[§342D-103]  Prohibited air emissions. (a)  No person shall operate an incinerator of a large commercial passengervessel in any Hawaiian port for the combustion of any waste materials.

(b)  Except as provided under section 342D-106,large commercial passenger vessels shall limit visible emissions, excludingcondensed water vapor, to no more than twenty per cent opacity for periods oftime exceeding six minutes in any sixty-minute period except for the following:

(1)  When the ship is maneuvering to or from the dockor anchor;

(2)  In the event of a navigational or safety concernon the ship; or

(3)  In the event of an equipment failure; providedthat the cruise line shall upon request, provide information to the departmentthat describes the subject equipment, malfunction, corrective actions taken,and the start and end times of the malfunctioning period. [L 2005, c 217, pt of§1]