[PARTVI.]  DISCHARGES FROM COMMERCIAL PASSENGER VESSELS

 

[§342D-101]  Definitions.  As used inthis part:

"Commercial passenger vessel" means avessel that carries passengers for hire.  The term does not include a vessel:

(1)  Authorized to carry fewer than fifty passengers;

(2)  That does not provide overnight accommodationsfor at least fifty passengers for hire, determined with reference to the numberof lower berths and based on an average of two persons per cabin; or

(3)  Operated by the United States or a foreigngovernment.

"Discharge" means any release,however caused, from a commercial passenger vessel, and includes any escape,disposal, spilling, leaking, pumping, emitting, or emptying.

"Hazardous substance" has the samemeaning as defined in section 342D-38.

"Hazardous waste" has the samemeaning as defined in section 342J-2.

"Large commercial passenger vessel"means a commercial passenger vessel that provides overnight accommodations fortwo hundred fifty or more passengers for hire, determined with reference to thenumber of lower berths and based on an average of two persons per cabin.

"Marine waters of the State" meansthose waters between the shoreline of the State and any point three nauticalmiles from the shoreline of the State.

"Offloading" means the removal of ahazardous substance, hazardous waste, or nonhazardous solid waste from acommercial passenger vessel onto or into a controlled storage, processing, ordisposal facility or treatment works.

"Other wastewater" means sewage thatis stored in or transferred to a ballast tank or other holding area on thevessel that may not be customarily used for storing sewage.

"Passengers for hire" means vesselpassengers for whom consideration is contributed as a condition of carriage onthe vessel, whether directly or indirectly flowing to the owner, charterer,operator, agent, or any other person having an interest in the vessel.

"Sewage" means human body wastes andthe wastes from toilets and other receptacles intended to receive or retainhuman body waste.

"Small commercial passenger vessel"means a commercial passenger vessel that provides overnight accommodations fortwo hundred forty-nine or fewer passengers for hire, determined with referenceto the number of lower berths and based on an average of two persons per cabin.

"Treated sewage" means sewage thatmeets all applicable effluent limitation standards and processing requirementsof the Federal Water Pollution Control Act, as amended, and regulations adoptedunder the same.

"Untreated sewage" means sewage thatis not treated sewage.

"Vessel" means any form or manner ofwatercraft, other than a seaplane on the water, whether or not capable ofself-propulsion.

"Voyage" means a vessel trip to orfrom one or more ports of call in the State with the majority of the passengersfor hire completing the entire vessel trip.  A vessel trip involving stops atmore than one port of call is considered a single voyage so long as themajority of passengers for hire complete the entire trip.

"Wastewater" shall have thesame meaning as "other wastewater". [L 2005, c 217, pt of §1]