1. (a) “Ballast Water Capacity” means the total volumetric capacity of any tanks, spaces, or compartments on a vessel used for carrying, loading or discharging ballast water, including any multi-use tank, space or compartment designed to allow carriage of ballast water.
2. (b) “Ballast Water Sample” means a unit of ballast water that may be collected for compliance assessment or research purposes.
3. (c) “Ballast Water Treatment System,” also referred to as a “Ballast Water Management System,” means any system that processes ballast water to remove, kill, or render nonviable organisms in ballast water prior to discharge or to avoid the uptake or discharge of organisms.
4. (d) “Colony Forming Unit” means a measure of viable bacteria in a sample.
5. (e) “Commission” means the California State Lands Commission.
6. (f) “Detailed Analysis” means a direct measurement of the organism's concentration in a representative sample to assess compliance with the discharge standards.

7. (g) “Exchange” means to replace the water in a ballast tank using either of the following methods:

   1. (1) “Flow through exchange,” which means to flush out ballast water by pumping three full volumes of near-coastal waters through the tank, continuously displacing water from the tank, to minimize the number of original coastal organisms remaining in the tank.
   2. (2) “Empty/refill exchange,” which means to pump out, until the tank is empty or as close to 100 percent empty as is safe to do so, the ballast water taken on in ports, or estuarine or territorial waters, then to refill the tank with near-coastal waters.
8. (h) “Functionality Monitoring” means monitoring of the applicable operational performance parameters to verify that the ballast water treatment system is operating according to the manufacturers' specifications.
9. (i) “Indicative Analysis” means a rapid preliminary assessment of the organism concentration in a representative sample of the ballast water volume of interest using biological, chemical, or physical parameters.
10. (j) “Land” has the same meaning as “land” in Public Resources Code section 71200(i).
11. (k) “mL” means milliliter.
12. (l) “Near-coastal waters” means waters that are more than 50 nautical miles from land and at least 200 meters (656 feet, 109 fathoms) deep.
13. (m) “Port” has the same meaning as “port” in Public Resources Code section 71200(n).
14. (n) “Public Water System” is defined the same as in Title 40 of the Code of Federal Regulations, section 141.2 (7-1-20 Edition), which is hereby incorporated by reference.
15. (o) “Sampling Port” means the equipment installed in the ballast water piping through which representative samples of the ballast water being discharged are extracted.
16. (p) “System Design Limitations” or “SDLs” are the physical or operational parameters important to the proper operation of the ballast water treatment system and designed to achieve the discharge performance standards (for example, minimum and maximum flow rates, time between ballast uptake and discharge, water quality limitations, operating environmental conditions, filter pressure, or ultraviolet transmittance).
17. (q) “Vessel” has the same meaning as in Section 71200, Public Resources Code, subdivision (r).

Unless the context otherwise requires, the following definitions shall govern the construction of this Article:

Note: Authority cited: Sections 71201.7 and 71205.3, Public Resources Code. Reference: Sections 71200, 71201.7, 71204, 71205.3 and 71206, Public Resources Code.

History

1. New section filed 10-15-2007; operative 1-1-2008 (Register 2007, No. 42).

2. New subsections (b), (g), (h), (j) and (k) and subsection relettering filed 10-1-2009; operative 10-31-2009 (Register 2009, No. 40).

3. Amendment of section and Note filed 10-14-2021; operative 1-1-2022 (Register 2021, No. 42). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

4. New subsections (g)-(g)(2), (j) and (l)-(m) and subsection relettering filed 6-16-2025 as an emergency; operative 6-16-2025 (Register 2025, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-15-2025 or emergency language will be repealed by operation of law on the following day.

5. New subsections (g)-(g)(2), (j) and (l)-(m) and subsection relettering refiled 12-15-2025 as an emergency; operative 12-15-2025 (Register 2025, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-16-2026 or emergency language will be repealed by operation of law on the following day.

6. New subsections (g)-(g)(2), (j) and (l)-(m) and subsection relettering refiled 3-16-2026 as an emergency; operative 3-16-2026 (Register 2026, No. 12). A Certificate of Compliance must be transmitted to OAL by 6-15-2026 or emergency language will be repealed by operation of law on the following day.