of a vessel propulsion system, motor driven equipment, or incinerator;

(4) A discharge that requires a National Pollutant Discharge Elimination System (NPDES) permit under the Clean Water Act; or

(5) A discharge containing source, special nuclear, or byproduct materials regulated by the Atomic Energy Act.”