26th Legislature(2009-2010)
Bill Text 26th Legislature
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00 Enrolled HB 134
01 Relating to the terms and conditions of commercial passenger vessel permits for the discharge
02 of graywater, treated sewage, and other wastewater; establishing a science advisory panel on
03 wastewater treatment and effluent quality in the Department of Environmental Conservation;
04 and providing for an effective date.
05 _______________
06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section
07 to read:
08 LEGISLATIVE INTENT. It is the intent of the legislature that the minimum standards
09 for the terms and conditions of wastewater discharge permits for large commercial passenger
10 vessels meet all applicable state and federal effluent limits or standards, including Alaska
11 Water Quality Standards, governing pollution at the point of discharge. The Department of
12 Environmental Conservation shall establish and consult with a science advisory panel on
13 wastewater treatment to evaluate the most technologically effective and economically feasible
14 treatment options.
01 * Sec. 2. AS 46.03.462(b) is amended to read:
02 (b) The minimum standard terms and conditions for all discharge permits
03 authorized under this section require that the owner or operator
04 (1) may not discharge untreated sewage, treated sewage, graywater, or
05 other wastewaters in a manner that violates any applicable effluent limits or standards
06 under state or federal law, including Alaska Water Quality Standards governing
07 pollution at the point of discharge, except as provided in (e) of this section;
08 (2) shall maintain records and provide the reports required under
09 AS 46.03.465(a);
10 (3) shall collect and test samples as required under AS 46.03.465(b)
11 and (d) and provide the reports with respect those samples required by
12 AS 46.03.475(c);
13 (4) shall report discharges in accordance with AS 46.03.475(a);
14 (5) shall allow the department access to the vessel at the time samples
15 are taken under AS 46.03.465 for purposes of taking the samples or for purposes of
16 verifying the integrity of the sampling process; and
17 (6) shall submit records, notices, and reports to the department in
18 accordance with AS 46.03.475(b), (d), and (e).
19 * Sec. 3. AS 46.03.462(b), as amended by sec. 2 of this Act, is amended to read:
20 (b) The minimum standard terms and conditions for all discharge permits
21 authorized under this section require that the owner or operator
22 (1) may not discharge untreated sewage, treated sewage, graywater, or
23 other wastewaters in a manner that violates any applicable effluent limits or standards
24 under state or federal law, including Alaska Water Quality Standards governing
25 pollution at the point of discharge [, EXCEPT AS PROVIDED IN (e) OF THIS
26 SECTION];
27 (2) shall maintain records and provide the reports required under
28 AS 46.03.465(a);
29 (3) shall collect and test samples as required under AS 46.03.465(b)
30 and (d) and provide the reports with respect those samples required by
31 AS 46.03.475(c);
01 (4) shall report discharges in accordance with AS 46.03.475(a);
02 (5) shall allow the department access to the vessel at the time samples
03 are taken under AS 46.03.465 for purposes of taking the samples or for purposes of
04 verifying the integrity of the sampling process; and
05 (6) shall submit records, notices, and reports to the department in
06 accordance with AS 46.03.475(b), (d), and (e).
07 * Sec. 4. AS 46.03.462 is amended by adding new subsections to read:
08 (e) When issuing, reissuing, renewing, or modifying a permit required under
09 (a)(1) of this section, the department may include effluent limits or standards less
10 stringent than those required under (b)(1) of this section for not more than three years
11 duration if the department finds that a permittee is using economically feasible
12 methods of pollution prevention, control, and treatment the department considers to be
13 the most technologically effective in controlling all wastes and other substances in the
14 discharge but is unable to achieve compliance with Alaska Water Quality Standards at
15 the point of discharge.
16 (f) In developing an effluent limit or standard under (e) of this section, the
17 department shall
18 (1) require use of economically feasible methods of pollution
19 prevention, control, and treatment the department finds to be the most technologically
20 effective; and
21 (2) apply all other applicable provisions of state law and this section.
22 (g) When reissuing, renewing, or modifying a permit required under this
23 section that was issued after the effective date of this bill section, the department may
24 not include effluent limits or standards less stringent than the comparable effluent
25 limitations in a previous permit issued under this section.
26 (h) Nothing in this section shall be construed to limit the authority of the
27 department to
28 (1) restrict the areas in which discharges permitted under this section
29 may occur; or
30 (2) impose additional terms and conditions on the manner in which
31 discharges permitted under this section may be made in a specific area.
01 * Sec. 5. AS 46.03 is amended by adding a new section to read:
02 Sec. 46.03.464. Advisory panel on wastewater treatment; commissioner's
03 reports to the legislature. (a) A science advisory panel is established in the
04 department. The panel consists of 11 members selected by the commissioner.
05 Members of the panel serve without compensation but are entitled to transportation
06 expenses and per diem as authorized for members of boards and commissions under
07 AS 39.20.180. Each of the individuals the commissioner selects serves for up to a six-
08 year period and have expertise in the design, operation, or function of wastewater
09 management and treatment systems. Among the 11 panel members, the commissioner
10 shall select at least one individual from each of the following groups:
11 (1) coastal community domestic wastewater management;
12 (2) the cruise ship industry;
13 (3) the commercial fishing industry; and
14 (4) a nongovernmental organization with an interest in water quality
15 matters.
16 (b) The panel shall
17 (1) meet at the call of the commissioner and give public notice of
18 meetings of the panel as required under AS 44.62.310 and 44.62.312;
19 (2) hold one or more public conferences or workshops before 2013,
20 with at least one public conference or workshop to be held between January 1, 2013,
21 and January 1, 2015, if the department issues, renews, or modifies a permit required
22 under AS 46.03.462(a)(1) after January 1, 2012; and
23 (3) assist and advise the commissioner in conducting the analyses and
24 preparing the reports required in (c) and (d) of this section.
25 (c) On or before January 1, 2013, the commissioner, in consultation with the
26 panel, shall provide a preliminary report to the legislature that summarizes
27 (1) methods of pollution prevention, control, and treatment in use and
28 the level of effluent quality achieved by commercial passenger vessels;
29 (2) additional economically feasible methods of pollution prevention,
30 control, and treatment that could be employed to provide the most technologically
31 effective measures to control all wastes and other substances in the discharge; and
01 (3) the environmental benefit and cost of implementing additional
02 methods of pollution prevention, control, and treatment identified in (2) of this
03 subsection.
04 (d) On or before January 1, 2015, the commissioner, in consultation with the
05 panel, shall provide a final report to the legislature that includes the topics identified in
06 (c)(1) - (3) of this section.
07 * Sec. 6. AS 46.03.465 is amended by adding a new subsection to read:
08 (h) On request, the owner or operator of a commercial passenger vessel
09 discharging wastewater under AS 46.03.462(b) shall provide the department with
10 information relating to wastewater treatment, pollution avoidance, and pollution
11 reduction measures used on the vessel, including testing and evaluation procedures
12 and economic and technical feasibility analyses.
13 * Sec. 7. AS 46.03.462(e), 46.03.462(f), and 46.03.464 are repealed.
14 * Sec. 8. Sections 3 and 7 of this Act take effect December 31, 2015.
15 * Sec. 9. Except as provided in sec. 8 of this Act, this Act takes effect immediately under
16 AS 01.10.070(c).
