In the situation where a barge is towed by multiple tugboat operators or fleeters from different companies, may the barge owner submit the NOI for the barge?
The NOI for the discharges from the barge must be submitted by a party with operational control over the barge. If the barge owner meets the definition of “operator” of the barge in Part 7 of the VGP, the barge owner may submit the NOI for discharges from the barge. Discussion Under VGP §1.5, for vessels greater than or equal to 300 gross tons or that have the capacity to hold or discharge more than 8 cubic meters (2113 gallons) of ballast water, the owner or operator must submit a complete and accurate NOI within specified timeframes. Under the NPDES regulations, if a vessel is owned by one person but is operated by another, it is the operator’s duty to obtain a permit. 40 C.F.R. §122.21(b). For the purposes of the Vessel General Permit, an “operator” is any “party . . . who (1) has operational control over vessel activities, including the ability to modify those activities; or (2) has day-to-day operational control of those activities that are necessary to ensure compliance with the
