[§342D-111]  Alternative terms andconditions of vessel discharges.  (a)  The department may establishalternative terms and conditions of vessel discharges applicable to an owner oroperator of a vessel who cannot practicably comply with the standard terms andconditions of vessel discharges under sections 342D-102, 342D-103, 342D-104,and 342D-106 or who wishes to use or test alternative environmental protectionequipment or procedures.  Except as specified in alternative terms andconditions set by the department under this subsection, the alternative termsand conditions of vessel discharges must require compliance with the standardterms and conditions of vessel discharges under sections 342D-102, 342D-103,342D-104, and 342D-106.  The department, on a case-by-case basis, may setalternative terms and conditions of vessel discharges if:

(1)  The vessel owner or operator demonstrates to thedepartment's reasonable satisfaction that equivalent environmental protectioncan be attained through other terms or conditions appropriate for the specificconfiguration or operation of the vessel;

(2)  The vessel owner or operator agrees to makenecessary changes to the vessel to allow it to comply with the standard termsand conditions of vessel discharges under sections 342D-102, 342D-103,342D-104, and 342D-106 but demonstrates to the department's reasonablesatisfaction that additional time is needed to make the necessary changes; or

(3)  An experimental technology or method forpollution control of a discharge is being used or is proposed as one of thealternative terms and conditions of vessel discharges, and the departmentdetermines that the experimental technology or method has a reasonablelikelihood of success in providing increased protection for the environment.

(b)  Alternative terms and conditions of vesseldischarges approved by the department under subsection (a), if determinedappropriate by the department, may include a waiver by the department ofportions of the requirements of sections 342D-102, 342D-103, and 342D-104 forthe time period that the department determines to be appropriate. [L 2005, c217, pt of §1]