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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled SB 3                                                                                                           
01 Relating to the regulation of wastewater discharge from small commercial passenger vessels                              
02 in state waters; and providing for an effective date.                                                                   
03                           _______________                                                                               
04    * Section 1. AS 46.03.462(a) is amended to read:                                                                     
05            (a)  An owner or operator may not discharge any treated sewage, graywater, or                                
06       other wastewater from a commercial passenger vessel into the marine waters of the                                 
07       state unless the owner or operator                                                                                
08                 (1)  obtains a permit under AS 46.03.100 that complies [, WHICH                                     
09       SHALL COMPLY] with the terms and conditions of vessel discharge requirements                                      
10       specified in (b) of this section; or                                                                            
11                 (2)  has a plan approved under (k) of this section.                                                   
12    * Sec. 2. AS 46.03.462(b) is amended to read:                                                                        
13            (b)  The minimum standard terms and conditions for all discharge permits                                     
14       authorized under (a)(1) of this section require that the owner or operator                                      
01                 (1)  may not discharge untreated sewage, treated sewage, graywater, or                                  
02       other wastewaters in a manner that violates any applicable state or federal law                                   
03       governing the disposal or discharge of solid or liquid waste material;                                            
04                 (2)  shall maintain records and provide the reports required under                                      
05       AS 46.03.465(a);                                                                                                  
06                 (3)  shall collect and test samples as required under AS 46.03.465(b)                                   
07       and (d) and provide the reports with respect to those samples required by                                         
08       AS 46.03.475(c);                                                                                                  
09                 (4)  shall report discharges in accordance with AS 46.03.475(a);                                        
10 (5)  shall allow the department access to the vessel at the time samples                                                
11 are taken under AS 46.03.465 for purposes of taking the samples or for purposes of                                      
12       verifying the integrity of the sampling process; and                                                              
13 (6)  shall submit records, notices, and reports to the department in                                                    
14       accordance with AS 46.03.475(b), (d), and (e).                                                                    
15    * Sec. 3. AS 46.03.462(e) is amended to read:                                                                        
16 (e)  When issuing, reissuing, renewing, or modifying a permit required under                                            
17 (a)(1) [(a)] of this section, the department may only include the authorization of a                                  
18 mixing zone for a commercial passenger vessel that employs an advanced wastewater                                       
19 treatment system that falls within the class of systems identified by the department                                    
20 under (j) of this section or employs other means of pollution prevention, control, and                                  
21 treatment that the department finds can achieve a quality of effluent that is comparable                                
22 to that of one or more vessels employing an advanced wastewater treatment system. If                                    
23 a commercial passenger vessel employs an advanced wastewater treatment system that                                      
24 satisfies the requirements of this subsection, the department shall find the commercial                                 
25 passenger vessel satisfies all state technology-based treatment requirements for                                        
26       authorization of a mixing zone.                                                                                   
27    * Sec. 4. AS 46.03.462 is amended by adding a new subsection to read:                                                
28 (k)  The owner or operator of a small commercial passenger vessel may submit                                            
29 a plan for alternative terms and conditions of vessel discharges. The alternative terms                                 
30 and conditions may include alternatives to the requirements under AS 46.03.465(a) -                                     
31 (d). The department shall approve the plan for a five-year period if the department                                     
01 finds that the alternative terms and conditions in the plan incorporate the best                                        
02 management practices for protecting the environment to the maximum extent feasible.                                     
03 The department shall adopt regulations to implement this subsection but may not                                         
04 require an owner or operator to retrofit a vessel solely for the purpose of waste                                       
05 treatment if the retrofitting requires additional stability testing or relicensing by the                               
06 United States Coast Guard. In this subsection, "best management practices" means                                        
07 schedules of activities, prohibitions of practices, maintenance procedures, and other                                   
08 management practices to prevent or reduce the pollution of the marine waters of the                                     
09       state.                                                                                                            
10    * Sec. 5. AS 46.03.463(b) is amended to read:                                                                        
11 (b)  Except as provided in (h) of this section or under a plan for a small                                            
12 commercial passenger vessel approved under AS 46.03.462(k), a person may not                                          
13 discharge sewage from a commercial passenger vessel into the marine waters of the                                       
14 state that has suspended solids greater than 150 milligrams per liter or a fecal coliform                               
15 count greater than 200 colonies per 100 milliliters except that the department may by                                   
16 regulation adopt a protocol for retesting for fecal coliform, if this discharge limit for                               
17 fecal coliform is exceeded, under which a discharger will be considered to be in                                        
18 compliance with the fecal coliform limit if the geometric mean of fecal coliform count                                  
19 in the samples considered under the protocol does not exceed 200 colonies per 100                                       
20       milliliters.                                                                                                      
21    * Sec. 6. AS 46.03.463(c) is amended to read:                                                                        
22 (c)  Except as provided in (h) of this section or under a plan for a small                                            
23 commercial passenger vessel approved under AS 46.03.462(k), a person may not                                          
24 discharge graywater or other wastewater from a commercial passenger vessel into the                                     
25 marine waters of the state that has suspended solids greater than 150 milligrams per                                    
26 liter or a fecal coliform count greater than 200 colonies per 100 milliliters except that                               
27 the department may by regulation adopt a protocol for retesting for fecal coliform, if                                  
28 this discharge limit for fecal coliform is exceeded, under which a discharger will be                                   
29 considered to be in compliance with the fecal coliform limit if the geometric mean of                                   
30 fecal coliform count in the samples considered under the protocol does not exceed 200                                   
31       colonies per 100 milliliters.                                                                                     
01    * Sec. 7. AS 46.03.465 is amended by adding a new subsection to read:                                                
02 (i)  The department may exempt from the requirements of (a) - (d) of this                                               
03 section the owner or operator of a small commercial passenger vessel who has a plan                                     
04 for alternative terms and conditions of vessel discharges approved under                                                
05       AS 46.03.462(k).                                                                                                  
06    * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).                                                   
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