Enrolled HB 80: Relating to the regulation of wastewater discharge from commercial passenger vessels in state waters; and providing for an effective date.
00Enrolled HB 80 01 Relating to the regulation of wastewater discharge from commercial passenger vessels in state 02 waters; and providing for an effective date. 03 _______________ 04 * Section 1. AS 46.03.462(b) is amended to read: 05 (b) The minimum standard terms and conditions for all discharge permits 06 authorized under this section require that the owner or operator 07 (1) may not discharge untreated sewage, treated sewage, graywater, or 08 other wastewaters in a manner that violates any applicable state or federal law 09 governing the disposal or discharge of solid or liquid waste material [EFFLUENT 10 LIMITS OR STANDARDS UNDER STATE OR FEDERAL LAW, INCLUDING 11 ALASKA WATER QUALITY STANDARDS GOVERNING POLLUTION AT THE 12 POINT OF DISCHARGE, EXCEPT AS PROVIDED IN (e) OF THIS SECTION]; 13 (2) shall maintain records and provide the reports required under 14 AS 46.03.465(a);
01 (3) shall collect and test samples as required under AS 46.03.465(b) 02 and (d) and provide the reports with respect to those samples required by 03 AS 46.03.475(c); 04 (4) shall report discharges in accordance with AS 46.03.475(a); 05 (5) shall allow the department access to the vessel at the time samples 06 are taken under AS 46.03.465 for purposes of taking the samples or for purposes of 07 verifying the integrity of the sampling process; and 08 (6) shall submit records, notices, and reports to the department in 09 accordance with AS 46.03.475(b), (d), and (e). 10 * Sec. 2. AS 46.03.462(c) is amended to read: 11 (c) The owner or operator of a small commercial passenger vessel may submit 12 a plan for alternative terms and conditions of vessel discharges [IF THE KEEL OF 13 THE VESSEL WAS LAID BEFORE JANUARY 1, 2004]. The alternative terms and 14 conditions may include alternatives to the requirements under AS 46.03.465(a) - (d). 15 The [EXCEPT AS PROVIDED IN (d) OF THIS SECTION, THE] department shall 16 approve the plan for a five-year [THREE -YEAR] period if the department finds that 17 the alternative terms and conditions in the plan incorporate the best management 18 practices for protecting the environment to the maximum extent feasible. The 19 department shall adopt regulations to implement this subsection but may not require 20 an owner or operator to retrofit a vessel solely for the purpose of waste treatment if the 21 retrofitting requires additional stability testing or relicensing by the United States 22 Coast Guard. In this subsection, "best management practices" means schedules of 23 activities, prohibitions of practices, maintenance procedures, and other management 24 practices to prevent or reduce the pollution of the marine waters of the state. 25 * Sec. 3. AS 46.03.462(e) is repealed and reenacted to read: 26 (e) When issuing, reissuing, renewing, or modifying a permit required under 27 (a)(1) of this section, the department may only include the authorization of a mixing 28 zone for a commercial passenger vessel that employs an advanced wastewater 29 treatment system that falls within the class of systems identified by the department 30 under (j) of this section or employs other means of pollution prevention, control, and 31 treatment that the department finds can achieve a quality of effluent that is comparable
01 to that of one or more vessels employing an advanced wastewater treatment system. If 02 a commercial passenger vessel employs an advanced wastewater treatment system that 03 satisfies the requirements of this subsection, the department shall find the commercial 04 passenger vessel satisfies all state technology-based treatment requirements for 05 authorization of a mixing zone. 06 * Sec. 4. AS 46.03.462 is amended by adding new subsections to read: 07 (i) Notwithstanding any contrary provision of law, the department may 08 administratively extend until December 15, 2015, the duration of the general permit 09 that was issued in 2010 under AS 46.03.100 to regulate wastewater discharges from 10 commercial passenger vessels. The department may modify the terms of the 11 administratively extended general permit following the process provided for by law 12 for modifying other permits issued by the department under AS 46.03.100. 13 (j) In this section, the department shall determine the systems that constitute 14 the class of advanced wastewater treatment systems that may be approved by permit 15 under (e) of this section considering factors deemed appropriate by the department. At 16 a minimum, the department's determination must find 17 (1) that the system provides treatment of sewage and graywater on 18 board commercial passenger vessels that achieves levels of biological treatment, solids 19 removal, and disinfection higher than that achieved by traditional marine sanitation 20 devices required by 33 C.F.R. 159; and 21 (2) that effluent discharged from that system meets all requirements 22 under P.L. 106-554, 33 U.S.C. 1901 note. 23 * Sec. 5. AS 46.03.462(d), 46.03.462(f), 46.03.462(g), and 46.03.464 are repealed. 24 * Sec. 6. Sections 3 and 7, ch. 53, SLA 2009, are repealed. 25 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).