00 SENATE CS FOR CS FOR HOUSE BILL NO. 134(FIN) 01 "An Act relating to the terms and conditions of commercial passenger vessel permits for 02 the discharge of graywater, treated sewage, and other wastewater; establishing a science 03 advisory panel on wastewater treatment and effluent quality in the Department of 04 Environmental Conservation; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 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 will serve for up to a 08 six-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) cruise ship industry; 13 (3) 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).