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28th Legislature(2013-2014)

Bill Text 28th Legislature

00 Enrolled HB 80                                                                                                          
01 Relating to the regulation of wastewater discharge from commercial passenger vessels in state                           
02 waters; and providing for an effective date.                                                                            
03                           _______________                                                                               
04    * Section 1.  AS 46.03.462(b) is amended to read:                                                                  
05            (b)  The minimum standard terms and conditions for all discharge permits                                     
06       authorized under this section require that the owner or operator                                                  
07                 (1)  may not discharge untreated sewage, treated sewage, graywater, or                                  
08       other wastewaters in a manner that violates any applicable state or federal law                               
09       governing the disposal or discharge of solid or liquid waste material [EFFLUENT                               
10       LIMITS OR STANDARDS UNDER STATE OR FEDERAL LAW, INCLUDING                                                         
11       ALASKA WATER QUALITY STANDARDS GOVERNING POLLUTION AT THE                                                         
12       POINT OF DISCHARGE, EXCEPT AS PROVIDED IN (e) OF THIS SECTION];                                                   
13                 (2)  shall maintain records and provide the reports required under                                      
14       AS 46.03.465(a);                                                                                                  
01                 (3)  shall collect and test samples as required under AS 46.03.465(b)                                   
02       and (d) and provide the reports with respect to those samples required by                                         
03       AS 46.03.475(c);                                                                                                  
04                 (4)  shall report discharges in accordance with AS 46.03.475(a);                                        
05                 (5)  shall allow the department access to the vessel at the time samples                                
06       are taken under AS 46.03.465 for purposes of taking the samples or for purposes of                                
07       verifying the integrity of the sampling process; and                                                              
08                 (6)  shall submit records, notices, and reports to the department in                                    
09       accordance with AS 46.03.475(b), (d), and (e).                                                                    
10    * Sec. 2. AS 46.03.462(c) is amended to read:                                                                      
11            (c)  The owner or operator of a small commercial passenger vessel may submit                                 
12       a plan for alternative terms and conditions of vessel discharges [IF THE KEEL OF                                  
13       THE VESSEL WAS LAID BEFORE JANUARY 1, 2004]. The alternative terms and                                            
14       conditions may include alternatives to the requirements under AS 46.03.465(a) - (d).                              
15       The [EXCEPT AS PROVIDED IN (d) OF THIS SECTION, THE] department shall                                         
16       approve the plan for a five-year [THREE -YEAR] period if the department finds that                            
17       the alternative terms and conditions in the plan incorporate the best management                                  
18       practices for protecting the environment to the maximum extent feasible. The                                      
19       department shall adopt regulations to implement this subsection but may not require                               
20       an owner or operator to retrofit a vessel solely for the purpose of waste treatment if the                        
21       retrofitting requires additional stability testing or relicensing by the United States                            
22       Coast Guard. In this subsection, "best management practices" means schedules of                                   
23       activities, prohibitions of practices, maintenance procedures, and other management                               
24       practices to prevent or reduce the pollution of the marine waters of the state.                                   
25    * Sec. 3. AS 46.03.462(e) is repealed and reenacted to read:                                                       
26            (e)  When issuing, reissuing, renewing, or modifying a permit required under                                 
27       (a)(1) of this section, the department may only include the authorization of a mixing                             
28       zone for a commercial passenger vessel that employs an advanced wastewater                                        
29       treatment system that falls within the class of systems identified by the department                              
30       under (j) of this section or employs other means of pollution prevention, control, and                            
31       treatment that the department finds can achieve a quality of effluent that is comparable                          
01       to that of one or more vessels employing an advanced wastewater treatment system. If                              
02       a commercial passenger vessel employs an advanced wastewater treatment system that                                
03       satisfies the requirements of this subsection, the department shall find the commercial                           
04       passenger vessel satisfies all state technology-based treatment requirements for                                  
05       authorization of a mixing zone.                                                                                   
06    * Sec. 4. AS 46.03.462 is amended by adding new subsections to read:                                               
07            (i)  Notwithstanding any contrary provision of law, the department may                                       
08       administratively extend until December 15, 2015, the duration of the general permit                               
09       that was issued in 2010 under AS 46.03.100 to regulate wastewater discharges from                                 
10       commercial passenger vessels.  The department may modify the terms of the                                         
11       administratively extended general permit following the process provided for by law                                
12       for modifying other permits issued by the department under AS 46.03.100.                                          
13            (j)  In this section, the department shall determine the systems that constitute                             
14       the class of advanced wastewater treatment systems that may be approved by permit                                 
15       under (e) of this section considering factors deemed appropriate by the department. At                            
16       a minimum, the department's determination must find                                                               
17                 (1)  that the system provides treatment of sewage and graywater on                                      
18       board commercial passenger vessels that achieves levels of biological treatment, solids                           
19       removal, and disinfection higher than that achieved by traditional marine sanitation                              
20       devices required by 33 C.F.R. 159; and                                                                            
21                 (2)  that effluent discharged from that system meets all requirements                                   
22       under P.L. 106-554, 33 U.S.C. 1901 note.                                                                          
23    * Sec. 5. AS 46.03.462(d), 46.03.462(f), 46.03.462(g), and 46.03.464 are repealed.                                 
24    * Sec. 6. Sections 3 and 7, ch. 53, SLA 2009, are repealed.                                                        
25    * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).                                                 
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