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



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



(c)  The department, by rule, may establish
numeric or narrative standards for other parameters for wastewater discharged
from commercial passenger vessels that are more stringent than the effluent
limitation standards and processing requirements of the Federal Water Pollution
Control Act, as amended, and regulations adopted under the same.  In adopting
rules under this subsection, the department shall consider the best available
scientific information on the environmental effects of the regulated
discharges, the materials and substances handled on the vessels, vessel
movement 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 large
commercial passenger vessel into the marine waters of the State unless:



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



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



(3)  The discharge complies with all applicable vessel
effluent standards established under federal and state law; provided that the
standards established under federal law may be adopted by rule by the
department; and



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



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



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



(g)  Subsections (a) to (e) do not apply to
discharges made for the purpose of securing the safety of the commercial
passenger vessel or saving life at sea if all reasonable precautions have been
taken for the purpose of preventing or minimizing the discharge. [L 2005, c
217, pt of §1]