[§342D-104]  Information-gathering
requirements.  (a)  Except as provided under section 342D-111, the owner or
operator of a commercial passenger vessel shall maintain records and, upon
request of the department, provide to the department a report, with copies of
the records related to the period of operation in the marine waters of the
State, detailing the dates, times, and locations, and the volumes or flow-rates
of any discharge of sewage or other wastewater into the marine waters of the
State, 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 the
State, the owner or operator of the vessel shall collect routine samples of the
vessel's treated sewage and other wastewater that are being discharged into the
marine waters of the State with a sampling technique approved by the department
before the sample is collected.  The number of routine samples for each vessel
to be collected under this subsection shall be the greater of two per calendar
year or the number of samples required to be collected under federal laws and
regulations 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 the
State, the department through an independent contractor may collect additional
samples of the vessel's treated sewage that are being discharged into the
marine 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.  Tests
required may include tests for fecal coliform, ammonia, residual chlorine, pH
(degree of acidity or alkalinity), chemical oxygen demand, biochemical oxygen
demand, total suspended solids, and any other parameters as required by the
department.  An analytical testing method approved by the department before the
testing is conducted shall be used.  A laboratory used for testing under this
subsection shall agree not to disclose the testing results to any person other
than to the department, the United States Coast Guard, or the owner or operator
of the vessel.



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



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