S T A T E O F N E W Y O R K
________________________________________________________________________
5705
2023-2024 Regular Sessions
I N A S S E M B L Y
March 22, 2023
___________
Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law and the navigation
law, in relation to prohibiting the discharge of bilge water into
waters of the state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 17-0105 of the environmental conservation law is
amended by adding a new subdivision 24 to read as follows:
24. "OILY BILGE WATER" OR "BILGE WATER" MEANS THE MIXTURE OF WATER,
OILY FLUIDS, LUBRICANTS AND GREASE, CLEANING FLUIDS AND OTHER WASTES
THAT ACCUMULATE IN THE LOWEST PART OF A VESSEL FROM A VARIETY OF SOURC-
ES, INCLUDING ENGINES AND OTHER PARTS OF THE PROPULSION SYSTEM, PIPING,
AND OTHER MECHANICAL AND OPERATIONAL SOURCES FOUND THROUGHOUT THE
MACHINERY SPACES OF A VESSEL.
§ 2. The environmental conservation law is amended by adding a new
section 17-0508 to read as follows:
§ 17-0508. PROHIBITION AGAINST DISCHARGE OF BILGE WATER.
1. IT SHALL BE UNLAWFUL FOR ANY PERSON, DIRECTLY OR INDIRECTLY, TO
PLACE, THROW, DEPOSIT, OR OTHERWISE DISCHARGE INTO THE WATERS OF THIS
STATE ANY BILGE WATER AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION
17-0105 OF TITLE ONE OF THIS ARTICLE FROM ANY VESSEL, WATERCRAFT, MARINA
OR MOORING.
2. FOR THE PURPOSES OF THIS SECTION "WATERS OF THE STATE" MEANS ALL OF
THE WATERWAYS, OR BODIES OF WATER LOCATED WITHIN NEW YORK STATE OR THAT
PART OF ANY BODY OF WATER WHICH IS ADJACENT TO NEW YORK STATE OVER WHICH
THE STATE HAS TERRITORIAL JURISDICTIONS ON WHICH WATERCRAFT MAY BE USED
OR OPERATED.
3. SEVERABILITY. THE PROVISIONS OF THIS SECTION SHALL BE SEVERABLE AND
IF ANY PORTION THEREOF OR THE APPLICABILITY THEREOF TO ANY PERSON OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06296-01-3
A. 5705 2
CIRCUMSTANCE IS HELD INVALID, THE REMAINDER OF THIS SECTION AND THE
APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
§ 3. Subdivision 1 of section 33-c of the navigation law is amended by
adding a new paragraph (k) to read as follows:
(K) THE TERM "OILY BILGE WATER" OR "BILGE WATER" MEANS THE MIXTURE OF
WATER, OILY FLUIDS, LUBRICANTS AND GREASE, CLEANING FLUIDS AND OTHER
WASTES THAT ACCUMULATE IN THE LOWEST PART OF A VESSEL FROM A VARIETY OF
SOURCES, INCLUDING ENGINES AND OTHER PARTS OF THE PROPULSION SYSTEM,
PIPING, AND OTHER MECHANICAL AND OPERATIONAL SOURCES FOUND THROUGHOUT
THE MACHINERY SPACES OF A VESSEL.
§ 4. Subdivision 2 of section 33-c of the navigation law is amended by
adding a new paragraph (c) to read as follows:
(C) NO PERSON, WHETHER ENGAGED IN COMMERCE OR OTHERWISE, SHALL PLACE,
THROW, DEPOSIT, OR DISCHARGE, OR CAUSE TO BE PLACED, THROWN, DEPOSITED,
OR DISCHARGED ANY BILGE WATER INTO THE WATERS OF THIS STATE, FROM ANY
VESSEL, WATERCRAFT, MARINA OR MOORING.
§ 5. This act shall take effect immediately.