721 



(c) As soon as practicable, the disposal of polluted dredged 

 spoil in open water should be carried out in a manner consistent 

 with the achievement of the water quality objectives, and should 

 be phased out. 



3. Consultations. Upon completion of the review provided for in 

 paragraph 2 above, the Parties shall consult pursuant to Article IX 

 of the Agreement to consider and act upon the recommendations of 

 the working group. 



4. Interim Actions. Pending the development of compatible criteria 

 and programs : 



(a) Dredged spoil found by the appropriate regulatory agen- 

 cies to be polluted shall be disposed of in confined areas when they 

 are available ; 



(b) The responsible agencies shall continue efforts to develop 

 sites for confined areas. 



Annex 7 



dischaeges from onshore and ofeshore facilities 



1. Definitions. As used in this Annex : 



(a) "Discharge" means the introduction of oil or hazardous 

 polluting substances into receiving waters and includes, but is not 

 limited to, any spilling, leaking, pumping, pouring, emitting or 

 dumping ; it does not include continuous effluent discharges from 

 municipal or industrial treatment facilities ; 



(b) "Harmful quantity of oil" means any quantity of oil that, 

 if discharged into receiving waters, would produce a film or sheen 

 upon, or discoloration of the surface of the water or adjoining 

 shoreline, or that would cause a sludge or emulsion to be deposited 

 beneath the surface of the water or upon adjoining shoreline; 



(c) "Offshore facility" means any facility of any kind located 

 in, on or under any water ; 



(d) "Onshore facility" means any facility of any kind located 

 in, on or under, any land other than submerged land. 



2. Facilities. The term "facility" includes motor vehicles, rolling 

 stock, pipelines, and any other facility that is used or capable of being 

 used for the purpose of processing, producing, storing, transferring or 

 transporting oil or hazardous polluting substances, but excludes ves- 

 sels. 



3. Oil. As used in this Annex, "oil" refers to oil of any kind or in 

 any form, including, but not limited to petroleum, fuel oil, oil sludge, 

 oil refuse, and oil mixed with wastes, but does not include constituents 

 of dredged spoil. 



4. Principles. Kegulations shall be adopted for the prevention of 

 discharges into the Great Lakes System of harmful quantities of oil 

 and hazardous polluting substances from onshore and offshore facili- 

 ties in accordance with the following principles : 



(a) Discharges of harmful quantities of oil or hazardous pollut- 

 ing substances shall be prohibited and made subject to appropri- 

 ate penalties ; 



(b) As soon as any person in charge has knowledge of any dis- 

 charge of harmful quantities of oil or hazardous polluting sub- 



