[§342D-102]  Prohibited discharges;limitations on discharges.  (a)  Except as provided in subsection (g), aperson may not discharge untreated sewage from a commercial passenger vesselinto the marine waters of the State.

(b)  Except as provided in subsection (g) orsection 342D‑111, a person shall not discharge wastewater from acommercial passenger vessel into the marine waters of the State that hassuspended solids greater than one hundred milligrams per liter or a fecalcoliform count greater than forty colonies per one hundred milliliters exceptthat the department, by rule, may adopt a protocol for retesting for fecalcoliform, if this discharge limit for fecal coliform is exceeded, under which adischarger will be considered to be in compliance with the fecal coliform limitif the geometric mean of fecal coliform count in the samples considered underthe protocol does not exceed forty colonies per one hundred milliliters.  Uponsubmission by the owner or operator of a large commercial passenger vessel of aplan for interim protective measures, the department shall extend the time forcompliance of that vessel with this subsection for a period of time that endsnot later than December 31, 2006.  Upon submission by the owner or operator ofa small commercial passenger vessel of a plan for interim protective measures,the department shall extend the time for compliance of that vessel with thissubsection.

(c)  The department, by rule, may establishnumeric or narrative standards for other parameters for wastewater dischargedfrom commercial passenger vessels that are more stringent than the effluentlimitation standards and processing requirements of the Federal Water PollutionControl Act, as amended, and regulations adopted under the same.  In adoptingrules under this subsection, the department shall consider the best availablescientific information on the environmental effects of the regulateddischarges, the materials and substances handled on the vessels, vesselmovement effects, and the availability of new technologies for wastewater.

(d)  Except as provided in subsections (f) and(g) or section 342D-111, a person shall not discharge wastewater from a largecommercial passenger vessel into the marine waters of the State unless:

(1)  The vessel is underway and proceeding at a speedof not less than six knots;

(2)  The vessel is at least one nautical mile from thenearest shore, except in areas designated by the department;

(3)  The discharge complies with all applicable vesseleffluent standards established under federal and state law; provided that thestandards established under federal law may be adopted by rule by thedepartment; and

(4)  The vessel is not in an area where the dischargeof wastewater is prohibited.

(e)  Except as provided in subsection (g) orsection 342D‑111, a person may not discharge sewage from a smallcommercial passenger vessel unless the sewage has been processed through aproperly operated and properly maintained marine sanitation device.

(f)  Subsection (d)(1) and (2) do not apply toa discharge permitted under federal law.

(g)  Subsections (a) to (e) do not apply todischarges made for the purpose of securing the safety of the commercialpassenger vessel or saving life at sea if all reasonable precautions have beentaken for the purpose of preventing or minimizing the discharge. [L 2005, c217, pt of §1]