(1) ORS § 783.625 to 783.640 apply to all vessels carrying ballast water from a voyage into the waters of this state, except a vessel that:

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(a) Discharges ballast water only at the location where the ballast water originated, if the ballast water is not mixed with ballast water from areas other than open sea waters;

(b) Does not discharge ballast water in waters of this state;

(c) Traverses only the internal waters of this state;

(d) Traverses only the territorial sea of the United States and does not enter or depart an Oregon port or navigate the waters of this state;

(e) Discharges ballast water that originated solely from waters located between the parallel 40 degrees north latitude and the parallel 50 degrees north latitude on the west coast of North America; or

(f) Discharges ballast water that has been treated to remove organisms in a manner pursuant to rules adopted by the Environmental Quality Commission under ORS § 783.635.

(2) ORS § 783.625 to 783.640 do not authorize the discharge of oil or noxious liquid substances in a manner prohibited by state, federal or international laws or regulations. Ballast water containing oil or noxious liquid substances shall be discharged in accordance with the requirements applicable to those substances.

(3) Nothing in this section:

(a) Requires an open sea or coastal exchange if the owner or operator in charge of a vessel determines that performing an open sea or coastal exchange would threaten the safety or stability of the vessel or the safety of the vessel’s crew or passengers because of any extraordinary condition, including but not limited to adverse weather, vessel design limitations or equipment failure.

(b) Exempts the owner or operator in charge of a vessel from the reporting requirements under ORS § 783.640, whether or not ballast water is carried or discharged in the waters of this state. [2001 c.722 § 2; 2003 c.692 § 2; 2005 c.62 § 5; 2015 c.704 § 2]