[§342D-104]  Information-gatheringrequirements.  (a)  Except as provided under section 342D-111, the owner oroperator of a commercial passenger vessel shall maintain records and, uponrequest of the department, provide to the department a report, with copies ofthe records related to the period of operation in the marine waters of theState, detailing the dates, times, and locations, and the volumes or flow-ratesof any discharge of sewage or other wastewater into the marine waters of theState, or the opacity of air emissions.

(b)  Except as provided under section 342D-111,while a commercial passenger vessel is present in the marine waters of theState, the owner or operator of the vessel shall collect routine samples of thevessel's treated sewage and other wastewater that are being discharged into themarine waters of the State with a sampling technique approved by the departmentbefore the sample is collected.  The number of routine samples for each vesselto be collected under this subsection shall be the greater of two per calendaryear or the number of samples required to be collected under federal laws andregulations for sewage or other wastewater discharges.

(c)  Except as provided under section 342D-111,while a commercial passenger vessel is present in the marine waters of theState, the department through an independent contractor may collect additionalsamples of the vessel's treated sewage that are being discharged into themarine waters of the State, or monitor the opacity of air emissions.

(d)  Except as provided under section 342D-111,the owner or operator of a vessel required to collect samples under subsection(b) shall, as required by the department, have the samples tested.  Testsrequired may include tests for fecal coliform, ammonia, residual chlorine, pH(degree of acidity or alkalinity), chemical oxygen demand, biochemical oxygendemand, total suspended solids, and any other parameters as required by thedepartment.  An analytical testing method approved by the department before thetesting is conducted shall be used.  A laboratory used for testing under thissubsection shall agree not to disclose the testing results to any person otherthan to the department, the United States Coast Guard, or the owner or operatorof the vessel.

(e)  The owner or operator of a commercialpassenger vessel shall pay for all routine sampling under subsection (b),additional sampling under subsection (c), and for the testing of routinesamples.

(f)  If the owner or operator of a commercialpassenger vessel, when complying with another state or federal law thatrequires substantially equivalent information gathering, has gathered the typeof information required under subsection (a), (b), or (d), the owner oroperator shall be considered to be in compliance with that subsection so longas the information is also provided to the department.  The department shallestablish, by rule, requirements for determining substantially equivalentinformation gathering. [L 2005, c 217, pt of §1]