[§342D-106]  Reporting requirements.  (a) An owner or operator of a commercial passenger vessel who becomes aware of adischarge in violation of section 342D-102 shall immediately report thatdischarge to the department.  The report shall not be deemed to be privilegedinformation.

(b)  Before operating a commercial passengervessel in the marine waters of the State, the owner or operator of the vesselshall provide to the department a plan that describes the vessel's policies andprocedures for:

(1)  Offloading in the State or disposing into themarine waters of the State of nonhazardous solid waste other than sewage; and

(2)  Offloading of hazardous waste or a hazardoussubstance from the vessel while the vessel is operating in the marine waters ofthe State to the extent that the offloading is not covered by subsection (d).

(c)  Within twenty-one days after the testingrequired under section 342D-104(d), the owner or operator of a commercialpassenger vessel shall submit a written report to the department that containsthe measurements required under section 342D-104(d) and describes the samplingtechnique and analytical testing methods used.  The information in the reportrequired under this subsection may be provided by referring to, and including copiesof, other reports that are required by substantially equivalent state orfederal reporting requirements.  The department shall establish, by rule,requirements for determining substantially equivalent information gathering.

(d)  If the owner or operator of a commercialpassenger vessel operating in the marine waters of the State is required by thelaws of the United States to file a report or provide notice of a discharge oroffloading of a hazardous waste or hazardous substance that was generated, discharged,or offloaded while the vessel was operating in the marine waters of the State,the owner or operator shall submit to the department a copy of the report ornotice within twenty-one days after having provided the report or notice to anagency of the United States.

(e)  If the owner or operator of a commercialpassenger vessel operating in the marine waters of the State is required by theadministrator of the Environmental Protection Agency or the secretary of thefederal department in which the United States Coast Guard is operating tocollect samples and test sewage or opacity of air emissions and keep records ofthe sampling and testing, then the owner or operator, within twenty-one daysafter the sewage or opacity of air emissions is tested, shall submit to thedepartment a copy of the records.

(f)  Upon request of the department, theinformation required under this section shall be submitted electronically.

(g)  This section does not relieve the owner oroperator of a commercial passenger vessel from other applicable reportingrequirements of state or federal law.

(h)  The requirements of this section aresubject to alternative terms and conditions established under section 342D‑111.[L 2005, c 217, pt of §1]