2012 Ocean Ranger Guidebook Revision 3-7-12 - Alaska ...

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2012 Ocean Ranger Guidebook 3-7-12 (iii) Garbage generated onboard any means of conveyance during interstate movement from Hawaii is regulated under paragraph (c) of this section. (2) Restrictions on interstate movement of garbage. The interstate movement of garbage generated in Hawaii to the continental United States is regulated as provided in this section. (i) The garbage must be processed, packaged, safeguarded, and disposed of using a methodology that the Administrator has determined is adequate to prevent the introduction and dissemination of plant pests into noninfested areas of the United States. (ii) The garbage must be moved under a compliance agreement in accordance with paragraph (e) of this section. APHIS will only enter into a compliance agreement when the Administrator is satisfied that the Agency has first satisfied all its obligations under the National Environmental Policy Act and all applicable Federal and State statutes to fully assess the impacts associated with the movement of garbage under the compliance agreement. (iii) All such garbage moved interstate from Hawaii to any of the continental United States must be moved in compliance with all applicable laws for environmental protection. (e) Compliance agreement and cancellation —(1) Any person engaged in the business of handling or disposing of garbage in accordance with this section must first enter into a compliance agreement with the Animal and Plant Health Inspection Service (APHIS). Compliance agreement forms (PPQ Form 519) are available without charge from local USDA/APHIS/Plant Protection and Quarantine offices, which are listed in telephone directories. (2) A person who enters into a compliance agreement, and employees or agents of that person, must comply with the following conditions and any supplemental conditions which are listed in the compliance agreement, as deemed by the Administrator to be necessary to prevent the introduction and dissemination into or within the United States of plant pests and livestock or poultry diseases: (i) Comply with all applicable provisions of this section; (ii) Allow inspectors access to all records maintained by the person regarding handling or disposal of garbage, and to all areas where handling or disposal of garbage occurs; (iii)(A) If the garbage is regulated under paragraph (c) of this section, remove garbage from a means of conveyance only in tight, covered, leak-proof receptacles; (B) If the garbage is regulated under paragraph (d) of this section, transport garbage interstate in sealed, leak-proof packaging approved by the Administrator; (iv) Move the garbage only to a facility approved by the Administrator; and (v) At the approved facility, dispose of the garbage in a manner approved by the Administrator and described in the compliance agreement. (3) Approval for a compliance agreement may be denied at any time if the Administrator determines that the applicant has not met or is unable to meet the requirements set forth in this section. Prior to denying any application for a compliance agreement, APHIS will provide notice to the applicant thereof, and will provide the applicant with an opportunity to demonstrate or achieve compliance with requirements. (4) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this section. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. This administrative remedy must be exhausted before a person can file suit in court challenging the cancellation of a compliance agreement. (5) Where a compliance agreement is denied or canceled, the person who entered into or applied for the compliance agreement may be prohibited, at the discretion of the Administrator, from handling or disposing of regulated garbage. Job Aid Item: 2.2.c Text: Procedures to minimize amount of potential garbage IAW 40 CFR262.27 What to check for: If the ship has initiated a transfer of hazardous waste, does it attempt to minimize waste generation? Examples include recycling or separation of wastes. Another example would be substation of a cleaning product or solvent with a nontoxic alternative. 104
2012 Ocean Ranger Guidebook 3-7-12 Citation: 40 CFR 262.27 Waste minimization certification. A generator who initiates a shipment of hazardous waste must certify to one of the following statements in Item 15 of the uniform hazardous waste manifest: (a) ``I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment;'' or (b) ``I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford.'' Job Aid Item: 2.2.d Text: Grinders in compliance with 33 CFR 151.75 Background: This item is to check for the potential to discharge large items when the requirements are for small pieces. This should reduce the chance of items like food waste floating back to shore. This item may be hard to check unless equipment is open for cleaning or maintenance. What to check for: For ships that discharge food wastes, ground glass, or other materials outside of 12nm check that screen opening are less than 1 inch. Citation: 33 CFR 151.75 Grinders or comminuters. Each grinder or comminuter used to discharge garbage in accordance with §151.69(a)(2) or §151.73(b)(1), must be capable of processing garbage so that it passes through a screen with openings no greater than 25 millimeters (one inch). Job Aid Item: 2.2.e Text: Valves and flappers on chutes In compliance with AS 46.03.710 Background: Most cruise ships have discharge chutes or “tunnels”. These chutes are often close to the solid waste processing area. Some ships have multiple chutes. The chutes can have valves or flappers. Most ships have procedures for locking valves or chutes. Some ships have welded these shut to avoid use. 105
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