CSHB 134(RES): "An Act relating to the terms and conditions of commercial passenger vessel permits for the discharge of graywater, treated sewage, and other wastewater; establishing a science advisory panel on wastewater treatment and effluent quality in the Department of Environmental Conservation; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 134(RES) 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 if the Department of 12 Environmental Conservation, in consultation with its science advisory panel on wastewater 13 treatment, determines that compliance with those limits or standards is the most 14 technologically effective and economically feasible.
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 is amended by adding new subsections to read: 20 (e) When issuing, reissuing, renewing, or modifying a permit required under 21 (a)(1) of this section, the department may include effluent limits or standards less 22 stringent than those required under (b)(1) of this section for no more than two years 23 duration if the department finds that a permittee is using methods of pollution 24 prevention, control and treatment found by the department to be the most 25 technologically effective and economically feasible in controlling all wastes and other 26 substances in the discharge but is unable to achieve compliance with Alaska Water 27 Quality Standards at the point of discharge. 28 (f) In developing an effluent limit or standard under (e) of this section, the 29 department shall 30 (1) require use of methods of pollution prevention, control, and 31 treatment found by the department to be the most technologically effective and
01 economically feasible; and 02 (2) apply all other applicable provisions of state law and this section. 03 (g) When reissuing, renewing, or modifying a permit required under this 04 section that was issued after the effective date of this bill section, the department may 05 not include effluent limits or standards less stringent than the comparable effluent 06 limitations in a previous permit issued under this section. 07 (h) Nothing in this section shall be construed to limit the authority of the 08 department to 09 (1) restrict the areas in which discharges permitted under this section 10 may occur; or 11 (2) impose additional terms and conditions on the manner in which 12 discharges permitted under this section may be made in a specific area. 13 * Sec. 4. AS 46.03 is amended by adding a new section to read: 14 Sec. 46.03.464. Advisory panel on wastewater treatment; commissioner's 15 reports to the legislature. (a) A science advisory panel is established in the 16 department. The panel consists of 11 members selected by the commissioner. 17 Members of the panel serve without compensation but are entitled to transportation 18 expenses and per diem as authorized for members of boards and commissions under 19 AS 39.20.180. Each of the individuals the commissioner selects will serve for up to a 20 five-year period and have expertise in the design, operation, or function of wastewater 21 management and treatment systems; among the 11 panel members, the commissioner 22 shall select at least one individual from each of the following groups: 23 (1) coastal community domestic wastewater management; 24 (2) cruise ship industry; 25 (3) commercial fishing industry; and 26 (4) a non-governmental organization with an interest in water quality 27 matters. 28 (b) The panel shall 29 (1) meet at the call of the commissioner and give public notice of 30 meetings of the panel as required under AS 44.62.310 and 44.62.312; 31 (2) hold one or more public conferences or workshops before 2012,
01 with at least one public conference or workshop to be held between January 1, 2012, 02 and January 1, 2014, if the department issues, renews, or modifies a permit required 03 under AS 46.03.462(a)(1) after January 1, 2012; and 04 (3) assist and advise the commissioner in conducting the analyses and 05 preparing the reports required in (c) and (d) of this section. 06 (c) On or before January 1, 2012, the commissioner, in consultation with the 07 panel, shall provide a preliminary report to the legislature that summarizes 08 (1) methods of pollution prevention, control, and treatment in use and 09 the level of effluent quality achieved by commercial passenger vessels; 10 (2) additional methods of pollution prevention, control, and treatment 11 that could be employed to provide the most technologically effective and 12 economically feasible measures to control all wastes and other substances in the 13 discharge; and 14 (3) the environmental benefit and cost of implementing additional 15 methods of pollution prevention, control, and treatment identified in (2) of this 16 subsection. 17 (d) On or before January 1, 2014, the commissioner, in consultation with the 18 panel, shall provide a final report to the legislature that includes the topics identified in 19 (c)(1) - (3) of this section. 20 * Sec. 5. AS 46.03.465 is amended by adding a new subsection to read: 21 (h) On request, the owner or operator of a commercial passenger vessel 22 discharging wastewater under AS 46.03.462(b) shall provide the department with 23 information relating to wastewater treatment, pollution avoidance, and pollution 24 reduction measures used on the vessel, including testing and evaluation procedures 25 and economic and technical feasibility analyses. 26 * Sec. 6. AS 46.03.464 is repealed. 27 * Sec. 7. Section 6 of this Act takes effect June 1, 2014. 28 * Sec. 8. Sections 1 through 5 of this Act take effect immediately under AS 01.10.070(c).