151.66—Operating requirements: Discharge of garbage in the Great Lakes and other navigable waters.
(a)
Except as otherwise provided in this section, no person on board any ship may discharge garbage into the navigable waters of the United States.
(b)
On the United States' waters of the Great Lakes, commercial ships, excluding non-self propelled barges that are not part of an integrated tug and barge unit, may discharge bulk dry cargo residues in accordance with this paragraph and paragraph (c) of this section. Owners and operators of ships to which these paragraphs apply are encouraged to minimize the volume of dry cargo residues discharged through the use of suitable residue control measures onboard and by loading and unloading cargo at facilities that use suitable shoreside residue control measures. As used in this paragraph and paragraph (c) of this section:
Apostle Islands National Lakeshore means the site on or near Lake Superior administered by the National Park Service, less Madeline Island, and including the Wisconsin shoreline of Bayfield Peninsula from the point of land at 46°57′19.7″ N, 90°52′51.0″ W southwest along the shoreline to a point of land at 46°52′56.4″ N, 91°3′3.1″ W.
Bulk dry cargo residues means non-hazardous and non-toxic residues of dry cargo carried in bulk, including limestone and other clean stone, iron ore, coal, salt, and cement. It does not include residues of any substance known to be toxic or hazardous, such as, nickel, copper, zinc, lead, or materials classified as hazardous in provisions of law or treaty;
Caribou Island and Southwest Bank Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning on the northernmost point and proceeding clockwise:
| 47°30.0′ N | 85°50.0′ W |
| 47°24.2′ N | 85°38.5′ W |
| 47°04.0′ N | 85°49.0′ W |
| 47°05.7′ N | 85°59.0′ W |
| 47°18.1′ N | 86°05.0′ W |
Detroit River International Wildlife Refuge means the U.S. waters of the Detroit River bound by the area extending from the Michigan shore at the southern outlet of the Rouge River to 41°54′ N, 083°06′ W along the U.S.-Canada boundary southward and clockwise connecting points:
| 42°02′ N | 083°08′ W |
| 41°54′ N | 083°06′ W |
| 41°50′ N | 083°10′ W |
| 41°44.52 N | 083°22′ W |
| 41°44.19 N | 083°27′ W |
Grand Portage National Monument means the site on or near Lake Superior, administered by the National Park Service, from a southwest corner of the monument point of land, 47°57.521′ 89°41.245′, to the northeast corner of the monument point of land, 47°57.888′ 89°40.725′.
Indiana Dunes National Lakeshore means the site on or near Lake Michigan, administered by the National Park Service, from a point of land near Gary, Indiana at 41°42′59.4″ N 086°54′59.9″ W eastward along the shoreline to 41°37′08.8″ N 087°17′18.8″ W near Michigan City, Indiana.
Integrated tug and barge unit means any tug barge combination which, through the use of special design features or a specially designed connection system, has increased seakeeping capabilities relative to a tug and barge in the conventional pushing mode;
Isle Royale National Park means the site on or near Lake Superior, administered by the National Park Service, where the boundary includes any submerged lands within the territorial jurisdiction of the United States within four and one-half miles of the shoreline of Isle Royale and the surrounding islands, including Passage Island and Gull Island.
Mile means a statute mile, and refers to the distance from the nearest land or island;
Milwaukee Mid-Lake Special Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning on the northernmost point and proceeding clockwise:
| 43°27.0′ N | 87°14.0′ W |
| 43°21.2′ N | 87°02.3′ W |
| 43°03.3′ N | 87°04.8′ W |
| 42°57.5′ N | 87°21.0′ W |
| 43°16.0′ N | 87°39.8′ W |
Northern Refuge means the area enclosed by rhumb lines connecting the coordinates, beginning on the northernmost point and proceeding clockwise:
| 45°45′ N | 86°00′ W, |
western shore of High Island, southern shore of Beaver Island:
| 45°30′ N | 85°30′ W |
| 45°30′ N | 85°15′ W |
| 45°25′ N | 85°15′ W |
| 45°25′ N | 85°20′ W |
| 45°20′ N | 85°20′ W |
| 45°20′ N | 85°40′ W |
| 45°15′ N | 85°40′ W |
| 45°15′ N | 85°50′ W |
| 45°10′ N | 85°50′ W |
| 45°10′ N | 86°00′ W |
Pictured Rocks National Lakeshore means the site on or near Lake Superior, administered by the National Park Service, from a point of land at 46°26′21.3″ N 086°36′43.2″ W eastward along the Michigan shoreline to 46°40′22.2″ N 085°59′58.1″ W.
Six Fathom Scarp Mid-Lake Special Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning on the northernmost point and proceeding clockwise:
| 44°55′ N | 82°33′ W |
| 44°47′ N | 82°18′ W |
| 44°39′ N | 82°13′ W |
| 44°27′ N | 82°13′ W |
| 44°27′ N | 82°20′ W |
| 44°17′ N | 82°25′ W |
| 44°17′ N | 82°30′ W |
| 44°28′ N | 82°40′ W |
| 44°51′ N | 82°44′ W |
| 44°53′ N | 82°44′ W |
| 44°54′ N | 82°40′ W |
Sleeping Bear Dunes National Lakeshore means the site on or near Lake Michigan, administered by the National Park Service, that includes North Manitou Island, South Manitou Island and the Michigan shoreline from a point of land at 44°42′45.1″ N 086°12′18.1″ W north and eastward along the shoreline to 44°57′12.0″ N 085°48′12.8″ W.
Stannard Rock Protection Area means the area within a 6 mile radius from Stannard Rock Light, at 47°10′57″ N 87°13′34″ W;
Superior Shoal Protection Area means the area within a 6 mile radius from the center of Superior Shoal, at 48°03.2′ N 87°06.3′ W;
Thunder Bay National Marine Sanctuary means the site on or near Lake Huron designated by the National Oceanic and Atmospheric Administration as the boundary that forms an approximately rectangular area by extending along the ordinary high water mark between the northern and southern boundaries of Alpena County, cutting across the mouths of rivers and streams, and lakeward from those points along latitude lines to longitude 83 degrees west. The coordinates of the boundary are:
| 45°12′25.5″ N | 83°23′18.6″ W |
| 45°12′25.5″ N | 83°00′00″ W |
| 44°51′30.5″ N | 83°00′00″ W |
| 44°51′30.5″ N | 83°19′17.3″ W |
Waukegan Special Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning on the northernmost point and proceeding clockwise:
| 42°24.3′ N | 87°29.3′ W |
| 42°13.0′ N | 87°25.1′ W |
| 42°12.2′ N | 87°29.1′ W |
| 42°18.1′ N | 87°33.1′ W |
| 42°24.1′ N | 87°32.0′ W; and |
Western Basin means that portion of Lake Erie west of a line due south from Point Pelee.
| Location | Cargo | Discharge allowed except as noted |
|---|---|---|
| Tributaries, their connecting rivers, and St. Lawrence River | Limestone and other clean stone | Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water intakes. |
| All other cargos | Prohibited. | |
| Lake Ontario | Limestone and other clean stone | Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water intakes. |
| Iron ore | Prohibited within 6 miles from shore. | |
| All other cargos | Prohibited within 13.8 miles from shore. | |
| Lake Erie | Limestone and other clean stone | Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water intakes; prohibited in the Detroit River International Wildlife Refuge; prohibited in Western Basin, except that a vessel operating exclusively within Western Basin may discharge limestone or clean stone cargo residues over the dredged navigation channels between Toledo Harbor Light and Detroit River Light. |
| Iron ore | Prohibited within 6 miles from shore; prohibited in the Detroit River International Wildlife Refuge; prohibited in Western Basin, except that a vessel may discharge residue over the dredged navigation channels between Toledo Harbor Light and Detroit River Light if it unloads in Toledo or Detroit and immediately thereafter loads new cargo in Toledo, Detroit, or Windsor. | |
| Coal, salt | Prohibited within 13.8 miles from shore; prohibited in the Detroit River International Wildlife Refuge; prohibited in Western Basin, except that a vessel may discharge residue over the dredged navigation channels between Toledo Harbor Light and Detroit River Light if it unloads in Toledo or Detroit and immediately thereafter loads new cargo in Toledo, Detroit, or Windsor. | |
| All other cargos | Prohibited within 13.8 miles from shore; prohibited in the Detroit River International Wildlife Refuge; prohibited in Western Basin. | |
| Lake St. Clair | Limestone and other clean stone | Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water intakes. |
| All other cargos | Prohibited. | |
| Lake Huron except Six Fathom Scarp Mid-Lake Special Protection Area | Limestone and other clean stone | Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water intakes; prohibited in the Thunder Bay National Marine Sanctuary. |
| Iron ore | Prohibited within 6 miles from shore and in Saginaw Bay; prohibited in the Thunder Bay National Marine Sanctuary; prohibited for vessels up bound along the Michigan thumb as follows:(1) Between 5.8 miles northeast of entrance buoys 11 and 12 to the track line turn abeam of Harbor Beach, prohibited within 3 miles from shore; and (2) For vessels bound for Saginaw Bay only, between the track line turn abeam of Harbor Beach and 4 nautical miles northeast of Point Aux Barques Light, prohibited within 4 miles from shore and not less than 10 fathoms of depth. | |
| Coal, salt | Prohibited within 13.8 miles from shore and in Saginaw Bay; prohibited in the Thunder Bay National Marine Sanctuary; prohibited for vessels up bound from Alpena into ports along the Michigan shore south of Forty Mile Point within 4 miles from shore and not less than 10 fathoms of depth. | |
| All other cargos | Prohibited within 13.8 miles from shore and in Saginaw Bay; prohibited in the Thunder Bay National Marine Sanctuary. | |
| Lake Michigan | Limestone and other clean stone | Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water intakes; prohibited within the Milwaukee Mid-Lake and Waukegan Special Protection Areas; prohibited within the Northern Refuge; prohibited within 3 miles of the shore of the Indiana Dunes and Sleeping Bear National Lakeshores; prohibited within Green Bay. |
| Iron ore | Prohibited in the Northern Refuge; north of 45° N, prohibited within 12 miles from shore and in Green Bay; south of 45° N, prohibited within 6 miles from shore, and prohibited within the Milwaukee Mid-Lake and Waukegan Special Protection Areas, in Green Bay, and within 3 miles of the shore of Indiana Dunes and Sleeping Bear National Lakeshores; except that discharges are allowed at: | |
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Code of Federal Regulations
252
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| (1) 4.75 miles off Big Sable Point Betsie, along established Lake Carriers Association (LCA) track lines; and | ||
| (2) Along 056.25° LCA track line between due east of Poverty Island to a point due south of Port Inland Light. | ||
| Coal | Prohibited in the Northern Refuge; prohibited within 13.8 miles from shore and prohibited within the Milwaukee Mid-Lake and Waukegan Special Protection Areas, in Green Bay, and within 3 miles of the shore of Indiana Dunes and Sleeping Bear National Lakeshores; except that discharges are allowed: | |
| (1) Along 013.5° LCA track line between 45° N and Boulder Reef, and along 022.5° LCA track running 23.25 miles between Boulder Reef and the charted position of Red Buoy #2; | ||
| (2) Along 037° LCA track line between 45°20′ N and 45°42′ N;(3) Along 056.25° LCA track line between points due east of Poverty Island to a point due south of Port Inland Light; and (4) At 3 miles from shore for coal carried between Manistee and Ludington along customary routes. | ||
| Salt | Prohibited in the Northern Refuge; prohibited within 13.8 miles from shore and prohibited within the Milwaukee Mid-Lake and Waukegan Special Protection Areas, in Green Bay, and within 3 miles of the shore of Indiana Dunes and Sleeping Bear National Lakeshores, and in Green Bay. | |
| All other cargos | Prohibited in the Northern Refuge; prohibited within 13.8 miles from shore and prohibited within the Milwaukee Mid-Lake and Waukegan Special Protection Areas, in Green Bay, and within 3 miles of the shore of Indiana Dunes and Sleeping Bear National Lakeshores. | |
| Lake Superior | Limestone and other clean stone | Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water intakes; and prohibited within Isle Royal National Park and the Caribou Island and Southwest Bank, Stannard Rock, and Superior Shoal Protection Areas, and within 3 miles of the shore of the Apostle Islands and Pictured Rocks National Lakeshores or the Grand Portage National Monument. |
| Iron ore | Prohibited within 6 miles from shore (within 3 miles off northwestern shore between Duluth and Grand Marais); and prohibited within Isle Royal National Park and the Caribou Island and Southwest Bank, Stannard Rock, and Superior Shoal Protection Areas, and within 3 miles of the shore of the Apostle Islands and Pictured Rocks National Lakeshores or the Grand Portage National Monument. | |
| Coal, salt | Prohibited within 13.8 miles from shore (within 3 miles off northwestern shore between Duluth and Grand Marais); and prohibited within Isle Royal National Park and the Caribou Island and Southwest Bank, Stannard Rock, and Superior Shoal Protection Areas, and within 3 miles of the shore of the Apostle Islands and Pictured Rocks National Lakeshores or the Grand Portage National Monument. | |
| Cement | Prohibited within 13.8 miles from shore (within 3 miles offshore west of a line due north from Bark Point); and prohibited within Isle Royal National Park and the Caribou Island and Southwest Bank, Stannard Rock, and Superior Shoal Protection Areas, and within 3 miles of the shore of the Apostle Islands and Pictured Rocks National Lakeshores or the Grand Portage National Monument. | |
| All other cargos | Prohibited within 13.8 miles from shore; and prohibited within Isle Royal National Park and the Caribou Island and Southwest Bank, Stannard Rock, and Superior Shoal Protection Areas, and within 3 miles of the shore of the Apostle Islands and Pictured Rocks National Lakeshores or the Grand Portage National Monument. | |
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Code of Federal Regulations
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(c)
(1)
The master, owner, operator, or person in charge of any commercial ship loading, unloading, or discharging bulk dry cargo in the United States' waters of the Great Lakes and the master, owner, operator, or person in charge of a U.S. commercial ship transporting bulk dry cargo and operating anywhere on the Great Lakes, excluding non-self propelled barges that are not part of an integrated tug and barge unit, must ensure that a written record is maintained on the ship that fully and accurately records information on:
(i)
Each loading or unloading operation on the United States' waters of the Great Lakes, or in the case of U.S. commercial ships on any waters of the Great Lakes, involving bulk dry cargo; and
(ii)
Each discharge of bulk dry cargo residue that takes place in United States' waters of the Great Lakes, or in the case of U.S. commercial ships on any waters of the Great Lakes.
(v)
The method or methods used to control the amount of bulk dry cargo residue, either onboard the ship or at the facility;
(vii)
The estimated volume of bulk dry cargo residue created by the loading or unloading operation that is to be discharged.
(ii)
The ship's position, in latitude and longitude, when the discharge started and when the discharge ended; and
(iv)
Records must be kept on Coast Guard Form CG-33, which can be found at http://www.uscg.mil/hq/cg5/cg522/cg5224/dry_cargo.asp. The records must be certified by the master, owner, operator, or person in charge and kept in written form onboard the ship for at least two years. Copies of the records must be forwarded to the Coast Guard at least once each quarter, no later than the 15th day of January, April, July, and October. The record copies must be provided to the Coast Guard using only one of the following means:
(C)
Mail to U.S. Coast Guard: Commandant (CG-522), ATTN: DCR RECORDKEEPING, 2100 2nd St., SW., Stop 7126, Washington, DC 20593-7126.