Derelict Vessel Program

NOTICE OF INTENT TO OBTAIN CUSTODY

 

VESSEL RENAISSANCE with WN 5014SK registration


The Authorized Public Entity (CITY OF BAINBRIDGE ISLAND) declared the vessel RENAISSANCE, with WN5014SK, an emergency because it meets the criteria for temporary possession described under RCW 79.100.040(3). CITY OF BAINBRIDGE ISLAND took temporary possession of the vessel and towed the vessel from Eagle Harbor, City of Bainbridge Island, Kitsap County, in order to prevent it from sinking, breaking up, or posing a threat to human health and safety or the environment.  The vessel is now at South Park Marina, Seattle Washington.


CITY OF BAINBRIDGE ISLAND, acting as an authorized public entity with the authority granted in RCW 79.100, intends to take full and formal custody of the vessel on 2/14/20 (Custody Date).  After taking custody of the vessel, CITY OF BAINBRIDGE ISLAND may use or dispose of it without further notice to the owner. 


In order to keep the vessel, before the Custody Date, the owner must:

Pay Entity back for costs incurred, and

Move the vessel to an anchorage area, moorage facility, or storage location that authorizes the vessel.


If the owner wants to reclaim the vessel after CITY OF BAINBRIDGE ISLAND has custody, or wants to challenge CITY OF BAINBRIDGE ISLAND decision to take custody, the owner must file a written appeal with the Pollution Control Hearings Board (PCHB) and serve a copy on CITY OF BAINBRIDGE ISLAND.  Addresses are in the boxes below:


Pollution Control Hearings Board (send one original and one copy)

Physical address:      1111 Israel Road, Ste 301

                                                                   Tumwater, WA 98501

Mailing address:         PO Box 40903

                                      Olympia, WA 98504-0903

Phone:                            360-664-9160

 

CITY OF BAINBRIDGE ISLAND

Bainbridge Island Police Department

625 Winslow Way E

Bainbridge Island, WA 98110



The appeal must include the following information:

A copy of this notice or a copy of the notification letter to the owner. 

Your name and address (mailing and legal, if different) and, if applicable, the name and address of your representative.

A daytime phone number.

A brief statement why you are appealing.

A statement of what you want the Pollution Control Hearings Board to do.

Your signature or that of your representative. This signature certifies that the content of the appeal is true.


For additional information about the Pollution Control Hearings Board Appeal Process, see http://www.eluho.wa.gov/Global/Reader?title=PCHB%20Appeal%20Process&path=Procedure_Appeal_PCHB or call the PCHB at the number above with appeal questions.

The owner may submit the appeal immediately, but the PCHB must receive it no later than 3/16/20 (Appeal Date).  The owner waives the right to a hearing if the PCHB does not receive an appeal on or before the Appeal Date. The owner is then liable for any costs incurred by Entity in responding to the vessel. These costs may include all administrative costs incurred by CITY OF BAINBRIDGE ISLAND, removal and disposal costs, and costs associated with environmental damages directly or indirectly caused by the vessel. If there is a law suit, the successful party may receive reasonable attorneys’ fees and costs.


CITY OF BAINBRIDGE ISLAND also may pursue any other remedies available under law.  CITY OF BAINBRIDGE ISLAND is taking this action under the authority of Chapter 79.100 RCW. You can find a copy of this law online at http://apps.leg.wa.gov/RCW/default.aspx?cite=79.100 .

For more information, contact Tami Allen, Harbormaster at 206.786.7627 or tallen@bainbridgewa.gov.