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SB 3: "An Act relating to the regulation of wastewater discharge from small commercial passenger vessels in state waters; relating to art requirements for certain public facilities; and providing for an effective date."

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                                     
10       state.                                                                                                            
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                                       
21       milliliters.                                                                                                      
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                          
08 read:                                                                                                                   
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                          
14 read:                                                                                                                   
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                         
19 read:                                                                                                                   
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).