00 SENATE BILL NO. 3
01 "An Act relating to the regulation of wastewater discharge from small commercial
02 passenger vessels in state waters; relating to art requirements for certain public
03 facilities; and providing for an effective date."
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
05 * Section 1. AS 46.03.462(a) is amended to read:
06 (a) An owner or operator may not discharge any treated sewage, graywater, or
07 other wastewater from a commercial passenger vessel into the marine waters of the
08 state unless the owner or operator
09 (1) obtains a permit under AS 46.03.100 that complies [, WHICH
10 SHALL COMPLY] with the terms and conditions of vessel discharge requirements
11 specified in (b) of this section; or
12 (2) has a plan approved under (k) of this section.
13 * Sec. 2. AS 46.03.462(b) is amended to read:
14 (b) The minimum standard terms and conditions for all discharge permits
01 authorized under (a)(1) of this section require that the owner or operator
02 (1) may not discharge untreated sewage, treated sewage, graywater, or
03 other wastewaters in a manner that violates any applicable state or federal law
04 governing the disposal or discharge of solid or liquid waste material;
05 (2) shall maintain records and provide the reports required under
06 AS 46.03.465(a);
07 (3) shall collect and test samples as required under AS 46.03.465(b)
08 and (d) and provide the reports with respect to those samples required by
09 AS 46.03.475(c);
10 (4) shall report discharges in accordance with AS 46.03.475(a);
11 (5) shall allow the department access to the vessel at the time samples
12 are taken under AS 46.03.465 for purposes of taking the samples or for purposes of
13 verifying the integrity of the sampling process; and
14 (6) shall submit records, notices, and reports to the department in
15 accordance with AS 46.03.475(b), (d), and (e).
16 * Sec. 3. AS 46.03.462(e) is amended to read:
17 (e) When issuing, reissuing, renewing, or modifying a permit required under
18 (a)(1) [(a)] of this section, the department may only include the authorization of a
19 mixing zone for a commercial passenger vessel that employs an advanced wastewater
20 treatment system that falls within the class of systems identified by the department
21 under (j) of this section or employs other means of pollution prevention, control, and
22 treatment that the department finds can achieve a quality of effluent that is comparable
23 to that of one or more vessels employing an advanced wastewater treatment system. If
24 a commercial passenger vessel employs an advanced wastewater treatment system that
25 satisfies the requirements of this subsection, the department shall find the commercial
26 passenger vessel satisfies all state technology-based treatment requirements for
27 authorization of a mixing zone.
28 * Sec. 4. AS 46.03.462 is amended by adding a new subsection to read:
29 (k) The owner or operator of a small commercial passenger vessel may submit
30 a plan for alternative terms and conditions of vessel discharges. The alternative terms
31 and conditions may include alternatives to the requirements under AS 46.03.465(a) -
01 (d). The department shall approve the plan for a five-year period if the department
02 finds that the alternative terms and conditions in the plan incorporate the best
03 management practices for protecting the environment to the maximum extent feasible.
04 The department shall adopt regulations to implement this subsection but may not
05 require an owner or operator to retrofit a vessel solely for the purpose of waste
06 treatment if the retrofitting requires additional stability testing or relicensing by the
07 United States Coast Guard. In this subsection, "best management practices" means
08 schedules of activities, prohibitions of practices, maintenance procedures, and other
09 management practices to prevent or reduce the pollution of the marine waters of the
11 * Sec. 5. AS 46.03.463(b) is amended to read:
12 (b) Except as provided in (h) of this section or under a plan for a small
13 commercial passenger vessel approved under AS 46.03.462(k), a person may not
14 discharge sewage from a commercial passenger vessel into the marine waters of the
15 state that has suspended solids greater than 150 milligrams per liter or a fecal coliform
16 count greater than 200 colonies per 100 milliliters except that the department may by
17 regulation adopt a protocol for retesting for fecal coliform, if this discharge limit for
18 fecal coliform is exceeded, under which a discharger will be considered to be in
19 compliance with the fecal coliform limit if the geometric mean of fecal coliform count
20 in the samples considered under the protocol does not exceed 200 colonies per 100
22 * Sec. 6. AS 46.03.463(c) is amended to read:
23 (c) Except as provided in (h) of this section or under a plan for a small
24 commercial passenger vessel approved under AS 46.03.462(k), a person may not
25 discharge graywater or other wastewater from a commercial passenger vessel into the
26 marine waters of the state that has suspended solids greater than 150 milligrams per
27 liter or a fecal coliform count greater than 200 colonies per 100 milliliters except that
28 the department may by regulation adopt a protocol for retesting for fecal coliform, if
29 this discharge limit for fecal coliform is exceeded, under which a discharger will be
30 considered to be in compliance with the fecal coliform limit if the geometric mean of
31 fecal coliform count in the samples considered under the protocol does not exceed 200
01 colonies per 100 milliliters.
02 * Sec. 7. AS 46.03.465 is amended by adding a new subsection to read:
03 (i) The department may exempt from the requirements of (a) - (d) of this
04 section the owner or operator of a small commercial passenger vessel who has a plan
05 for alternative terms and conditions of vessel discharges approved under
06 AS 46.03.462(k).
07 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to
09 STATE FERRY CONSTRUCTION PROJECTS NOT SUBJECT TO AS 35.27.020.
10 The construction of two new vessels for the Alaska marine highway system under
11 construction on July 1, 2017, in a shipyard in Ketchikan and scheduled for delivery in 2018, is
12 exempt from AS 35.27.020.
13 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to
15 MOTOR VESSEL TUSTUMENA REPLACEMENT NOT SUBJECT TO
16 AS 35.27.020. The construction of a replacement vessel for the Motor Vessel Tustumena for
17 the Alaska marine highway system is exempt from AS 35.27.020.
18 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to
20 RETROACTIVITY. Section 8 of this Act is retroactive to September 1, 2014.
21 * Sec. 11. This Act takes effect immediately under AS 01.10.070(c).