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



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



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



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



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



(d)  If the owner or operator of a commercial
passenger vessel operating in the marine waters of the State is required by the
laws of the United States to file a report or provide notice of a discharge or
offloading 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 or
notice within twenty-one days after having provided the report or notice to an
agency of the United States.



(e)  If the owner or operator of a commercial
passenger vessel operating in the marine waters of the State is required by the
administrator of the Environmental Protection Agency or the secretary of the
federal department in which the United States Coast Guard is operating to
collect samples and test sewage or opacity of air emissions and keep records of
the sampling and testing, then the owner or operator, within twenty-one days
after the sewage or opacity of air emissions is tested, shall submit to the
department a copy of the records.



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



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



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