PORT OF RICHMOND — TERMINAL TARIFF, FMC NO. 3
Effective August 1, 2026 Page 1
Port of Richmond
Tariff No. 3
Port and Marine Terminal Operator Schedule
Effective Date: August 1, 2026
Expiration Date: None
Available at: https://www.ci.richmond.ca.us/102/Port-Operations
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TABLE OF CONTENTS
SECTION I — DEFINITIONS .................................................................................................................................... 3 SECTION II — GENERAL RULES & REGULATIONS .................................................................................................. 7 SECTION III — HAZARDOUS MATERIAL ............................................................................................................... 12 SECTION IV — DOCKAGE ..................................................................................................................................... 15 SECTION V — WHARFAGE ................................................................................................................................... 18 SECTION VI — VESSELS ....................................................................................................................................... 34 SECTION VII — CARGO HANDLING PERMITS ...................................................................................................... 39 SECTION VIII — CLEAN PORT PROGRAM ............................................................................................................ 40
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SECTION I — DEFINITIONS
Explanation of Abbreviations and Symbols
Symbol / Abbreviation Meaning
+ Addition
* Change
[C] Change; change in wording resulting in neither an increase nor decrease [D] Deletion
[I] Increase
[R] Reduction
% Percent
B.M Board measure or board measurement
Cu. Ft. Cubic feet or cubic foot
Etc. Et cetera
Incl. Inclusive
K.D. Knocked down
Kg(s) Kilogram(s)
KT 1000 kilograms
Lbs. Pounds
M3 Cubic Meter
No. Number
N.O.S. Not Otherwise Specified
Para. Paragraph
Sec. Section
Sq. ft. Square feet or square foot
S.U. Set up
U.S. United States
W/M Weight or measurement whichever yields the greater revenue & And
$ U.S. dollars
Units of Weights and Measure
International (metric) and U.S. customary units of weights and measure (based on U.S. Department of Commerce, National Bureau of Standards publications) governing the determination of rates and charges assessed under this Tariff are as follows:
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Unit Equivalent
1 Kilogram 2.2046 Pounds
1 Pound 0.4536 Kilogram
1,000 Kilograms 2204.6 Pounds (1 Metric Ton)
2,000 Pounds 907.1847 Kilograms (1 Short Ton)
1 Metric Ton 1.1023 Short Tons
1 Short Ton 0.9072 Metric Ton
1 Long Ton 2,240 Pounds
1 Long Ton 1,016.0469 Kilograms
1 Foot 0.3048 Meter
1 Meter 3.2808 Feet
1 Cubic Foot 0.0283 Cubic Meter
1 Cubic Meter 35.3147 Cubic Feet
40 Cubic Feet 1.1327 Cubic Meters
1 Bushel 0.0352 Cubic Meter
1 Cubic Meter 28.3776 Bushels
1 Liter .2642 Gallon
1 Gallon 3.7854 Liters
1 Barrel (42 Gallons) 158.9873 Liters
1,000 B.M. 83.33 Cubic Feet (2.3597cubic meters)
1 Cubic Meter 423.783 B.M.
DEFINITIONS
Note: all words or terms that have been defined within this Tariff, regardless of where stated, shall apply to the entire Tariff.
a. “Area” or “Port area” refers to the premises, wharves, landings, docks and any other areas within the Port of Richmond, California, under the possession, operation or control of the City of Richmond by and through its Port Department.
b. “Bulk cargo” or “in bulk” means merchandise that is loaded and carried in bulk without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment shall be subject to mark and count and is, the refore, subject to the requirements of this part.
c. “City Council” is The City Council of the City of Richmond, a municipal corporation of the State of California, and shall be understood as being interchangeable with the term “City of Richmond, the said Council being the legislative body of said city with authority to set for and represent it in all matters pertaining to the operation and governing of the Port and its facilities.
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d. “Coastwise” or “Coastwise Trade” is trade in which merchandise is transported by vessel between U.S.
Pacific Coast ports, as well as to or from British Columbia, Canada ports. e. “Container” is a rigid, non -disposable, intermodal dry cargo, insulated, refrigerated, flat rack, liquid tank or open -top container, demountable, of not less than 225 -cubic feet capacity, furnished or approved by an ocean carrier for transportation of merchandise aboard a vessel. f. “Correlation of Federal Maritime Commission definitions,” Part 525, Subchapter B, Chapter IV of Title 46 Code of Federal Regulations, as amended from time to time, contains definitions of certain terminal services; pursuant to Section 525.1(a), the definitions in Section 525.1 (c) and the correlated definitions contained in this Tariff are as follows:
• Section 525.1(c) (5) – Dockage
• Section 525.1(c) (24) – Wharfage
• Section 525.1(c) (9) – Free Time
• Section 525.1(c) (23) – Wharf Demurrage
• Section 525.1(c) (20) – Terminal Storage
g. “Delinquent List” means that list of invoices for which full payment is not received by the Port thirty (30) calendar days from the date of the invoice.
h. “Direct” is continuous operation between barge, car/truck and vessel by stevedores. i. “Hazardous materials,” “hazardous waste,” “hazardous substance,” and/or “dangerous cargoes” are materials designated by U.S. Environmental Protection Agency (EPA), International Maritime Organization (IMO), California Health & Safety Code (CHS), U.S. Coas t Guard (USCG), or the City of Richmond Fire Department as capable of posing a significant risk to health, safety or property when transported, stored or released, or which qualify as hazardous due to their characteristics under CHS Code, Title 22, as me nded from time to time; they include but are not limited to acids, corrosives, explosives, oxidizers, poisons, reactives, flammables and combustibles, or any other federal or state definition of hazardous waste, substance or toxin.
j. “Inbound” is that which is being or has been discharged from a vessel. k. “Intercoastal Trade” is trade in which merchandise is transported by vessel between U.S. Pacific Coast ports and U.S. Atlantic, Gulf and Puerto Rican ports.
l. “Legal holiday” shall mean and include the following days:
(i) New Year’s Day
(ii) Martin Luther King Jr. Day
(iii) Presidents’ Day
(iv) Farm Workers Movement Day
(v) Memorial Day
(vi) Juneteenth
(vii) Independence Day
(viii) Labor Day
(ix) Admissions Day
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(x) Indigenous Peoples’ Day
(xi) Veterans’ Day
(xii) Thanksgiving Day
(xiii) Friday following Thanksgiving Day
(xiv) Christmas Day
(xv) Other legal holiday that may be proclaimed by Federal or California State authority.
Note: When any holiday falls on Sunday, the Monday following will be observed as the holiday. m. “Merchandise” includes, but is not limited to, cargo, commodities, goods, freight, liquids, and materials of any kind, animals, vessels’ stores, supplies and bunkers. n. “Operator” shall include all assignees, tenants, permittees, contractors and any person operating on Port facilities.
o. “Outbound” is that which is being or has been assembled and is awaiting loading to a vessel. p. “Overtime” are hours before 8 a.m. and after 5 p.m., Saturdays, Sundays and Legal holidays. q. “Person” shall mean any individual, corporation, partnership, association, joint venture, trustee, receiver, agent, representative, county, state or federal agency, board or commission. r. “Port” shall mean the Port of Richmond under jurisdiction of the City Council (with jurisdiction to make, enforce and govern the use and control of navigable waters and lands within the Port), and shall include berths at marine terminals, wharves and commercial shipyard facilities within the Port. s. “Port Director” is the administrative head of the Port of Richmond, including their duly authorized agent, designee or representative; whenever this Tariff gives the Port Director power or authority to do or perform any act, such designee shall have like power and authority, and any such action taken pursuant to this Tariff shall have the same force and effect. t. “Tariff” means this publication containing rates, charges, classifications, regulations and practices of a Terminal Operator, including usage, customs or modes of operation that affect, determine or change rates, charges or services provided by a Terminal Operator (also referred to as a “tariff” or “schedule”). u. “Terminal” includes all piers, wharves, docks, landings or other property or terminal structures operated by the Port.
v. “Terminal Operator” means a person or conference in the U.S. (including a commonwealth, territory or possession thereof) that provides wharfage, dock, warehouse or other terminal facilities in connection with a common carrier, or in connection with a common carrier and a water carrier subject to subchapter II of chapter 35 of title 49 USC; this includes, but is not limited to, terminals owned or operated by states and their political subdivisions; railroads that perform port terminal services not covered by their line haul rates; common carriers who perform port terminal services; and warehousemen who operate port terminal facilities.
w. “Ton” means 1,000 kg, gross weight, unless otherwise provided; and “measurement ton” means one cubic meter (35.315 Cubic Feet) based on vessel manifest or computed by using outside dimensions of all sides of the package.
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SECTION II — GENERAL RULES & REGULATIONS
1. Application
The Port Director reserves the right to interpret and determine the applicability of the rates provided for herein and to assess the charges or fees in accordance with any such interpretation and determination, and the Port Director reserves the right to d etermine the applicability of any rule or regulation as provided herein and to enforce any such rule or regulation in accordance with any such interpretation or determination.
2. Compliance with Government Regulations
Any users of the Port Terminals shall, at their own expense, operate or use the Port premises in a clean, wholesome and sanitary condition. Such operation must comply with any and all present and future laws, ordinances, general rules, or regulations related to sanitation, pollution, public health, safety or welfare. Users will also comply with all applicable laws, adopted by Federal, State, local and other governmental agencies or departments or offices thereof, including without limitation, laws pertaining to air quality, water quality, noise pollution, odor, soil and other environmental regulations.
3. Compliance with Tariff; Failure or Refusal to Pay Charges a) It shall be unlawful for any person to collect or attempt to collect any rate, charge or fee set out in this Tariff, or to land, ship, deposit or remove merchandise or other property on or from any wharf, wharf premises or other premises under the jurisdi ction of the Port, without written approval by the Port Director to do so.
b) It shall be unlawful for any person to fail, refuse or neglect to comply with any of the provisions prescribed by this Tariff, or to utilize or make use of any wharf, landing, watercraft, facility, utility, structure, improvement or appliance under the jurisdiction of the Port, or to make use of the navigable waters of, without paying to said Port the proper toll, charge or fee therefor as may be fixed and specified in this Tariff.
c) It shall be a separate offense for each day (or portion thereof) this Tariff is violated.
4. Payment Terms
a) The use of Port facilities or service is conditioned on satisfactory assurance of the Port that applicable charges will be paid when due. All charges are due and payable as they accrue or on completion of service or use. Cash payment for all anticipated Ta riff charges is required in advance, unless the Port customer, prior to the use of Port facilities or services, has established credit worthiness or has posted adequate security acceptable to the Port and has thereby been relieved of cash payment requirements by the Port.
b) Invoices as issued by the Port are due and payable upon presentation. Port charges are due and payable as incurred. Any invoice for which full payment is not received by the Port thirty (30) calendar days from the date of the invoice is delinquent and shall be placed on the Delinquent List. A delinquent invoice shall be subject to a delinquency payment to the Port, equal to .0667% percent of such delinquent charges per day, for each day thereafter until paid in full. Penalty charges prescribed in other items of this Tariff are separate and distinct from the delinquent payment charge assessable under this item
c) No vessel which has been placed on the Delinquent List shall be permitted to use any Port berth without first paying double the dockage incurred and not paid.
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d) Wharfage, wharf demurrage, wharf storage and any other charge assessed against merchandise shall be paid at rates stated in this Tariff; charges shall be paid by the owner of the merchandise and collected by the vessel discharging or loading the merchandise through its owner, agent, manager, master, berth assignee or other authorized person. All charges assessed against merchandise shall be paid prior to removal or delivery thereof from the wharf or wharf premise. e) The vessel, its owner and charterer jointly and severally, and berth assignee guarantee, shall be liable for payment of all charges whether or not collected. The use of a wharf or wharves by the vessel, its owner or charterer or acceptance of a berth assignment by an assignee constitutes acceptance and acknowledgement of the liability for and guarantee of all applicable charges. f) Wharfage, wharf demurrage, wharf storage and any other charges in this Tariff that are assessed against merchandise are liens against all such merchandise deposited upon any wharf or other premises under the jurisdiction and control of the Port. The Port, its agents and assignees, may hold possession of any or all of such merchandise to secure payment of any or all of such charges until paid.
a. The Port may take physical possession of merchandise that remains on the wharf or other premises longer than the time prescribed in this Tariff; if accrued charges are not immediately paid thereafter, the Port may, at any time after taking possession, rem ove and store merchandise at the charge, risk and expense of the merchandise, its owner or consignee. The Port may sell any or all such merchandise at public auction, with or without notice. b. In order to keep wharves and other premises under the Port’s jurisdiction and control free of obstruction, the Port may serve written (or post thereon) notice on the owner, agent, consignee or person in possession or having custody of such obstructing merchandise, material or structure, requiring removal within 24 -hours; on failure to comply, the Port may remove or store it at the charge, risk and expense of owner or consignee. Further, the Port may sell such merchandise, material or structures at public auction, with or without notice, and such sale will be subject to immediate removal, if not already removed. c. Proceeds from public auction shall be used to satisfy charges assessed against merchandise, plus 10% and in the case of obstruction, $120 for each day during which the wharf or other premises were obstructed (any surplus shall be paid to proper person). The owner, consignee or proper person shall be liable for and pay the Port any charges, fees and costs not satisfied from sale proceeds.
d. A vessel agent or person requesting reservation of a berth (“Berthing Agent”) shall, as part of the process, provide information as to the vessel, estimated arrival and departure, amount(s) and type(s) of cargo to be loaded/discharged and shall estimate t he port charges, as enumerated and responsible party; such information shall be provided on the Port’s Berthing Application form. Submission of such form, signed by the Berthing Agent, shall attest to the accuracy of information therein supplied, based o n information available to the Berthing Agent at time of submission; the Berthing Agent shall be personally liable for any financial loss suffered by the Port as a result of the agent’s failure to report accurately.
5. Cargo Statements; Penalties
Upon request, the owner, agent, master or other person in charge of a vessel or cargo must furnish to the Port Director where such vessel is discharging or loading, complete and legible copies of vessel’s manifest, name of PORT OF RICHMOND — TERMINAL TARIFF, FMC NO. 3
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consignee and/or consignor, weight and measurements of all freight, which shall be placed on record or filed by the Port.
6. Right to Audit
a. The Port may conduct an audit; all users of Port facilities shall fully cooperate with such audit and permit access to any records related to transactions under this Tariff which shall include, but not be limited to, shipping, receiving, accounts payable and receivable, and accounting records. If the user’s business operations conducted within or from Port premises are part of a larger business operation, the Port shall have the right to audit such records. b. If a user’s records are not available within the Port’s limits, users agree to pay all necessary travel expenses incurred by the Port in order to conduct audits at locations where said records are maintained.
7. Right to Refuse Cargo; No Liability
a. The Port reserves the right to refuse, within its sole discretion, to handle any cargo or commodity which, in its opinion, is not suitable for handling within the Port. The Port Director further reserves the right to order any party to cease use of the premises or stop operations at any time to require repairs, to correct an unsafe condition when, in the Port Director’s opinion, any operation is not in accordance with the terms and conditions of this tariff, the Assignment or whenever it is necessary for the best interests of the Port.
b. The Port shall not be liable for loss or damage to merchandise on or being moved onto, through or under any wharf, structure or property owned, controlled or operated by the Port, from any cause whatsoever, including loss or damage caused by or resulting from: pilferage; animal (including rats, mice and other rodents); insects (including moths and weevils); shrinkage; wastage; decay; seepage; leaky containers; heating; evaporation; fire or extinguishment thereof; explosion; leakage; discharge from fire protection systems; dampness; rain; floods; freezing, frost or other elements; collapse of wharves, piers or other structures; breakdown of plant, machinery or equipment; floats, logs or pilings to break vessels away from wharves; sabotage; insurrection; revolution; war; riots; strikes; or act of God.
c. The Port and City assumes no responsibility whatsoever and shall not be liable in any manner or degree for any merchandise accepted for storage, or for any care, handling, insurance, loss or damage with respect thereto, unless such merchandise is receipted for on behalf of the Port or city by an officer or employee thereof authorized to execute such receipts and then only to the extent that responsibility and liability shall be absolutely imposed by operation of law. d. Nothing in this section shall be deemed to relieve the Port from liability for cargo loss or damage pertaining to receiving, delivering, handling, or storing property at a marine terminal due to its own active negligence or intentional misconduct.
e. The Port shall not be responsible for delays to vessels docked at, seeking berths or any Port facility, regardless of the cause
8. Right of Entry & Inspection
a. The Port Director and any authorized agent may board or inspect any vessel, cargo or merchandise thereon to determine compliance with environmental regulations and/or verify its condition in PORT OF RICHMOND — TERMINAL TARIFF, FMC NO. 3
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any respect; and enter and inspect any wharf, warehouse or location within the jurisdiction of the Port for purposes of carrying out its duties.
b. It shall be unlawful for any person to hinder or molest the Port Director or such agent or refuse entry onto a vessel or other premises for any specified purpose hereunder.
9. MTSA Regulations
a. Every Operator on or using any Port facility shall comply with the Maritime Transportation Security Act (“MTSA”), MTSA Regulations, and requirements for a facility security plan (“FSP”), and partake in necessary training or provide proof of required train ings such as general security awareness, persons with security duties or other as deemed necessary by the FSP and or MTSA regulations. b. An Operator’s failure to comply with the FSP that results in a notice of violation and or a fine, will be the Operator’s sole responsibility. Any additional costs incurred by the Port to remediate or to ensure compliance will be assessed on the Operator and will include a 15% service charge.
10. Suspension of Access Privileges
Even though a person may have a valid Transportation Workers’ Identification Credential (TWIC), the Port takes seriously the security of its facilities; the Port therefore reserves the right to deny access to the Port by any person with a TWIC card and/or suspend access privileges if the person has been charged with any of (but not limited) to the following:
• Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, or export, in any way concerning (a) a firearm or other weapon, or (b) drugs and/or other controlled substances;
• Extortion;
• Identity Fraud, including but not limited to false identity; • Bribery;
• Perjury; or
• Smuggling.
This shall include charges for attempting to commit any of the above listed crimes and/or misdemeanors.
11. Compliance with Government Regulations and Environmental Compliance Every user of Port property or facilities shall at all times, at their own expense, maintain such property or premises in a sanitary condition and in compliance with all laws, ordinances and regulations relating to sanitation, management of hazardous materials, hazardous substances or hazardous waste, public health, safety or welfare, and shall obey and comply with all applicable civil environmental laws, adopted by The Department of Homeland Security, U.S., State of California, the Port, and other local governmental bodies.
Any cargo operation related materials determined by the Port and its staff to pose a risk to the environment shall be cleaned up by the start of the following operational shift, by those responsible for the material. If material, such as, but not exclusive ly, trash, lashing, packing materials, cladding, flagging, dunnage, spilled liquids or solids are not cleaned up appropriately, the Port will undertake the cleanup and bill the responsible parties for the clean-up and any associated fees and staff time.
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12. Perishable/Undesirable Cargo
The Port Director may remove any perishables, cargo that may damage other cargo, bulky freight or undesirable cargo or material, with or without notice, to another location within the terminal or Port facility, or to private facilities at the sole risk and expense of the owner. Trash or other substance on which no wharfage is charged shall be removed from the wharf by the person or persons placing it there; upon failure to do so, it shall be removed by order of the Port Director at such person’s sole expense.
13. Vehicle Operations
a. It shall be unlawful for any person to: drive, operate, stand or park, or to cause or permit to be driven, operated, stood or parked, any motor or other vehicle on any wharf or landing in the Port, except to load or discharge freight, or while engaged in performance of necessary duties that requires such vehicle thereon. The operator of such vehicle shall immediately remove such vehicle on completion of such duties or business.
b. Any person operating or driving a motor vehicle or other vehicle on any wharf or wharf premise or within any transit shed, warehouse, marine terminal area, or any other area where merchandise is being handled, shall do so at a careful and prudent speed not greater than is reasonable, having due regard to the traffic and shall not drive in a manner that may endanger the life, limb or property of any person; in no event shall speed exceed 10-miles per hour, unless otherwise posted in such area.
c. It shall be unlawful for any motor vehicle to be stored on Port property unless authorized by the Port. Any violation shall result in the vehicle being removed at the expense of the owner, as well as any penalties under the Schedule.
d. It shall be unlawful for any person to park, abandon or store any vehicle, tractor, trailer, chassis or other object in areas designated as restricted parking areas; any violation may be subject to penalties under this Tariff.
14. Damage to Property
a. No person shall damage or deface any property in the Port; any person or vessel responsible for damage to any property shall be liable for the cost and expense of replacement or repair. b. If there is any damage to wharf, wharf premises, facility or other property at the Port, the person responsible in any way for such damage, as well as the person to whom such wharf, wharf premises, facility or other property is assigned or being used, and the master, owner, operator, or agent of any vessel, vehicle or other instrumentality involved in such damage, shall promptly provide a written report to the Port Director, setting out date and time, names and addresses or, if unknown, description of wi tnesses and other persons, vessels or instrumentalities involved in the damage, as well as all pertinent facts and information. Refusal to do so (in addition to penalties under this Tariff) may result in refusal to allow use of any wharf or other facility at the Port until full reimbursement has been made.
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SECTION III — HAZARDOUS MATERIAL
1. Right of Refusal
The Port Director may refuse permission to any person, vessel or entity transporting hazardous material or other dangerous cargo to store or berth at any dock, wharf, bulkhead area or alongside any transit shed, and may at any time cause such hazardous mat erial or dangerous cargo to be removed at the sole expense of the vessel, cargo owner or assignee.
2. Permit; Compliance with Regulations
a. It shall be unlawful for any person, vessel or entity to handle, transport, load, discharge or store any hazardous material or dangerous cargo on any vessel, lighter, barge or other conveyance at any dock, wharf, bulkhead area or in any transit shed or wa rehouse on Port property, unless a special permit has been obtained from the Port Director and such materials are handled, stored and transported according to any and all applicable laws and regulations. b. Hazardous and dangerous cargo that is permitted to enter Port facilities must be prepared for shipment in accordance with U.S. Department of Transportation Regulations, contained within 49 CFR 100-185 as may be amended from time to time; shipping document s required by 49 CFR for shipment of hazardous and dangerous cargo must be submitted to the Port Director prior to such cargo’s arrival.
c. Hazardous and dangerous cargo stored at Port facilities must be placed in designated areas that conform to “Handling of Explosives or other Dangerous Cargoes within or Contiguous to Waterfront Facilities” Regulations (33 CFR 126) and applicable Uniform Fire Code (NFPA 307). d. During loading or discharge of cargo, precautions must be taken to prevent pollution or toxic, hazardous and dangerous cargo from entering Port waters, and operators of such cargo must meet all requirements of the Clean Water and Clean Air Acts and their California State equivalents, and any other pertinent State or Federal environmental compliance requirements.
3. Explosives
a) It shall be unlawful for any person to handle, transport, load, discharge, stow, or retain any dangerous cargo on any vessel in Port of Richmond unless such person shall have fully complied with the provisions of the federal regulations, entitled "EXPLOSIVES OR OTHER DANGEROUS ARTICLES ON BOARD VESSELS," as amended, promulgated by the Secretary of Commerce pursuant to Sec. 4472, as amended, U.S. Revised Statutes (46 U.S.C. Para. 170) and entitled "U.S. COAST GUARD TANK VESSEL REGULATIONS," as amended, promulgated pursuant to Sec. 4417a of the U.S. Revised Statutes (46 U.S.C. Para. 391a), and any other applicable federal, state, or municipal laws or regulations. a. The Port Director may at their sole discretion issue a special explosives permit, subject to terms and conditions that are not contrary to or inconsistent with any applicable laws or regulations; any application for such permit shall include a description , quantity, stowage and pertinent information on the explosives.
4. Prohibited Discharges and Maintenance Activities
a. It shall be unlawful to throw, discharge or deposit, or cause, suffer, or procure to be thrown, discharged or deposited, either from or out of any vessel, or from the shore, wharf, manufacturing establishment, or mill of any kind, any sewage or refuse, as described in the City of Richmond’s PORT OF RICHMOND — TERMINAL TARIFF, FMC NO. 3
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Municipal Code, Chapter 5.08. “Sewage” means any condition that could adversely affect the Port of Richmond’s terminals or shore area, or environmental quality of the Port’s waters. When disposal is required from a vessel berth at any Port of Richmond facility, a licensed disposer or recycler must be utilized.
b. It shall be unlawful for any person to pump, discharge or deposit, or to cause or permit to be pumped, discharged or deposited, or to pass or to allow to pass or to escape in or into the waters of Port any of the following materials or substances: oil, sp irits, combustible liquids, coal tar, refuse, residuary products of coal, petroleum, asphalt, bitumen, or other carbonaceous materials or substances, or any products or compound of, or any bilge water containing any of said materials or substances; and it shall be unlawful for owners, masters, officers and agents of vessels, terminal operators and others on shore, or any person participating in the transfer of such materials or substances, or products or compounds thereof, or any bilge water containing any of said materials or substances, having knowledge of the pumping, discharging, depositing, passage or escapement of such materials or substances, to fail to report the same immediately to the Port; and upon discovering such pumping, discharging, depositing, passage or escapement, such owners, masters, officers and agents of vessels, terminal operators and others on shore, or any person participating in the transfer of such materials or substances, shall forthwith confine any such materials or substances and clean up and remove the same from the waters of the Port. c. It shall be unlawful for any person to pump, discharge or deposit, or to cause or permit to be pumped, discharged or deposited, or to pass or to allow to pass or escape in or into the waters of the Port any foul bilge water, ballast, slops or refuse witho ut having first obtained written permission so to do from the Port.
5. Fumigation Prohibited
Fumigation of cargo in any Port facility is prohibited except when permitted by the Port Director and applicable agency.
6. Petroleum Products
a. A Cargo Handling Permit, as set forth in Section VI, must be obtained from the Port Director to handle petroleum products; application for such permit shall include compliance with all applicable laws and regulations, proof of financial responsibility, op erations manual, notification systems and spill prevention plan.
b. Petroleum products handled by tanker truck, if allowed, shall be scheduled by the Port Director; scheduling shall include amount of petroleum product, number of trucks and estimated time to complete operation. On completion, the permitted handler shall re port to the Port Director the certified record of fuel transferred.
c. Vessels berthed at any wharf, pier or bulkhead, or lying alongside any vessel so berthed, may take on board gasoline or distillate only if permission is granted by the Port Director. Delivery, other than through pipeline, must be made directly from “vehicle to vessel or vessel to vehicle.” If the vessel is not ready to receive delivery, the loaded vehicle may not wait on the wharf or pier but shall depart.
d. No person shall allow or permit any vessel to load or discharge bunker fuel, or load or discharge any petroleum or petroleum products in bulk, unless all scupper pipes leading from the decks of such vessel are closed up and plugged by vessel owners, maste r or agent, and made oil tight to PORT OF RICHMOND — TERMINAL TARIFF, FMC NO. 3
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prevent any oil being spilled onto the deck of such vessel from running through the scuppers into Port waters.
e. When not shipped in containers and actual weight or specific gravity is not obtainable, kerosene and lighter petroleum products shall be subject to estimated weight of 6.6 pounds per gallon; other petroleum products shall be subject to estimated weight of 7.4 pounds per gallon.
7. Flammable Liquids
a. Flash point of liquids shall be determined under the American Society for Testing Materials’ Standard Method of Tests, Designation D 56 -21, using the Tag Closed Tester for all volatile flammable liquids flashing below 175 degrees Fahrenheit (79.5 degrees Celsius), except for products classed as fuel oil, and using the Pensky -Martens Closed Tester for fuel oil, Designation D 93-22.
b. It shall be unlawful for any person to handle or store gasoline, kerosene, distillate or other liquid petroleum product or flammable liquid which will flash below 175 degrees Fahrenheit (79 degrees Celsius) closed cup test, on the wharves, in the warehouse or on Port waters, or to handle or store liquefied petroleum gas on any wharf.
8. Empty Drums
Drums or any type of container that have been used for storage or transportation of hazardous and dangerous cargo, or petroleum products, may not remain within Port area after sunset of the day received, without a permit from the Port Director; storage of such materials must be secured in approved containers, properly labeled, and stored in a manner to preclude any release into Port waters and shall comply with applicable laws and regulations.
9. Hot Work
Hot work is any operation involving oxyacetylene or electric welding, burning, cutting or other heat producing activities, and is prohibited at the Port and on any vessel berthed at the Port unless approved in writing by the Port Director and only in compliance with applicable laws and regulations. Notice shall be given to the Port Director prior to the start of any approved hot work (including start date, time and duration). However, hot work is prohibited during movement or transfer of hazardous and dangerous cargos or petroleum products.
10. Smoking Prohibited
It shall be unlawful for any person to smoke, light a match, use or carry any open flame within 50 -feet of any fuel transfer or operation, or on any vessel being fueled or transferring flammable materials, or in any “No Smoking” area designated by the Port Director.
11. Fire-Fighting Apparatus
No person shall obstruct or interfere with, use, remove or disturb any fire extinguisher, fire hose, fire hydrant, or fire sprinkler system, fire -fighting appliance or apparatus installed on any wharf, warehouse, building, structure or premises under juris diction of the Port, except to prevent a fire or to repair such equipment or conduct a test thereof.
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SECTION IV — DOCKAGE
Definitions
“Dockage” means the charge assessed against a vessel for berthing at a wharf, pier, bulkhead structure, or bank or for mooring to a vessel so berthed.
1. APPLICATION OF DOCKAGE RATES AND CHARGES
a. Except as otherwise provided, dockage charges shall be assessed against all vessels in all trades at the full dockage rates.
b. One-half of the full dockage shall be assessed against all vessels, when berthed offshore of a vessel that is paying full dockage. When a vessel is charged dockage for a period of 24 hours or more at wharf owned or operated by, or under lease, assignment, or franchise from, the Port of Richmond, it may use the same or, upon prior approval from the Port Director, any other wharf in the Port of Richmond area during the remainder of that same period for which charged, without further charge, regardless of how often it may leave or return. c. Vessels docked at non-operative facilities will be assessed one-half of full dockage rates named in this tariff, except vessels that require the use of the berth, wharf and/or facility for other than cargo operations may be assessed full dockage rates.
2. BASIS FOR COMPUTING DOCKAGE CHARGES
a. Dockage shall be based on overall length of the vessel as shown in Lloyd’s Register. If the length is not shown in Lloyd’s Register, the ship’s Certificate of Registry showing length of vessel will be accepted.
b. Vessels for which the overall length is not available in either Lloyd’s Register or the Certificate of Registry will be measured at the direction of the Port Director, by a bonafide Marine Survey or Naval Architect, and either lettered, numbered, or named and registered with the Port so that identification may be easily established; otherwise, such vessels shall be denied the use of the wharves and other facilities provided by the Port of Richmond. When necessary to measure a vessel, the linear distance in meters shall be determined from the forward point on the bow of the vessel to the aftermost part of the stern of the vessel, measured as parallel to the base line of the vessel.
c. In computing dockage charges based on overall length of vessel, the following will govern the disposition of fraction: Less than one -half (.5) meters then discard; one -half (.5) meters or more, increase to the next whole figure.
d. When a vessel changes its position from an outside to an inside berth, or vice versa, or otherwise changes its status so that it would be liable to pay dockage at a different dockage rate, the dockage due under the changed status shall be assessed from the time such change takes effect. e. Vessels on regular day schedules leaving from and returning to the wharf shall not be assessed more than one full day’s dockage in any 24-hour period.
3. DOCKAGE OF NON-OPERATIVE VESSELS
Application to berth a non -operative vessel at Port facilities shall be made to the Port Director upon forms provided by the Port. The Port Director may allow a non-operative vessel to berth at Port facilities upon receipt of application, subject to the provisions of this tariff, and to the charges, rates, applicable thereto. The berthing PORT OF RICHMOND — TERMINAL TARIFF, FMC NO. 3
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of such non-operative vessel shall be limited to mooring only and shall not include any other use of the berth, wharf, and/or facility by the applicant and shall be subject to the condition that the Port and its officers, agents and employees shall not be liable for any injury to or death of any person or damages to property of any kind whatsoever, whether the person or property of the applicant, its agent or employees, or third persons, from any cause while in or on the berthing area or occasioned by any u se or occupancy of the berthing area of any activity carried on by the applicant in connection therewith, and that the applicant will indemnify and save harmless the Port, its officers, agents and employees from all liabilities, charges, expenses (includin g counsel fees) and costs on account of or by reason of any such injury, death claim, suit or loss however occurring or damages growing out of the same.
4. DOCKAGE PERIOD
Dockage shall commence upon a vessel when made fast to a wharf, pier, seawall structure or bank, or mooring to a vessel so berthed, and shall continue until such vessel is completely freed from and has vacated the berth.
No deductions shall be made for Sundays, Holidays, or because of the weather conditions.
5. Free Dockage
Free dockage may be given to a vessel when, in the discretion of the Port Director, conditions warrant temporary suspension of regular dockage charges against:
a. Combat, training, and auxiliary vessels of the U.S., other Federal Agencies, similar vessels of other nations, and vessels engaged solely in research, education or training. b. Vessels owned or operated by the State of California. c. Tugboats actively engaged in towing operation or when berthed offshore or alongside a wharf or other structure, while awaiting completion of towing operation. d. Pilot or tugboats while picking up or dropping off pilots. e. Vessels using berths for short duration solely for U.S. Customs clearance. f. Crane or derrick barges while being used in stevedoring operations. g. Waterside related construction or survey with prior approval from the Port Director.
6. Port Employed Vessels
a. Vessel operators who provide necessary services on a frequent basis for operation and maintenance of Port facilities, or who operate vessels utilizing Port facilities (including barges, lighters, tugs or similar vessels exclusively to and from Port facilities) may, on written application to the Port Director, be granted special monthly rates. b. This special monthly charge shall be revocable at the discretion of the Port Director, and shall not entitle such vessels to any preferential berthing rights; such vessels shall vacate any particular berth if so ordered by the Port Director.
7. Dockage Rates on Vessels Engaged in All Trades (Formerly Item: 07100) Except as otherwise provided, dockage charges shall be assessed against all vessels in all trades at the rates provided below.
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Over But Not Over Charge for First 24 Hour Period Or
Part Thereof (1) 2.5%
0 30 $121.00
30 45 $171.00
45 60 $237.00
60 75 $358.00
75 90 $488.00
90 105 $765.00
105 120 $1,095.00
120 135 $1,487.00
135 150 $1,920.00
150 165 $2,413.00
165 180 $2,996.00
180 195 $3,575.00
195 210 $4,237.00
210 225 $4,953.00
225 240 $5,725.00
240 255 $6,555.00
255 270 $7,443.00
270 285 $8,382.00
285 300 $9,376.00
300 315 $10,427.00
315 330 $11,532.00
330 345 $12,695.00
345 360 $13,913.00
360 375 $15,181.00
375 390 $16,510.00
390 (2)
(1) Charges beyond the first 24 hours shall be assessed in whole six-hour increments at twenty-five percent (25%) of the full rate for each subsequent six-hour period. (2) Dockage charges for vessels over 390 meters in overall length shall be $17,409 per day plus $45 dollars per day for each meter of overall length or fraction thereof in excess of 390 meters
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SECTION V — WHARFAGE
1. Definition
a. “Wharfage” is a charge assessed against the cargo or vessel on all cargo passing or conveyed over, onto, or under wharves or between vessels (to or from barge, lighter, or water), when berthed at wharf or when moored in slip adjacent to a wharf. Wharfage is solely for the use of a wharf and does not include charges for any other service.
b. “Wharf” is any wharf, pile, quay, landing or other structure to which a vessel may make fast or be utilized in the transit or handling of goods and merchandise; shall also include all area between the pierhead and bulkhead lines, excepting, however, such location as may be designated and set apart as public landings or for private use.
c. “Wharf premise” is defined and shall be deemed to mean and include, in addition to the area included in the term “wharf,” other port terminal facility areas, alongside of which vessels may lie or which are suitable for and are used in the direct loading, unloading, assembling, distribution or handling of merchandise under, over, or onto a wharf.
2. Application of Wharfage Rates (Formerly Item: 08100) (a) Except as otherwise provided in this tariff, wharfage, as defined as above, shall be assessed in addition to other charges named in this tariff.
(b) Wharfage rates applicable will be those in effect on the date that vessel commences discharging or loading of cargo.
(c) Except as otherwise provided in this tariff, wharfage rates shall be assessed as follows:
(1) Containerized Cargo and Empty Shipping Containers:
(a) Wharfage will be assessed on cargo in containers according to the commodity description, rate basis and the provisions specified.
(b) Commodities not specifically named in this section will be subject to the Cargo N.O.S. rate basis specified.
(2) Non-Containerized Cargo:
(a) Wharfage will be assessed charges in dollars per 1,000 kilograms or cubic meter as specified in Items 09100 through 09215; or according to the vessel’s manifest, on whichever basis the water freight charges are assessed. (b) On cargo moving on other than a weight or measure basis (i.e. per package, per unit, combination weight and measure basis, etc.) wharfage will be assessed in dollars per 1,000 kilograms or cubic meter, whichever will result in the greater revenue. (c) Commodities not specifically named in this section will be subject to the Cargo N.O.S. rate in Item 09105.
(d) Cargo which is not covered by a regular commercial shipping line’s manifest and is not moving under regularly established commercial rates published in commercial tariffs, but is moving to or from ports that are served by vessels operating in regular trad e routes under commercial tariffs, shall be assessed wharfage on the same basis as the freight charges on such cargo would have been assessed on vessels operating in such regular trade routes under commercial tariffs.
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(e) “Transferred cargo” means cargo or merchandise received at a Port of Richmond terminal facility from rail car, truck, or vehicle, or removed from a Port of Richmond terminal facility by rail car, truck, or other land vehicle. Transferred cargo will be as sessed the applicable wharfage on the basis as cargo moving by vessel at the rate of $153.00 per twenty-foot equivalent container unit (TEU) prior to leaving the Port terminal.
Transferred cargo moving by land vehicle from one Port of Richmond Terminal facility to another will be assessed only one wharfage charge of $143.00 per TEU which will be assessed at the final Port of Richmond terminal, unless a Port of Richmond wharfage charge is not applicable at that terminal in which event the charge will be assessed at the first terminal.
(f) “Transshipped cargo” means cargo discharged from a vessel at one Port of Richmond terminal facility and reloaded to another vessel from the same or another Port of Richmond terminal facility. Transshipped cargo will be assessed applicable wharfage at the initial discharge only. The applicable wharfage on transshipped cargo will be assessed whether assessed at the initial discharge, or at the final Port of Richmond terminal because no wharfage charge was applicable at the initial terminal. Transshippe d commodities will be subject to Port audit and verification. In the event of audit finds the transshipped commodities are not specifically named then wharfage will be assessed under the rates for Cargo, N.O.S. When transshipment is substituted for direct call of vessel, the charges on cargo so handled will be the same as that applicable to cargo handled on direct call.
MANIFESTS AND STATEMENTS (Formerly Item 08110)
(a) The owner, agent, master, or other person in charge of a vessel or cargo shall deliver to the Port Director, or his designee, not later than fifteen (15) days after the date of the vessel’s departure a full and correct statement (signed and certified on forms furnished by the Port) of wharfage assessed and collected on all cargo of every kind discharged from and or loaded to such vessel at such terminal, specifying the character and quantity of each kind of such cargo as identified in this tariff, and such other information as may be specified on such forms, including, but not limited to the total number of loaded and empty containers. Failure to do so may result in a penalty equal to .0667% per day, for each day documents are not made available, of the total charges due subject to a minimum penalty charge of 2% of total wharfage charges. For the purpose of consideration of wharfage corrections, the owner, agent, master, or other person in charge of a vessel or cargo must deliver corrections to cargo information previously submitted or additional information previously unavailable, not later than ninety (90) days after the date of the vessel’s departure. (b) The owner, agent, master or other person in charge of a vessel or cargo, in addition to providing full and correct statements, shall within the time specified above, deliver to the Port Director, or his designee, those portions of the vessel manifest and or bills of lading that are reasonably necessary to verify the information provided on said documents.
(c) In addition to the statements and documents required to be submitted under paragraphs (a) and (b) above, use of any Port facility by the owner, agent, master or other person in charge of a vessel or cargo shall constitute authorization for the release of operational information pertaining to such vessel activity, as may be reasonably required from time to time by the Port Director, or his designee, to verify cargo loaded and or discharged at the Port of Richmond.
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(d) Neglect or refusal by any person to comply with the provisions in paragraphs (a), (b) and (c) of this Item; or, deliberately falsifying statements and documents by any person may, at the discretion of the Port Director, result in such persons being subject to the penalties prescribed in law and in this tariff.
In addition, any person who fails to submit a statement of charges within the times provided herein shall pay to the Port the sum of one hundred ninety -nine dollars ($199.00) for each wharfage statement that the Port Director, or his designee is required to prepare as a result of the non - compliance with the provisions of paragraphs (a), (b) and (c) above.
PAYMENT OF WHARFAGE CHARGES (Formerly Item 08115)
1. Wharfage charges assessed pursuant to this tariff are due and payable as incurred and shall be paid by the vessel so assessed, through its master, owner, agent, or other person duly authorized to do so, in accordance with the provisions specified.
2. When it is requested that wharfage charges be assessed and collected directly from the cargo owner or federal agency, and, when satisfactory guarantee of payment is given to the Port of Richmond, the wharfage charges will be assessed and collected from th e cargo owner or federal agency making the request, pursuant to all applicable terms and conditions of this tariff.
FREE WHARFAGE Formerly Item 08125)
No wharfage will be assessed on:
(a) Handling and stevedoring tools, equipment, appliances, and supplies taken on wharf premises for the sole purpose of loading and or discharging a vessel.
(b) Personal baggage of passengers (excluding household goods and automobiles) when carried on same vessel as passenger and on which no revenue is collected by the water carrier. (c) Cargo which a vessel discharges and reloads prior to departure, in order to load or discharge other cargo (overstowed or restowed cargo).
(d) Water carrier owned or controlled vans when shipped free of freight charges (excluding empty cargo vans which are transshipped under a water carrier bill of lading and assessed freight charges). (e) Ballast in bulk, which is not manifested as cargo, has no commercial value and is handled direct between vessel and barge or shore tank.
Rates are in dollars per 1,000 KGs or Cubic Meter as manifested, except as noted.
ITEM 09100
Aluminum Cans, empty, new (Per Cubic Meter) .......................................................................................... $4.65 ITEM 09102
Boats, including launches, skiffs and yachts (Per Cubic Meter) .................................................................... $4.46 When Shipped in cradles or on trailers, the dimension of cradle or trailer shall be included in overall measurement.
ITEM 09105
Cargo, N.O.S. including vessel’s stores and supplies .................................................................................... $7.12 ITEM 09110
Cargo, in bulk, viz.: (not in containers)
Beans, Copra, Cottonseed, Feed, Grain or Grain Products, Peas, Pellets PORT OF RICHMOND — TERMINAL TARIFF, FMC NO. 3
Effective August 1, 2026 Page 21
(Alfalfa or Beet Pulp), Safflower Seed, Seeds, Soybeans .............................................................................. $2.64 Scrap Metal ................................................................................................................................................... $2.36 ITEM 09115
Cargo, in bulk, N.O.S ..................................................................................................................................... $1.76 ITEM 09120
Cargo or Merchandise, bulk, moving in containers (Per 1,000 Kilograms) ................................................... $7.18 ITEM 09125
Buildings, Modules, and other units designed for general warehouse type storage, other than knocked down; empty, moving in multiple units of 10 or more per vessel, and equipped with corner castings capable of being loaded and discharged by shoreside container gantry cranes.
NOTE: With prior written request and Port Director or their designee approval, prototype units moving in smaller quantities may be subject to the rates as listed in this item.
Per Unit / Overall Length
0 to 7 meters………………………………………………………………………………………………………………………….$115.25 Per Unit Over 7 meters ............................................................................................................................. $210.95 Per Unit
ITEM 09120
Coffee, green, in bags, per ton of 1,000 kilograms ....................................................................................... $7.11
ITEM 09135
Fuel, bunker or petroleum products, for use of vessel to which initially delivered From barge to vessel ..................................... $0.96 From car or truck to vessel ........................... $1.72 ITEM 09150
Liquids, N.O.S. in bulk from or to vessel through pipeline (See Exceptions) ................................................ $2.01 EXCEPTIONS: Bunker Fuel and/or No. 2 Diesel Oil
Per barrel of 159 liters ....................................................................................................................... $2.06 Petro-Chemicals and Aquatic Ammonia, but excluding petroleum and other petroleum products . $2.01
ITEM 09150
Livestock or other animals per head ............................................................................................................. $6.66
ITEM 09155
Lumber and Forest Products (see Note 1), viz.:
Ash, Hickory, Oak, Mahogany and all other hardwood lumber, logs (see Exception) and timber (see Note 2) (Per 1,000 Ft. B.M.) ..................................................................................................................................... $12.14
EXCEPTION:
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Eucalyptus Logs (Per 1,000 Kilograms) ......................................................................................................... $5.03 Cedar, Fir, Pine, Redwood, Spruce and all
Other softwood lumber, logs and timber (See Note 2).
See Exceptions including laths and ties (Per 1,000 Ft. B.M.) ..................................................................... $10.20
Timber, Sawn (Pinus Radiata)
Inbound Only (Per Cubic Meter) .................................................................................................................. $3.55
Dunnage and Ship Lining (Per 1,000 Ft. B.M.) ............................................................................................ $10.44 Piles and poles, per lineal meter ................................................................................................................... $0.56
Wood Chips, in bulk, per Bone Dry Unit (BDU) for each consecutive 12-month period Commencing September 1, 1995:
1 to 60,000 BDU (Per BDU) .......................... $9.18 60,001 to 120,000 (Per BDU) .......................... $6.93 Over to 120,000 BDU (Per BDU) .......................... $5.18
loaded overside vessel directly to or from the water in any slip, dock, basin or canal.
Note 2: If freighted by vessel on other than a B.M. basis, the Merchandise, N.O.S. rate shall Apply ITEM 09165
RESERVED
ITEM 09165
Metals, loose, in bundles, coils or packages, viz.: Angles, bars, beams, billets, blanks, bolts, bridge sections, channels, finished or unfinished fabricated structures, ingots, nails, nuts, pigs, pilings, pipe, plate, rails, rods, screws, sheets, slabs, structural, tie plates, tin plate, unfinished shapes, washers and wire, including barbed wire . . (See Note) ........................................................................................................................................... 5.21 Note: For wharfage assessed on angles, bars, beams, channels, pipe and plate (excluding coils or plate packaged as rolled coils) a minimum charge per bill of lading of $120.39 is applicable.
Steel viz.: (See Exception)
Coils, Minimum 1,000 tons, one consignor, one consignee, one vessel ...................................................... $6.50 Wire Rod, in bundles or coils, minimum 500 tons,
one consignor, one consignee, one vessel ................................................................................................... $6.49 Exception: From one consignor to one consignee for each consecutive 12 -month period commencing July 1, 1994:
60,001 to 100,000 tons $5.76
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100,001 to 130,000 tons $5.18
Over 130,000 tons $4.92
ITEM 09170
Packages, shipping, empty, SU or KD, N.O.S. second hand (used), not including bags or sacks, per ton of 1,000 kilograms of 1 cubic meter whichever yields the greater revenue (see Note) NOTE: NOTE: Will not apply on Coastwise, Inland Waterway and Intercoastal trade ................................. $4.46
ITEM 09175
Paper and Paper Products, N.O.S.
Not in Containers .......................................................................................................................................... $7.55
ITEM 09180
Racks, KD, empty, viz.:
Used Automobile Parts Racks or Engine Racks; Being
Returned to Origin (Per 40 Foot Container) ............................................................................................. $175.96
ITEM 09185
United States Mail, per ton 1,000 kilograms .............................................................................................. $13.22
ITEM 09190
Vans, Cargo, shipping empty, as described in Item No. 01201 per schedule below (see Exception) Charge per Van:
Overall Length 0 - 7 Meters ........................................................................................................... $17.49 Per Van Overall Length 7 -9 Meters ............................................................................................................ $19.55 Per Van Overall Length Over 9 Meters ..................................................................................................................... $26.75 EXCEPTION: No wharfage will be charged on steamship carrier owned or controlled vans when shipped free of freight charges.
ITEM 09195
Vehicles, motor, self-propelling, viz.:
(See Exception)
Automobiles, pleasure or passenger, including pick -up trucks or chassis, not exceeding 10 passengers per vehicle:
Each Vehicle ................................................................................................................................................ $32.27 NOTE 1 ................................................................................................................................... $9.26 PORT OF RICHMOND — TERMINAL TARIFF, FMC NO. 3
Effective August 1, 2026 Page 24
When privately owned, per vehicle ............................................................................................................ $34.99 NOTE 1 ................................................................................................................................. $10.29 EXCEPTION: Does not include agricultural, earth moving or road making vehicles.
NOTE 1: Received from rail car, truck or other land vehicle and removed by rail car, truck or other land vehicle.
ITEM 09200
Vehicles, Commercial, including chassis, freight trailers, freight semi-trailers, agricultural, earth moving or road- making equipment,
per ton of 1,000 kilograms .......................................................................................................................... $23.67 See NOTE 1, Item 09195 ..................................................................................................................... $19.55 each
ITEM 09205
Vehicles, viz:
Truck tractors, only, with or without fifth wheel, excluding chassis, vans, or trailer attachments, Per ton of 1,000 kilograms .......................................................................................................................... $15.00
ITEM 09210
Vehicles, empty, other than self-propelling, viz.:
Trailers, House or Vacation, Mobile, S.U.; with
or without wheels, per cubic meter ............................................................................................................. $5.78
ITEM 09215
Wood and Wood Products, N.O.S., not in containers .................................................................................. $7.11
ITEM 10100
RATE BASIS A: $88 PER TEU or:
CONTAINERS LENGTH IN METERS
CONTAINERS
LENGTH IN
METERS
0 -7 M (20FT.) 7 - 9 M (20FT.) 9 - 13 (20FT.) OVER 13M (45FT.)
PER CONTAINER
RATE
$119.36 $140.97 $231.53 $261.37
Except as otherwise provided, the application per TEU rates expressed as dollars per TEU for commodities listed in this subsection.
COMMODITIES ASSESSED RATE BASIS A:
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Animal Feed and Miscellaneous Grains, viz:
Hay N.O.S., baled, pelletized or cubed, used for animal feed; oilseeds, safflower seed; rapeseed; castor seed Borates; Borax Boric Acid
Cargo, N.O.S., Containerized, in bulk Cereal, viz: Wheat in bags or in bulk; Rice Coal
Cocoa Beans
Coffee, green, in bags Coke
Cotton, viz:
Cotton or Cotton Linters, baled
Dried Leguminous Vegetables, viz: Beans; Peas; Lentils
Earth, Stone and similar products, viz:
Asbestos, crude; Concrete; Bricks; Stones, Diatomaceous Earth; Tiles (asphalt, ceramic, composition, marble); Magnesite (magnesium oxide); Asphalt; Gilsonite (uintaite); Granite; Clay Fertilizer or Fertilization Materials N.O.S.
Food and Food Preparations for Human Consumption, viz:
Fresh/Frozen, including: Fish; Shellfish; Meat; Poultry; Fruits; Vegetables Fruit, Dried, including nuts Fruit, Tropical, N.O.S., viz:
Canned or Preserved, including juice or concentrate, with or without other ingredients Grains for Human Consumption, viz: Cereal Grains; Corn; Oats Hide and Skins: Raw, undressed, N.O.S.
Household Goods or Personal Effects, N.O.S. used, not new, packed in containers or Lift vans suitable for forklift loading and
handling (includes private vehicles in mixed container loads with personal effects) in the domestic trade only Lumber and Forest Products; Sawn. Viz:
Hardwood and softwood, Burls, untreated, including: Poles, Piles, Pests, Pulpwood, Sawlogo, Ties, Veneer, Logo, Woodchips, Woodpulp, Woodsticks
Lumber, Sawn, loose or in bundles; Sawn Building Lumber (Note 1) Note 1: Timber, Sawn (Pinus Radiator), inbound only in 40 foot containers $162.58 per 40 ft. container Metals and Manufactures thereof: Articles, loose, in bundles, coils or packages, viz:
Angles; Bars; Beams; Billets; Blankets; Blisters; Blooms; Bolts; Bridge Sections; Cans, Aluminum, new, empty; Channels, Finished or Unfinished Fabricated Structures; Foil, Aluminum; Ingots; Nails; Nuts; Pigs; Pilings; Pipe; Plate; Rails; Rods; Screws; Sheets; Slabs; Structures; Tie Plates; Tin Plate; Unfinished Shapes; Washers and Wire, including barbed wire; Scrap Metal, N.O.S., including scrap batteries.
Nursery Stock, Live; including plants, trees, bulbs and root systems, under temperature control Paper and Paper Products, in rolls only, viz:
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Boxboard; Cardboard; Kraftboard; Linerboard; Newsprint; Paperboard; Sacking Paper Racks, KD, empty, viz:
Used Automobile Parts Racks or Engine Racks being returned to origin in 40 ft. containers $189.34 per 40 ft. container United States Mail
Waste and Scrap of Plastic
Waste Paper and Scrap of Paper, N.O.S.
ITEM 10200
CARGO NOT OTHERWISE SPECIFIED (N.O.S.): $193.45 PER TEU OR:
161699.00
CONTAINER
LENGTH: 0 - 7M 7 - 9M 9 9 - 13M OVER 13M
IN METERS (20 FT.) (24 FT.) (40 FT.) (45 FT.)
Per container Rate $194.48 $217.12 $389.99 $437.33
Except as otherwise provided, the application per TEU rates expressed as dollars for commodities listed in this subsection.
COMMODITIES ASSESSED:
Cargo, N.O.S.: Containerized (including vessel stores and supplies as well as containerized loads of mixed commodities)
ITEM 10300
Vehicles, viz: Automobiles, Pickup trucks or Chassis, Pleasure, Non -commercial not to exceed ten (10) passengers per vehicle, S.U. on wheels $74.09 per Container ITEM 10400
Commercial Vehicles; Wheeled or Tracked, including chassis, freight trailers, lift -trucks, agricultural, earth moving, or road making equipment (Subject to NOTE 1) $132.00 per TEU; or: Container Size 0 - 7M $169.79
7 - 9M $204.77
9 - 13M $338.54
OVER 13M $379.70
ITEM 10500, 10600, 10700
Vans, Containers, empty, as described in Item 01210 (Subject to NOTE 1) Overall Length, in meters ITEM NUMBER
0 - 7 $18.52 per container 10500
7 – 9 $31.90 per container 10600
Over 9 $36.02 per container 10700
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NOTE 2: No Wharfage is assessed on water carrier owned or controlled vans shipped free of freight charges. (This NOTE 1 does not apply on empty cargo vans transshipped under a water carrier’s bill of lading which are assessed freight charges).
Rates provided in this Section will not apply on bulk commodities (as defined in Item 01105) handled mechanically through specialized facilities.
ITEM 11100 APPLICATION OF RATES
(A) APPLICATION OF WHARF DEMURRAGE AND/OR WHARF STORAGE RATES:
Wharf Demurrage and Wharf Storage as defined in Items 01230 and 01235 will be assessed charges on the same basis as Wharfage is assessed.
(B) WHARF DEMURRAGE (as defined in Item 01230):
At the expiration of free time, the wharf demurrage rates shown in individual items of this tariff will apply on freight remaining on terminal premises, unless and until arrangements for storage have been made with the Port of Richmond, and/or Terminal Operator
(C) WHARF STORAGE (as defined in Item 01235)
Upon prior application and acceptance of property for storage, rates applicable to such service shall be subject to the following provisions:
(1) Daily Storage
(a) Daily storage applies for a 24-hour period, or fraction thereof, commencing with midnight of one day to midnight of the following day and includes Saturdays, Sundays, holidays. (b) Merchandise that has been accepted for daily storage can later be accepted for monthly storage effective with the date of acceptance for monthly storage. (2) Monthly Storage:
(a) Except as otherwise provided in Sub -Paragraph 2) hereof, monthly storage periods shall extend from a date in one calendar month to, but not including the same date of the next and all succeeding calendar months; but if there is no corresponding date in th e next succeeding calendar month, it shall be extended to and include the last day of that month.
When the last day of the final storage month falls on Sunday or a legal holiday, the storage month shall be deemed to expire on the next succeeding business day. (b) Upon agreement between the terminal and the owner of the merchandise or his agent, monthly storage charges will not be computed under the provisions of Sub -Paragraph 1) hereof but will, instead be computed on the first of month balance system as follows:
(b) When the storage period commences on or before the fifteenth day of the month, a full month’s storage shall be assessed for that month. A full month’s storage shall be charged on the merchandise on hand on the first day of the following month and for each succeeding month thereafter.
(b) When the storage period commences after the fifteenth day of the month, storage charges for one-half month shall be assessed for that month. A full month’s storage shall be charged on the merchandise on hand on the first day of the following month and for each succeeding month thereafter.
(c) Merchandise accepted for monthly storage cannot revert to daily storage.
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ITEM 11105 ACCEPTANCE OF FREIGHT FOR STORAGE
(a) Acceptance of freight for storage is at the option or convenience of the terminal operator. (b) When terminal space is available for monthly storage, freight may remain where already placed or may be moved and stored elsewhere on terminal premises at the option of the terminal operator. All freight accepted for monthly storage shall be assessed both the monthly storage rates and the receiving and delivery rates shown in the individual items of this tariff and shall be subject to the rules provided herein for monthly storage.
ITEM 11110 COMPUTATION OF FREE TIME
(1) Acceptance of freight for storage is at the option or convenience of the terminal operator. (a) On Outbound cargo, at the first midnight after it is unloaded from barges, rail cars, vessels, or vehicles, or otherwise placed on wharfinger facilities. (b) On Inbound cargo, at the first midnight after the date vessel completes discharging. (2) Free time terminates at midnight of the final day of the free time period or upon the removal of the cargo from wharfinger facilities whichever occurs first. (3) The days during the loading or discharging operations of the vessel shall not be counted as wharf demurrage days on cargo actually loaded to or discharged from such vessels.
ITEM 11115 DISPOSITION OF MERCHANDISE AFTER EXPIRATION OF FREE TIME Freight remaining on terminal premises after expiration of free time (see Item No. 11120), and freight shut out at clearance of vessel may, at the discretion of the terminal operator, be allowed to remain where situated, be piled or replied to make space, be transferred to other locations on terminal premises, or be removed to public or private warehouse, with all expenses and risk of loss and damage for account of the owner, shipper, consignee or carrier as responsibility may appear.
ITEM 11120 FREE TIME/ASSEMBLY TIME
A. FREE TIME:
Unless otherwise provided, the free time periods allowed, exclusive of Saturdays, Sundays, and holidays, shall be the follows:
TRADE INBOUND OUTBOUND
Inland Waterway 5 days 5 days
Intercoastal 5 days 10 days
Foreign and Offshore (see Note) 7 days 10 days
Cargo transshipped between vessels involving a long and a short free time period shall be allowed the longer free time period, but in no case shall such cargo be allowed the aggregate of the inbound and outbound free time periods.
EXCEPTION: (a) Outbound cargo (merchandise), upon approval of the Port Director, may remain on wharves, premises or facilities of the Port at owner’s risk at no charge for a period of time not to exceed ten (10) working days beyond the allowable free time if the vessel for which the cargo was originally intended is unable to call as scheduled because of stress of weather, accident, breakdown or other emergency. Thereafter, wharf demurrage shall be assessed against such cargo (merchandise) unless or until t he cargo (merchandise) is PORT OF RICHMOND — TERMINAL TARIFF, FMC NO. 3
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accepted for wharf storage. This exception does not apply on cargo (merchandise) which wharf demurrage or storage charges have accrued prior to the original scheduled call date of the vessel. (b) The Port Director may extend the allowable free time on any merchandise if terminal operations or movement of merchandise are interrupted by war, earthquake, flood, fire, riot, or any unusual occurrence which, in the judgment of the Port Director, warrants the extension of such free time.
NOTE: Includes Alaskan, Hawaiian and Trans-Pacific Trades.
B. ASSEMBLY TIME:
Upon Shipper’s/Consignee’s request and subject to terminal space availability, the Port Director may grant time up to 20 days exclusive of Saturday, Sunday and holidays beyond regular free time allowance provided for in this tariff for assembling cargo lot s aggregating 200 revenue tons or more which constitutes an export/import shipment for loading or unloading from a specifically named vessel.
ITEM 11125 MINIMUM CHARGE
(a) WHARF DEMURRAGE: The minimum charge shall be $20.58 (b) DAILY STORAGE: When freight is stored on a daily storage basis for a period of less than 5 days, a minimum of 5 days storage will be assessed at the rates shown in individual items, subject to a minimum charge of $19.55 per month or fraction thereof on each invoice. (c) MONTHLY STORAGE: The minimum storage charge shall be $28.81 per month or fraction thereof.
ITEM 11130 STORAGE UNDER STRIKE CONDITIONS
Cargo which cannot be removed from the Port due to a general waterfront strike of five calendar days or more, or work stoppage of waterfront labor engaged in handling cargo which curtails Port operations for five calendar days or more will be subject to the following:
(a) Cargo on Free Time: Strikebound cargo will be continued on free time until the maximum free time allowed under this tariff has expired. The Exception in Item 11120 will not be applicable in the computation of free time under the provisions of this item. U pon expiration of free time, storage charges will be assessed under the provisions of Paragraph of this item. (b) Cargo on Demurrage or Storage: Cargo on Demurrage, Daily Storage, or Monthly Storage under the storage rates in this section, whichever results in the lowest charge during any calendar month in which the strike is in effect.
(c) Charges Applicable After Strike Ends: Strikebound cargo remaining on hand the first day of the first calendar month following the end of the strike will be subject to Daily Storage, unless prior arrangements have been made with the Port for Monthly Storage.
ITEM 11135 TRANSFER OF OWNERSHIP
Wharf demurrage charges, storage charges and receiving and delivery charges, are for the account of the cargo and any transfer of ownership after the cargo is received on the terminal will not entitle cargo to additional free time by reason of such transfer of ownership.
ITEM 12100 PER CONTAINER WHARF DEMURRAGE RATES
(See Item 11100)
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Non-Containerized and Breakbulk Cargo Demurrage Rates: (See Item 11100). Wharf Demurrage Charges on cargo not in containers will be assessed on a daily basis, including Saturdays, Sundays and Holidays as noted below:
ITEM 12105 NON-CONTAINER WHARF DEMURRAGE RATES
In dollars per Ton of 1,000 Kilograms or 1 Cubic Meter or other unit on the same basis as wharfage is assessed, except as otherwise shown. Includes Saturdays, Sundays, and Holidays.
COMMODITY CHARGE PER DAY
FOR FIRST 5 DAYS
CHARGE PER DAY FOR
EACH ADDITIONAL DAY
CARGO N.O.S. LUMBER, PER 1,000
Feet B.M., or fraction thereof $0.58 $1.13
Vehicles, motor, on wheels or
treads, as described in Item N.O.S.
09195, 09200, 09205 and 09210
Per vehicle
$1.65 $3.25
ITEM 12110 PER CONTAINER WHARF STORAGE RATES
Wharf Storage Rates on a Per Container basis are assessed on a daily basis, including Saturdays, Sundays and Holidays or on a monthly basis as noted below:
CONTAINER OUTSIDE LENGTH IN
METERS
DAILY STORAGE RATE
PER DAY OR FRACTION
THEREOF
MONTHLY STORAGE
RATE PER MONTH
OR FRACTION THEREOF
0 – 7.0 $134.80 $143.03
7.0 – 9.0 $134.80 $143.03
9.0 – 11.0 $143.03 $196.54
11.9 – 13 $196.54 $219.18
13.0 o rover $219.18 $303.56
COMMODITY STORAGE RATES
COLUMN A – Daily Storage Rates, per day or fraction thereof, Saturdays, Sundays and holidays, inclusive.
COLUMN B – Monthly Storage Rates, per month or fraction thereof.
COMMODITY A B
ITEM 12115
Cargo, NOS per 1,000 kilograms
or 1 cubic meter whichever produces the greater revenue. $0.43 $4.84 ITEM 12120
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COMMODITY A B
Cargo, NOS, per 1,000 kilograms
Or 1 cubic meter whichever produces the greater revenue – when held in uncovered areas (see Note 1).
NOTE 1: When outside uncovered storage is requested by shipper or consignee of goods.
Will not apply where commodity rates are specifically named for either covered storage.
$0.32
$3.70
ITEM 12125
Asbestos, in bags $0.25 $2.63
ITEM 12130
Beans, Cocoa, in bags $0.33 $3.12
ITEM 12135
Canned Goods, N.O.S (Except dried, dehydrated or frozen).
In cases or cartons. $0.32 $2.77
ITEM 12140
Coffee, green, in bags, per
Ton of 1,000 kilograms $0.34 N/A
ITEM 12145
Cotton, Cotton Linters,
Compressed, in bales $0.35 $4.34
ITEM 12150
Fertilizers, N.O.S. $0.24 $2.36
ITEM 12155
Fruit, dried, in bags or cases $0.30 $2.76
ITEM 12160
Iron or Steel Articles, NOS.,
when held in uncovered areas $0.30 $2.22
Iron or Steel Sheets, loose,
in packages, or in rolls $0.25 $2.22
Iron or Steel Pipe, NOS $0.35 $3.72
ITEM 12165
Liquor, i.e., Alcoholic Beverages $0.44 $4.91
ITEM 12170
Lumber, per 1,000 feet B.M.,
In uncovered areas $0.61 $2.77
ITEM 12175
Lumber, per 1,000 feet B.M.,
In uncovered areas $0.35 $3.48
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COMMODITY A B
ITEM 12180
Milk, or Milk Products, dried $0.34
ITEM 12185
Ore and Ore Concentrates, in packages – when held in uncovered areas $0.30 $2.27 ITEM 12190
Paper and Paper Articles, viz.:
Bags $0.47 $2.42
Boxes, Fiber, Corrugated, K.D. $0.57 $6.58
Folded
Napkins, Towels $0.69 $10.99
Newsprint, rolls pulpboard,
in rolls $0.23 $2.27
Tissues, NOS, including toilet paper $0.56 $6.58
Waste, in machine compressed
bales, or bundles $0.37 $3.29
Wrapping paper $0.51 $5.66
ITEM 12195
Petroleum and Petroleum
Outbound Products, in packages only $0.33 $3.00
ITEM 12200
Pipe, asbestos, and/or cement
When held in uncovered areas $0.33 $3.00
ITEM 12205
Plywood or Veneer, N.O.S., in Packages $0.51 $5.82
ITEM 12210
Rice $0.45 $3.48
ITEM 12215
Sugar, N.O.S., in sacks $0.33 $3.01
ITEM 12220
Tin Plate $2.90 $2.48
ITEM 12225
Vehicles, Commercial (as described in 09200) per unit $1.02 -- ITEM 12230
Vehicles, Motor, on wheels
not boxed (as described in Item 09195) per unit
When stored in closed areas $1.88 $4.70
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COMMODITY A B
When stored in open area,
on terminal, per vehicle $0.98
When stored in open areas
off terminal per vehicle $0.73
ITEM 12235
Vehicles, trucktractors (as Described in item 092051), Per units: $1.76 ITEM 12240
Wire or Strapping in cartons, boxes, crates, on skids, or on reels $0.33 $2.76
ITEM 12245
Yachts and Small Boats (applicable Intercoastal Trade only):
For the first 14 calendar days after expiration of free time $0.92 N/A For each day exceeding 14 calendar days $1.71 N/A
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SECTION VI — VESSELS
Definitions
“Vessel” shall include but not be limited to steamboats, motorboats, sailing vessels, barges, scows, lighters, ferryboats, pleasure craft, and any other watercraft, including a vessel acting by or through its owners, agents, master, operators, charterers or any other person duly authorized to act on behalf of such vessel.
1. Berth Assignments
a. Application for a berth is required and must be approved by the Port Director, as far in advance as possible but not less than 72-hours prior to berthing. Berths are granted on a non-preferential basis depending on space availability, unless otherwise pro vided for in a contractual agreement between the Port and the vessel owner or operator.
b. All berth assignments are subject to the provisions, rates, charges, of this Tariff as well as any conditions relating to such assignment.
c. At the request of the Port Director, every vessel owner must provide written documentation of current ownership and a current California Department of Fish and Game vessel license. d. The Port Director may disapprove any berth assignment for failure to comply with the terms of this Tariff, for an unseaworthy vessel, non-payment of charges, or if an available berth is not suited for the intended vessel.
e. Any vessel that docks at facilities under the Port’s jurisdiction without an approved application or at a berth that has not been assigned to such vessel, shall be subject to three times the rates and charges that would otherwise apply under this Tariff.
f. If a vessel occupies a berth in violation of this section after 24 -hours written notice, it may be immediately impounded, shifted, towed or hauled to storage area at owner’s sole expense. g. A vessel captain or operator using a facility of the Port without an approved application, or having taken shelter at a facility due to extreme weather conditions or distress, does so at his/her own risk and must immediately notify the Port Director; the vessel, its owner, agent and/or charterer shall be responsible for any and all charges, damages, and losses of any nature due to use of such facility. Upon alleviation of the extreme weather conditions or distress, the vessel shall immediately vacate the Port facility. If vessel repairs are necessary, they shall be carried out promptly; written proof of due diligence shall be submitted to the Port Director on request. h. Any condition on the vessel, berth or pier caused by such vessel, owner or operator, which in the opinion of the Port Director may constitute a fire hazard, health menace, environmental or any other danger to public safety, shall be corrected or removed immediately; if the vessel owner or operator neglects or refuses to remedy such condition, the Port may rectify the hazard or danger at the vessel owner or operator’s sole cost and expense.
2. Berth Utilization
a. Commercial berth facilities will not be assigned for regularly scheduled crew -change operations, daily support service functions, or other uses that could be construed as a company base of operations or proprietary assignment.
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b. Vessels supporting Port contractors may be approved for berthing if the Port is obligated to provide berthing space. Non -Port contractors’ berthing space will only be assigned at the sole discretion of the Port Director to load materials, and only if the contract site is not suitable to load job related materials, equipment and employees. All berth assignments will be for a specified length of time, as determined by the Port Director.
3. Vacating Berth
a. When a berth, dock or other facility is declared by the Port Director as threatened by congestion, vessels shall be required to work continuously (including overtime) at their own expense. Any vessel that refuses to work overtime shall vacate the berth on order of the Port Director and shall forfeit its position and be relegated to the end of the list of vessels awaiting a berth. b. On completion of loading or unloading, the vessel shall vacate the berth. However, at the discretion of the Port Director, and if no other vessel is awaiting a berth, a vessel may be allowed to remain at such berth.
c. If a vessel fails to vacate a berth, it may be removed by the Port, on instruction by the Port Director, at the vessel’s sole risk and expense.
4. Person on Board with Authority
a. Vessels must at all times have on board at least one person in charge, with authority to take such action in an emergency as may be deemed necessary by the Port Director. b. A vessel must shift or go into the stream at its own expense when so ordered by the Port Director, who shall have the power to enforce removal at the sole expense of the vessel. c. The master, agent or owner of a vessel refusing or neglecting to obey the orders of the Port Director in any way relating to regulation of the Port, or removal or stationing of such vessel, is guilty of a misdemeanor, and shall be liable for a fine or imprisonment, or both. d. Whenever the master or any person in charge of any vessel or other watercraft fails or refuses to change position of such vessel or watercraft as instructed by the Port, the Port Director or representative may board such vessel or watercraft (with assistan ce as may be necessary) and change the position of such vessel or watercraft at vessel owners sole cost and expense.
5. No Hazardous Obstructions
All berths, piers, floats and gangways shall be kept clear at all times of hazardous obstructions, including skiffs, booms, blocks or any other gear related to fishing or vessel operations.
6. Speed Restriction
A vessel navigating any portion of the Port at an excessive rate of speed shall be responsible for any damage sustained on account of such action; a rate of speed greater than five (5) nautical miles per hour shall be deemed excessive.
7. Tug Services
All tug services required by vessels entering, leaving or shifting within the Port must be performed by tugs permitted and authorized by the Port Director to do so. No person shall provide tug services within the Port without a permit issued by the Port Director.
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8. Navigation Regulations for Tows
a. Outbound tows over 65 -feet in length shall be bunched and made -up until they are clear of the Port Restricted Area; and inbound tows over 65 -feet in length shall be bunched and made -up before entering the Port Restricted Area.
b. It shall be unlawful for any person operating any towboat (or vessel of any kind) that tows a vessel, barge, scow, log, timber or refuse of any kind within the limits of the Port with a tow line out from the towing vessel that is longer than necessary.
9. Lights at Night
a. All vessels, barges, cranes and other equipment, while anchored, moored or installed at the Port, must show lights in accordance with applicable federal, state and municipal laws, . No person shall:
(i) Neglect or refuse, during the night between sunset and sunrise, to adequately light and keep lighted and properly watched all gangways, manropes and other appliances erected for the purpose of allowing access to such vessel from shore.
(ii) Display running lights on any vessel, barge or watercraft lying at a wharf between sunset and sunrise.
(iii) Fail to adequately light all openings in the vessel’s side, hoisting gear and cargo handling conveyance that may be in use during sundown and sunrise, or fail, neglect or refuse to close all openings in the vessel’s side, or uprig all hoisting gear and ca rgo handling conveyance during the night, unless actually in use.
10. No Mooring Lines
No person may run a mooring line across any slip, without written permission by the Port Director.
11. Making Fast to Buoys
No person may make fast or attach a vessel to a buoy belonging to the Port, except in an emergency, without consent of the Port Director; such vessel shall be subject to removal (at the expense of such vessel, its agent or owner) to such other place as the Port Director may determine.
12. Anchorage
a. No person may anchor or moor a vessel at the entrance or within any fairway, channel, slip, basin or other Port area, without written permission of the Port Director. The Port Director may designate any area within the Port for temporary anchoring or mooring of vessels. b. For any violation under this section, it shall be sufficient to describe the particular vessel and the registered or documented owner as the party in violation. c. Each 24-hour period, or portion thereof, shall be a separate offense and subject to penalties for each such separate offense.
13. Obstruction to Navigation
a. No person may tie up or anchor a vessel in a navigable channel within the Port that prevents or obstructs navigation or passage of other vessels; or to sink (or permit to be sunk) any vessel or obstruction in navigable waters; or to float (or permit to be floated) timber or logs in navigable waters that obstructs, impedes or endangers navigation.
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b. When a vessel is wrecked, or a vessel or object is sunk in the Port, the owner or person in charge of such sunken vessel or object shall immediately mark it with a buoy or beacon during the day, and a lighted lantern at night, and maintain such marks until the sunken vessel or object is removed or abandoned.
c. The owner or person in charge of any sunken vessel or object shall immediately commence removal thereof; failure to do so shall be considered an abandonment of such vessel or object, subject to removal by the Port at the owner’s sole cost and expense. Further, neglect or failure by the owner or person in charge to immediately remove such vessel or object shall be unlawful and a violation of this Tariff.
14. Abandoned Vessels
a. Any hulk, wreck or vessel parts or watercraft sunk, beached or allowed to remain in an unseaworthy or dilapidated condition in the Port for more than 30 -days without a watchman or person in charge, without consent of the Port Director, shall be abandoned property. In that event, the Port may (after publication as determined by the Port) cause such property to be sold, destroyed or disposed of in any way it deems expedient or convenient; if sold, title shall vest in the buyer who must immediately take ste ps to remove such property. Sale proceeds shall be property of the Port.
b. If an owner places a notice on the vessel in plain view, listing name, address and claim of ownership (or agent or representative in California) and files a copy of the notice with the Port Director at least 5-days prior to sale or disposal, the Port Director may allow such owner up to 30- days’ to remove or cause the property to be removed; if not so done within such 30-days, the Port Director may immediately sell, destroy or otherwise dispose of such property c. If the vessel has a registration or documentation number on it, written notice or removal shall be sent to the registered owner at least 5 days prior to such removal or sale.
15. Sunken Wrecks
a. If navigation in the Port is obstructed or endangered by any sunken vessel, obstruction or object, and has existed for longer than 30-days, or if abandonment of such obstruction can be established in less time, such vessel, obstruction or object shall be removed, sold or otherwise disposed of by the Port, in its sole discretion, without liability for any damage to the owner. b. If a vessel, obstruction or object is in danger of sinking or grounding, and/or seriously interfering with or endangering navigation, the Port Director shall have the right to take immediate possession, remove or destroy it and clear the navigable waters to prevent unnecessary injury; it shall be unlawful for any person to interfere with or prevent such removal or destruction; provided, however, that the Port Director may give notice in writing to the owner or person in charge of any such obstruction, requiring such owner or person to immediately remove it. c. The expense of removing any vessel, obstruction or object as stated above shall be for the owner thereof; if such owner fails or refuses to reimburse the Port for such expense within 30 - days of written notice, the Port may sell such vessel, obstruction o r object that may not have been destroyed in removal, and the proceeds of such sale shall be used therefore.
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16. Change re Mooring
If any vessel is moored or fastened to any wharf or bulkhead, or to any other vessel in the Port, in an unsafe or dangerous manner, the Port Director may order and direct that such vessel be changed or moved to prevent such danger; the owner, master, or an y other person having charge of such vessel, shall comply with such orders or directions issued by the Port Director.
17. Vessel Repairs
No service provider or mechanic may repair or provide maintenance services to a vessel berthed at Port facilities without first securing an approved “Vessel Repair Permit” from the Port Director and agreeing to abide by all terms and conditions therein. Re pairs to vessels moored at Port facilities are prohibited, except those performed in compliance with this Tariff or minor incidental repairs while loading or discharging cargo.
18. Commercial Fishing Vessels
a. A commercial fishing vessel shall mean a vessel that (i) is documented or licensed by the U.S. Department of Commerce, U.S. Coast Guard or California Department of Fish and Game, as a commercial fishing vessel; (ii) is self- propelled; (iii) was designed and is primarily used for catching fish or which has been converted into a vessel that is p rimarily used for catching fish, and subsequently sells or delivers fish to a cannery, processing plant or wholesale fish market; and (iv) during the preceding twelve 12-month period has complied with one of the following:
(i) Fish and Game receipts, verifiable by the California Department of Fish and Game, that such vessel was used to catch 10-metric tons of fish; or
(ii) Documentation that such vessel was used to catch fish with a commercial value of at least $10,000 if the vessel is less than 30- feet in length or at least $50,000, if the vessel is greater than 30-feet in length.
19. Idle Vessels
a. If a vessel is found fast to a designated fish wharf and is not being unloaded or loaded, it shall be subject to charges and penalties as provided herein, without further evidence or proof. b. Any vessel that refuses or fails to haul away from the wharf and vacate such berth after having finished discharging or loading, shall be subject to and assessed dockage at three times the rates provided in this Tariff; and, in addition thereto, for each day or portion thereof, that such vessel remains at such wharf, it shall be in violation of this Tariff. c. All charges made in connection with moving and impounding vessels, as provided for herein, shall become due and payable within 30-days of invoice date.
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SECTION VII — CARGO HANDLING PERMITS
Definitions
a. “Handler” means any person, entity or corporation engaged in the business of handling cargo in the Port area of the Port of Richmond, whether in the capacity of stevedore, handler, car loader or vessel operator or agent.
b. A “Cargo Handling Permit” is granted by the Port to a handler to operate in the Port area. c. “Handling Permit Fees” are fees for cargo handling permit of $266 per year or fraction thereof, payable in advance and annually on the first day of July thereafter. d. “Handling” is physically moving cargo between point of rest and any place in the Port area. e. The “Term of the Permit” is from date of approval until termination or revocation, subject to the terms of this Section.
A. CARGO HANDLING PERMIT
1. Required Permit
a. No person may engage in the business of handling cargo in the Port area without a cargo-handling permit, except as follows:
Exception 1: When a truck operator or railroad company performs services re loading or unloading freight and absorbs the cost of such service into the rate for transportation and makes no extra charge for such loading or unloading.
Exception 2: If, in the sole discretion of the Port, the public interest or existing conditions warrant temporary suspension of the requirement that handlers obtain a permit.
Exception 3: When a waterfront parcel lessee handles cargo under the use provisions of the lease over such parcel, or a lessee of an interior parcel handles cargo as described under the use provisions of the lease for lessee’s account.
2. Rates & Charges
a. A cargo-handling permit may only be issued on written application. b. The handler must at all times keep on file with the Port a schedule with rates and/or charges, itemized as to operations and commodities; if any party files a claim with the Port that such rate and/or charges are unreasonable, the handler shall show cause why they should not be revised or modified.
c. Any rates or charges in excess of those in the schedule or refusal to abide by a Port order to revise or modify them shall be cause for revocation, suspension or termination of such permit. d. Cargo-handling permits are revocable by the Port Director at any time at his/her sole discretion.
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SECTION VIII — CLEAN PORT PROGRAM
A. ENVIRONMENTAL POLICY
1. Authority
2. Purpose
To ensure compliance with environmental statutes and adopt an environmental framework, with clear principles and actionable goals.
3. Policy
The Port’s environmental policy provides that it shall fully comply and adhere to the California Environmental Quality Act (CEQA), as well as applicable local, state and federal regulations. The Port is committed to managing resources and conducting its bu siness in such a way as to be environmentally and fiscally responsible and manage the environmental impact of port operations on the local community consistent with CEQA, a well as applicable local, state and federal regulations, through implementation of pollution prevention measures and by partnering with vendors and customers with shared environmental goals.
4. Guiding Principles
The environmental framework was approved by the City Council to (a) optimize commerce in an environmentally responsible manner; (b) encourage and foster environmental stewardship and protection of natural resources; and (c) engage, educate and collaborate with the local community, port customers and tenants,
5. Policy Goals
To identify and implement sustainable practices in marine terminal and industrial operations and management, educate and inform the local community, port customers and tenants, and Ventura Naval Base about port operations and environmental programs.
6. At Berth Regulations and Compliance
In December 2007, the California Air Resources Board (CARB) approved the “Airborne Toxic Control Measure for Auxiliary Diesel Engines Operated on Ocean -Going Vessels At -Berth in a California Port” Regulation, commonly referred to as the “At -Berth Regulation”. The purpose of such Regulation is to reduce emissions from diesel auxiliary engines on container ships, passenger ships, and refrigerated -cargo ships while berthing at a California Port.
B. CLEAN AIR PROGRAM FEE
The Port will assess a Clean Air Program Fee of $200 per hour. This fee will apply to vessels subject to the CARB At-Berth Regulations (Title 17, California Code of Regulations, Section 93130) when such vessels are calling at regulated berths. The charge is being assessed to offset costs associated with: provision, operation, and maintenance of CARB -approved emissions control systems; monitoring and reporting activities required by CARB; and administrative compliance support.