Michigan Ballast Water Legislation
The State of Michigan led the Great Lakes in first introducing and then ultimately adopting industry supported ballast water legislation in 2001 (Act Number 114, Public Acts of 2001). Michigan now finds itself alone because of the legislation adopted in 2005 (Act Number 33, Public Acts of 2005). It is the only Great Lakes state that prohibits an ocean-going vessel from discharging treated ballast water while conducting port operations in Michigan waters without a Michigan Ballast Water Discharge Permit. Such a permit requires the ocean-going vessel to install one
of four approved Michigan Department of Environment and Quality (MDEQ) treatment technologies.
This requirement became effective on January 1, 2007. Michigan does not issue a specific Ballast Water Discharge Permit. It issues a Ballast Water Control General Permit. Every ship that loads or unloads cargo in Michigan has to have this Permit, whether or not it discharges ballast water. However, to date, not a single discharge permit has been issued, let alone been applied for; according to MDEQ. The deep sea ballast exchange and salt water flushing of NOBOB tanks became mandatory for all ocean-going vessels seeking to enter the Great Lakes in March, 2008 and every ballast tank in every ocean-going vessel is verified before being permitted to enter the Saint Lawrence Seaway and the Great Lakes System.
The marine transportation industry (carriers, shippers, stevedores and terminal and warehouse operators) are lobbying the case that Michigan should, on an interim basis, consider bringing its ballast water regulation in line with the other Great Lakes states, if only temporarily and on a case-by-case basis. The labor unions are another force joining the marine industry in wanting Michigan to bring its ballast water regulations in line with other states.
Contrarily, the National Wildlife Federation and the Natural Resources Defense Council does not object to the ballast water public policy as a protection against the invasion of alien species entering the fresh waters of the Great Lakes and the Saint Lawrence Seaway System. However, the Ballast Water Permit policy has stopped all ocean-going vessels seeking to enter the Great Lakes through the Saint Lawrence Seaway, and this has prevented Michigan industries from exporting their goods carried on ocean-going vessels.
The right to private property is the social-political principle that adult human beings may not be prohibited or prevented by anyone from acquiring, holding and trading valued items not already owned by others. Such a right is unalienable and is justified to enjoy, respect and receive legal protection in a just humane community, thus a justification for the flow of free trade and commerce in the United States. The argument of the right to private property can be raised by the marine industry and the Michigan businesses regarding their inability to export their goods to markets overseas via ocean-going vessels. Exports are important in creating jobs and to stimulating economic growth, especially in distressed urban centers.
New email address: Solomon@portdetroit.com
Category: Feature Articles
