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



(1)  The vessel owner or operator demonstrates to the
department's reasonable satisfaction that equivalent environmental protection
can be attained through other terms or conditions appropriate for the specific
configuration or operation of the vessel;



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



(3)  An experimental technology or method for
pollution control of a discharge is being used or is proposed as one of the
alternative terms and conditions of vessel discharges, and the department
determines that the experimental technology or method has a reasonable
likelihood of success in providing increased protection for the environment.



(b)  Alternative terms and conditions of vessel
discharges approved by the department under subsection (a), if determined
appropriate by the department, may include a waiver by the department of
portions of the requirements of sections 342D-102, 342D-103, and 342D-104 for
the time period that the department determines to be appropriate. [L 2005, c
217, pt of §1]