Introduction
Cruise ships can carry up to 5,000 people and create tremendous
amounts of waste. During a one-week trip, a typical cruise
ship produces 50 tons of garbage, 1 million gallons of graywater
(wastewater from sinks, showers, galleys, and laundry facilities),
210,000 gallons of sewage and 35,000 gallons of oil-contaminated
water.(1) Between 1993 and 1998,
there were 87 confirmed illegal discharges from cruise ships
in state waters (81 cases involving oil; 6 involving garbage
or plastic). An additional 17 “other alleged incidents” were
referred to the countries where the cruise ships were registered.
The industry paid more than $30 million in fines for violations
and three cruise lines were placed on five-year felony probations.(2)
Until recently, little state or federal action has taken
place to sufficiently address the pollution associated with
the cruise ship industry. A few coastal states have passed
laws to address this issue. Other states have entered into
a “Memorandum of Understanding,” or MOU, with cruise ship
companies. These agreements are based on trust, not the
law, and do not have the same teeth as regulations. The
industry violated MOUs it entered into with both Alaska
and Hawaii, prompting each state to pursue legislation addressing
cruise ship pollution.
A study of §312 of the federal Clean Water Act (CWA) by
the National Association of Attorneys General found that
the CWA does not preempt more stringent state regulations
in this area, such as state reporting requirements.(3)
Section 510 of the CWA specifically authorizes states to
adopt and enforce more stringent standards or limits on
discharges, and more stringent controls and abatement of
pollution, than is required under the CWA. It prohibits
states from adopting more lenient – but not more stringent
– standards than provided under the CWA.(4)
Although air pollution is not the primary focus of this
state activity page, diesel emissions from cruise ships
while at port are a significant source of air pollution;
an estimated one-third of ship emissions occur while they
are idling at berth. While docked, vessels shut off their
main engines but use auxiliary diesel and steam engines
to power refrigeration, lights, pumps, and other functions.
Replacing auxiliary engines with on-shore electric power
could significantly reduce emissions, a process dubbed “cold-ironing.”(5)
Federal Action
The Clean Cruise Ship Act of 2004 (S
2271 / HR
4101) was introduced in both the U.S. House and Senate
with bipartisan support. The act would prevent cruise ships
from dumping sewage and polluted water into coastal waters.
Federal action that specifically addresses cruise ship pollution
is necessary because it will help deter the industry from
dumping off the coast of states that have no pertinent law.
Both bills are in committee.
State Action
Alaska
Between 1999 and 2001, there were 39 confirmed illegal discharges
into Alaska’s state waters. There was only one such violation
between 2002 and 2003, following the passage of the Alaska
Cruise Ship Initiative in July 2001. Based on the results
of monitoring done during the summer of 2000, Alaska Governor
Tony Knowles introduced the initiative to strengthen state
monitoring of the cruise industry’s waste disposal practices.
The law provides: 1) A verified program of sampling, testing,
and reporting of wastewater and air discharges from cruise
ships; 2) An enforceable standard for what cruise ships
may discharge into Alaska waters; and 3) A method of payment
for the program (a $1 surcharge per cruise ship passenger).
California
Three bills designed to curb water and air pollution generated
by cruise ships in, or near, California waters were taken
up by the state legislature this session. The legislation
is needed because cruise ship traffic has increased 50 percent
in state waters during the last two years(6)
and the lack of appropriate regulation has led to disasters
such as the one that occurred off the coast of Monterey
in October 2002: Monterey banned the cruise ship Crystal
Harmony for life, after the vessel, according to the state
Water Resources Control Board, discharged more than 34,078
gallons of graywater, 264 gallons of treated black water,
and 2,118 gallons of processed bilge water while within
the nearby marine sanctuary.(7)
Prior to these bills, California state laws prohibited dumping
raw sewage within three miles of the coast, but did not
outlaw dumping graywater or other filtered water that may
still contain contaminants. AB
121, which is now law, prohibits cruise ships from dumping
sewage, sewage sludge, or oily bilge water into state waters.
AB
906, also now law, prohibits the dumping of graywater
and hazardous waste within state waters. AB
471, currently in committee, would prohibit ships from
using onboard waste incinerators while within 90 miles of
the coast and would eventually require ships within 25 miles
of the California coast to use cleaner-burning diesel fuel.
Hawaii
Rep. Brian Schatz, Chairman of the Economic Development
and Business Concerns Committee, recently proposed legislation
that would amend Hawaii's Clean Water Act and ban discharges
of sewage, wash-water drainage, oily bilge water, solid
waste, hazardous waste, and medical waste into state waters.
Cruise ships would be required to install devices that would
allow the Department of Health to more cost-effectively
monitor discharges. Furthermore, cruise companies would
be required to register ships, immediately report violations,
and allow officials to board vessels for inspections. Cruise
companies have had a MOU with the state to limit air and
water emissions; however, several cruise companies admit
to violating the agreement by taking actions such as dumping
treated sewage in Penguin Bank, a protected fishing ground
off the south coast of Moloka'i that is frequented by humpback
whales. SB
2476 was held in committee at the end of Hawaii’s legislative
session this year.
Maine
Governor James Baldacci signed LD
1158, a bill that regulates cruise ship dumping of graywater
off Maine’s coast, into law in spring 2004. The law is not
as stringent as the sponsors’ original version of the bill.
Under the new law, which applies to ships that carry 250
or more passengers, ships with Coast Guard-approved advanced
treatment systems will continue to be allowed to discharge
waste within three miles of the state’s coast. Beginning
in 2006, ships with such treatment processes will have to
apply for a five-year permit from the state’s Department
of Environmental Protection. Ships without the treatment
system can continue to discharge four miles offshore while
under way. All ships will be required to keep a log of discharges
and file the information with the state.
Washington
The Washington state Ecology Department, the Port of Seattle,
and the Northwest Cruise Ship Association reached a MOU
in April 2004. Under the agreement, cruise ships must use
some of the latest Coast Guard-approved equipment to treat
and dump sewage and wastewater inside Washington waters,
and they may not dump heavier sewage sludge within 12 miles
of the coast. Cruise ships may not discharge waste in Washington
waters unless it is treated using a state-of-the-art treatment
system. The ships must be a mile away from port at Elliott
Bay and must be moving, at least, 6 knots to disperse the
waste. Cruise ships must add more intense filtration, including
ultraviolet treatment, to be allowed to discharge their
waste at port. The new rules also prohibit cruise ships
from dumping sludge, the leftover solids from wastewater
treatment, within 12 miles of any Washington shore. There
are additional restrictions to keep cruise ships from dumping
near the Olympic Coast National Marine Sanctuary, off Washington's
northwest coastline. The agreement also requires cruise
lines to test discharges monthly and submit reports, which
will be available to the public and the state. Ecology Department
officials are allowed to board ships and audit testing any
time and the state maintains its right to impose fines or
other penalties if cruise ships willfully violate water
quality standards.
Although it was held up in committee at the end of Washington’s
legislative session, HB
2549:
- Requires cruise ships to register with the state and
agree to comply with state discharge rules.
- Prohibits the discharge of untreated waste waters, sewage,
solid waste, and hazardous waste.
- Requires cruise ships to monitor and report discharges,
while empowering the state Department of Ecology to independently
monitor discharges. State monitoring would be funded by
charging cruise lines a per-passenger fee of no more than
$1.75.
- Creates a "Washington Certified Clean Water Cruise
Ship" designation to recognize ships that are environmentally
friendly.
- Authorizes fines of up to $25,000 per day for violations.
Press Clips
News Articles
Reports
Links
- Bluewater
Network was instrumental in getting the Clean Cruise
Ship Act of 2004 heard by Congress.
- Oceana
works worldwide to curb cruise ship pollution.
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