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).