SSHB 22: "An Act relating to certain passenger vessels operating in the marine waters of the state; and providing for an effective date."
00 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 22 01 "An Act relating to certain passenger vessels operating in the marine waters of the state; 02 and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 46.03 is amended by adding new sections to read: 05 Article 6A. Large Passenger Vessels. 06 Sec. 46.03.460. Registration requirements. (a) Except as provided in 07 AS 46.03.484, each calendar year in which the owner or operator of a large passenger 08 vessel intends to operate, or cause or allow to be operated, the vessel in the marine 09 waters of the state, the owner or operator of the vessel shall register with the 10 department. The registration shall be completed no later than 72 hours after any large 11 passenger vessel of the owner or operator calls upon a port in the state. The 12 registration must include the following information: 13 (1) the vessel owner's business name and, if different, the vessel 14 operator's business name for each large passenger vessel of the owner that is
01 scheduled to be in the marine waters of the state during the calendar year; 02 (2) the postal address, electronic mail address, telephone number, and 03 facsimile number for the principal place of each business identified under (1) of this 04 subsection; 05 (3) the name and address of an agent for service of process for each 06 business identified under (1) of this subsection; the owner and operator shall 07 continuously maintain a designated agent for service of process whenever a large 08 passenger vessel of the owner or operator is in the marine waters of the state, and the 09 agent must be an individual resident of this state, a domestic corporation, or a foreign 10 corporation having a place of business in and authorized to do business in this state; 11 and 12 (4) the name or call sign of and Port of Registry for each of the owner's 13 or operator's vessels that is scheduled either to call upon a port in this state or 14 otherwise to be in the marine waters of the state during the calendar year occurring 15 after the date of registration. 16 (b) Registration under (a) of this section shall be signed under oath by the 17 owner or operator. 18 (c) Upon request of the department, the registrant shall submit registration 19 information required under this section electronically. 20 Sec. 46.03.465. Information-gathering requirements. (a) Owners and 21 operators of large passenger vessels shall, for the time during any calendar month in 22 which they operate, or cause or allow to be operated, a large passenger vessel in the 23 marine waters of the state, record or cause to be recorded all information necessary to 24 completely report as required by AS 46.03.475. 25 (b) At least once during each calendar month in which a large passenger 26 vessel is present in the marine waters of the state, the owner and operator of the vessel 27 shall measure visible emissions, excluding condensed water vapor, of the vessel while 28 the vessel is at berth or at anchor in a port of this state. Except as provided in (e) of 29 this section, the measuring technique and the duration of the measurement used to 30 satisfy the requirement of this subsection must have been approved by the department 31 before the measurement was taken.
01 (c) While a large passenger vessel is present in the marine waters of the state, 02 the owner or operator of the vessel shall collect samples of the vessel's graywater 03 (1) with a sampling technique approved by the department before the 04 sample is collected; 05 (2) at least twice during the time period consisting of May, June, July, 06 August, and September each year; if the vessel is in the marine waters of the state 07 during more than one of the months specified in this paragraph, the samples required 08 by this subsection shall be collected in two different months; the samples shall be 09 collected at least 15 days apart unless the vessel is in the marine waters of the state for 10 less than 15 days during the time period described in this paragraph, in which case the 11 samples shall be collected on the first and last day that the vessel is in the marine 12 waters of the state during that time period; and 13 (3) no less frequently than samples are required to be collected under 14 federal laws and regulations for treated sewage discharges. 15 (d) The owner or operator of a vessel required to collect graywater samples 16 under (c) of this section shall have the samples tested 17 (1) with an analytical testing method that was approved by the 18 department before the testing is conducted; 19 (2) to measure fecal coliform, ammonia, residual chlorine, pH, total 20 suspended solids, and biochemical oxygen demand (BOD) in the sample. 21 (e) If the owner or operator of a large passenger vessel has, when complying 22 with another state or federal law that requires substantially equivalent information 23 gathering, gathered the type of information required under this section, the owner or 24 operator shall be considered to be in compliance with this section. 25 Sec. 46.03.470. Record keeping requirements. An owner or operator 26 subject to AS 46.03.465 shall record the information required to be gathered under that 27 section and shall maintain the records for three years after the date the information 28 was gathered. 29 Sec. 46.03.475. Monthly reporting requirements. (a) An owner or operator 30 of a large passenger vessel shall, within 21 days after the end of a calendar month in 31 which the owner or operator has operated, or caused or allowed to be operated, a large
01 passenger vessel in the marine waters of the state, submit to the department a report 02 concerning the offloading or release of pollutants from that vessel that occurred during 03 the previous calendar month. The report must 04 (1) include the information required for releases by (c) and (d) of this 05 section; 06 (2) include the information required for offloading by (e) - (g) of this 07 section; and 08 (3) be limited to releases and offloading that occurred while the vessel 09 was in the marine waters of the state. 10 (b) The information in the report required under this section may be provided 11 by referring to, and including copies of, other reports concerning pollutants that are 12 required by substantially equivalent state or federal reporting requirements. 13 (c) For each release of a pollutant, except for a release by an emission to 14 ambient air from a stack, the report required under this section must describe the 15 (1) location of the release, including latitude and longitude; 16 (2) date and time of the release; 17 (3) volume, flow rate, or weight, and the type and source of the 18 pollutant released; 19 (4) processing or treatment used on the pollutant before the release; 20 (5) circumstances surrounding and cause of the release, including a 21 statement as to whether the release was intentional or accidental; 22 (6) environmental damage caused by the release, to the extent the 23 damage can be reasonably identified; and 24 (7) remedial efforts taken to prevent accidental recurrence of the 25 release. 26 (d) For emissions to ambient air from a stack, the report required under this 27 section must include the measurements of visible emissions collected under 28 AS 46.03.465(b) and, if a stack on the vessel is equipped with continuous emission 29 monitors, the recordings printed by the monitors for the time during that month that 30 the vessel was in the marine waters of the state. 31 (e) For pollutants that were offloaded, the report required under this section
01 must describe the 02 (1) location of offloading; 03 (2) date of offloading; 04 (3) volume, flow rate, or weight, and the type and source of the 05 offloaded material; 06 (4) ultimate destination of the offloaded material; and 07 (5) processing or treatment received by the offloaded material before 08 or during the offloading. 09 (f) If hazardous waste was offloaded from the vessel and the hazardous waste 10 was manifested in accordance with 42 U.S.C. 6921 - 6939a (Subtitle C of the Solid 11 Waste Disposal Act), the report required under this section may, instead of the 12 information described in (e) of this section, include a copy of the manifest. If 13 hazardous waste was offloaded from the vessel without a manifest, the report required 14 under this section must, in addition to the information described in (e) of this section, 15 describe the reasons why the waste was offloaded without a manifest. 16 (g) For graywater, treated sewage, and other wastewater, the report required 17 under this section must state whether the graywater, treated sewage, and other 18 wastewater were mixed with one another or with other pollutants before or during 19 release or offloading. If mixing of pollutants occurred before or during offloading, the 20 report must identify the specific pollutants involved in the mixing, if feasible. If 21 identification of the specific pollutants is not feasible, the report must identify the 22 waste streams in the mixture. 23 (h) A record or report submitted under this section shall be signed under 24 penalty of unsworn falsification by the owner, operator, or a responsible official of the 25 reporting vessel and must include the following statement: "Based on information and 26 belief formed after reasonable inquiry, I certify that the statements and information in 27 and attached to this document are true, accurate, and complete and that the offloading, 28 releases, treatment, and processing described in this document were in compliance 29 with applicable laws and regulations." 30 (i) Upon request of the department, the report required under this section shall 31 be submitted electronically.
01 (j) This section does not relieve the owner or operator of a large passenger 02 vessel from other applicable reporting requirements of state or federal law. 03 Sec. 46.03.477. Other reporting requirements (a) If the owner or operator 04 of a large passenger vessel operating in the marine waters of the state is required by 05 the administrator of the Environmental Protection Agency or the secretary of the 06 federal department in which the United States Coast Guard is operating to collect 07 samples and test sewage or graywater and keep records of the sampling and testing, 08 the owner or operator shall, within 21 days after the sewage or graywater is tested, 09 submit to the department a copy of the records. 10 (b) Within 21 days after the testing required under AS 46.03.465(d), the owner 11 or operator shall submit a written report to the department that contains the 12 measurements required under AS 46.03.465(d)(2) and describes the sampling 13 technique and analytical testing methods used. 14 Sec. 46.03.480. Penalties. (a) An owner or operator who fails to comply with 15 AS 46.03.460 may not bring a claim or counterclaim in a court of this state for a cause 16 of action that arose during the time that the owner or operator was out of compliance 17 with AS 46.03.460. 18 (b) An owner or operator who fails to comply with AS 46.03.460 or a 19 reporting requirement of AS 46.03.475, 46.03.477, or 46.03.485 is subject to an 20 administrative penalty of not more than $50 a day for each day of noncompliance with 21 each requirement as determined by the commissioner subject to right of appeal to the 22 superior court. 23 Sec. 46.03.484. Exemption for vessels in innocent passage. AS 46.03.460 - 24 46.03.490 do not apply to a large passenger vessel that operates in the marine waters 25 of the state solely in innocent passage. For the purpose of this section, a vessel is 26 engaged in innocent passage if its operation in state waters would constitute innocent 27 passage under the 28 (1) Convention on the Territorial Sea and the Contiguous Zone, 29 April 29, 1958, 15 U.S.T. 1606; or 30 (2) United Nations Convention on the Law of the Sea 1982, 31 December 10, 1982, United Nations Publication No. E.83.V.5., 21 I.L.M. 1261
01 (1982). 02 Sec. 46.03.485. Regulations. (a) The department may adopt regulations that 03 are necessary for the implementation of AS 46.03.460 - 46.03.490. 04 (b) To the extent allowed under federal law, the department may, by 05 regulation, require an owner or operator of a large passenger vessel to submit 06 supplemental or additional information concerning releases or offloading of pollutants 07 that occurred while the vessel was in the marine waters of the state. 08 Sec. 46.03.490. Definitions. In AS 46.03.460 - 46.03.490, 09 (1) "agent for service of process" means an agent upon whom process, 10 notice, or demand required or permitted by law to be served upon the owner or 11 operator may be served; 12 (2) "air contaminant" means a substance within the meaning given to 13 "air contaminant" in either AS 46.03.900 or AS 46.14.990; 14 (3) "ambient air" has the meaning given in AS 46.14.990; 15 (4) "ballast water" means water and suspended matter taken on board a 16 vessel to control or maintain trim, draught, stability, or stresses of the vessel, 17 regardless of how the water and suspended matter are carried; 18 (5) "emission" means a release of one or more pollutants into the 19 atmosphere; 20 (6) "graywater" means galley, dishwasher, bath, and laundry 21 wastewater; 22 (7) "hazardous substance" has the meaning given in AS 46.03.826; 23 (8) "hazardous waste" has the meaning given in AS 46.03.900 and 24 includes wastes that meet that definition and have been collected from staterooms, 25 crew quarters, and other passenger or crew accommodations; 26 (9) "large passenger vessel" means a vessel that is authorized to carry 27 500 or more passengers for hire, excluding noncommercial vessels, warships, and 28 vessels operated by the state, the United States, or a foreign government; 29 (10) "marine waters of the state" has the meaning given to "waters" in 30 AS 46.03.900 except that it includes only marine waters; 31 (11) "medical waste" includes each of the types of solid waste listed in
01 42 U.S.C. 6992a (Demonstration Medical Waste Tracking Program, sec. 11002 of the 02 Solid Waste Disposal Act); 03 (12) "offloading" means the removal of pollutants from a large 04 passenger vessel onto or into a controlled storage, processing, or disposal facility or 05 treatment works; 06 (13) "oil" has the meaning given in AS 46.04.900; 07 (14) "pollutant" means air contaminant, biological materials, chemical 08 wastes, graywater, hazardous substances, hazardous waste, industrial waste, 09 incinerator residue, medical waste, munitions, oil, radioactive materials, treated or 10 untreated sewage, sewage sludge, solid waste, toxic waste, and wrecked or discarded 11 equipment, except that "pollutant" does not include ballast water, a consumer product 12 in consumer use, or, with respect to offloading, a product that remains capable of 13 being put to the beneficial use for which the product was intended; 14 (15) "release" means spilling, leaking, pumping, pouring, emitting, 15 emptying, discharging, injecting, escaping, leaching, dumping, placing, or disposing 16 of pollutants into the environment, including the abandonment or discarding of bags, 17 containers, and other receptacles containing a pollutant, and without regard to whether 18 the pollutants left the vessel through a discrete conveyance or a nonpoint source; 19 (16) "responsible official" means 20 (A) for a corporation, a president, secretary, treasurer, or vice- 21 president of the corporation in charge of a principal business function, or any 22 other person who performs similar policy or decision-making functions for the 23 corporation, or a duly authorized representative of that person if the delegation 24 of authority to the representative is approved in advance by the department; 25 (B) for a partnership, sole proprietorship, or limited liability 26 company, a general partner, the proprietor, or the manager or managing 27 member, respectively; 28 (17) "sewage" means human body wastes and the wastes from toilets 29 and other receptacles intended to receive or retain human body waste; 30 (18) "stack" means a chimney or conduit through which air or air 31 contaminants are emitted into the atmosphere;
01 (19) "treated sewage" means sewage that meets all applicable effluent 02 limitation standards and processing requirements of 33 U. S. C. 1251 - 1376 (Federal 03 Water Pollution Control Act), as amended, secs. 1401 - 1414 of H.R. 5666, as 04 incorporated by reference into P.L. 106 - 554, and regulations adopted under 33 U. S. 05 C. 1251 - 1376 or under secs. 1401 - 1414 of H.R. 5666, as incorporated by reference 06 into P.L. 106 - 554; 07 (20) "untreated sewage" means sewage that is not treated sewage; 08 (21) "vessel" means any form or manner of watercraft, other than a 09 seaplane on the water, whether or not capable of self-propulsion. 10 * Sec. 2. AS 46.03.760(e) is amended to read: 11 (e) A person who falsifies a registration or report required under 12 AS 46.03.460, 46.03.475, 46.03.477, or 46.03.485 or who violates or causes or 13 permits to be violated a provision of AS 46.03.250 - 46.03.314, 46.03.460 - 46.03.490, 14 AS 46.14, or a regulation, a lawful order of the department, or a permit, approval, or 15 acceptance, or term or condition of a permit, approval, or acceptance issued under 16 AS 46.03.250 - 46.03.314, 46.03.460 - 46.03.490, or AS 46.14 is liable, in a civil 17 action, to the state for a sum to be assessed by the court of not less than $500 nor more 18 than $100,000 for the initial violation, nor more than $10,000 for each day after that 19 on which the violation continues, and that shall reflect, when applicable, 20 (1) reasonable compensation in the nature of liquidated damages for 21 any adverse environmental effects caused by the violation, that shall be determined by 22 the court according to the toxicity, degradability and dispersal characteristics of the 23 substance discharged, the sensitivity of the receiving environment, and the degree to 24 which the discharge degrades existing environmental quality; for a violation relating to 25 AS 46.14, the court, in making its determination under this paragraph, shall also 26 consider the degree to which the discharge causes harm to persons or property; this 27 paragraph may not be construed to limit the right of parties other than the state to 28 recover for personal injuries or damage to their property; 29 (2) reasonable costs incurred by the state in detection, investigation, 30 and attempted correction of the violation; 31 (3) the economic savings realized by the person in not complying with
01 the requirement for which a violation is charged; and 02 (4) the need for an enhanced civil penalty to deter future 03 noncompliance. 04 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 APPLICABILITY OF REPORTING REQUIREMENTS. (a) Notwithstanding 07 AS 46.03.460(a), enacted by sec. 1 of this Act, the first registration required under 08 AS 46.03.460(a) for the owner or operator of a large passenger vessel that is in the marine 09 waters of the state on June 1, 2001, is 11:59 p.m., Alaska Daylight Time, on June 3, 2001, 10 regardless of whether the vessel has called upon or will call upon a port in the state on or after 11 June 1, 2001. 12 (b) The information-gathering and record keeping requirements of AS 46.03.465 and 13 46.03.470, enacted by sec. 1 of this Act, apply on and after June 1, 2001. The first report that 14 is due under AS 46.03.475, enacted by sec. 1 of this Act, is due July 21, 2001. 15 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 ASSESSMENT REPORT. (a) By January 15, 2004, the Department of 18 Environmental Conservation shall submit to the governor a report that assesses the 19 information received by the department under AS 46.03.475 - 46.03.485 for the cruise ship 20 seasons of 2001, 2002, and 2003 and information received by the department for the cruise 21 ship season of 2000. The report must include 22 (1) a characterization, to the extent possible, of the risks to the marine and 23 human environments posed by releases and offloadings from large passenger vessels; 24 (2) evaluation of the pollution control and abatement technologies on the 25 vessels; and 26 (3) recommendations for future action by the state in relation to the matters 27 discussed in the report. 28 (b) While producing the assessment required under this section, the department shall 29 consult appropriate federal agencies, owners and operators of passenger vessels, and other 30 interested parties. 31 (c) The department shall notify the legislature when the report required under this
01 section has been submitted to the governor. 02 (d) In this section, "department" means the Department of Environmental 03 Conservation. 04 * Sec. 5. This Act takes effect June 1, 2001.