Section 46.03.462. Terms and conditions of discharge permits.

   (a) An owner or operator may not discharge any treated sewage, graywater, or other wastewater from a commercial passenger vessel into the marine waters of the state unless the owner or operator obtains a permit under AS 46.03.100, which shall comply with the terms and conditions of vessel discharge requirements specified in (b) of this section.
   (b) The minimum standard terms and conditions for all discharge permits authorized under this section require that the owner or operator
        (1) may not discharge untreated sewage, treated sewage, graywater, or other wastewaters in a manner that violates any applicable state or federal law governing the disposal or discharge of solid or liquid waste material;
        (2) shall maintain records and provide the reports required under AS 46.03.465(a);
        (3) shall collect and test samples as required under AS 46.03.465(b) and (d) and provide the reports with respect to those samples required by AS 46.03.475(c);
        (4) shall report discharges in accordance with AS 46.03.475(a);
        (5) shall allow the department access to the vessel at the time samples are taken under AS 46.03.465 for purposes of taking the samples or for purposes of verifying the integrity of the sampling process; and
        (6) shall submit records, notices, and reports to the department in accordance with AS 46.03.475(b), (d), and (e).
   (c)  [Repealed, Sec. 2, 9, and 13, ch. 56, SLA 2007] 
   (d)  [Repealed, Sec. 5 ch 1 SLA 2013]. 
   (e) When issuing, reissuing, renewing, or modifying a permit required under (a) of this section, the department may only include the authorization of a mixing zone for a commercial passenger vessel that employs an advanced wastewater treatment system that falls within the class of systems identified by the department under (j) of this section or employs other means of pollution prevention, control, and treatment that the department finds can achieve a quality of effluent that is comparable to that of one or more vessels employing an advanced wastewater treatment system. If a commercial passenger vessel employs an advanced wastewater treatment system that satisfies the requirements of this subsection, the department shall find the commercial passenger vessel satisfies all state technology-based treatment requirements for authorization of a mixing zone.
   (f)  [Repealed, Sec. 5 ch 1 SLA 2013]. 
   (g)  [Repealed, Sec. 5 ch 1 SLA 2013]. 
   (h) Nothing in this section shall be construed to limit the authority of the department to
        (1) restrict the areas in which discharges permitted under this section may occur; or
        (2) impose additional terms and conditions on the manner in which discharges permitted under this section may be made in a specific area.
   (i) Notwithstanding any contrary provision of law, the department may administratively extend until December 15, 2015, the duration of the general permit that was issued in 2010 under AS 46.03.100 to regulate wastewater discharges from commercial passenger vessels. The department may modify the terms of the administratively extended general permit following the process provided for by law for modifying other permits issued by the department under AS 46.03.100.
   (j) In this section, the department shall determine the systems that constitute the class of advanced wastewater treatment systems that may be approved by permit under (e) of this section considering factors deemed appropriate by the department. At a minimum, the department's determination must find
        (1) that the system provides treatment of sewage and graywater on board commercial passenger vessels that achieves levels of biological treatment, solids removal, and disinfection higher than that achieved by traditional marine sanitation devices required by 33 C.F.R. 159; and
        (2) that effluent discharged from that system meets all requirements under P.L. 106-554, 33 U.S.C. 1901 note.

Authorities

46.03.461;46.03.465

Notes

Recent Bills that will modify this

SB 3 SMALL VESSEL WASTEWATER EXEMPTION; 1% ART

Implemented As

18 AAC 69.018
18 AAC 69.020
18 AAC 69.035
18 AAC 69.040
18 AAC 69.046
18 AAC 69.075
18 AAC 69.085
18 AAC 69.090
18 AAC 69.990

References

18 AAC 69.018
18 AAC 69.046
18 AAC 69.075
18 AAC 69.085
18 AAC 69.945
18 AAC 69.955
AS 46.03.461 Registration requirements.
AS 46.03.465 Information-gathering requirements.

History

(Sec. 1 ch 1 FSSLA 2001; am Sec. 2, 4, 6 ch 153 SLA 2004; am Sec. 4, 2006 Primary Election Ballot Measure No. 2; am Sec. 1, 3 ch 56 SLA 2007; am Sec. 2 - 4 ch 53 SLA 2009; am Sec. 1 - 5 ch 1 SLA 2013; am Sec. 1 - 5 ch 1 SLA 2013)