Section 46.03.463. Prohibited discharges; limitations on discharges.

   (a) Except as provided in (h) of this section, a person may not discharge untreated sewage from a commercial passenger vessel into the marine waters of the state.
   (b) Except as provided in (h) of this section, a person may not discharge sewage from a commercial passenger vessel into the marine waters of the state that has suspended solids greater than 150 milligrams per liter or a fecal coliform count greater than 200 colonies per 100 milliliters except that the department may by regulation adopt a protocol for retesting for fecal coliform, if this discharge limit for fecal coliform is exceeded, under which a discharger will be considered to be in compliance with the fecal coliform limit if the geometric mean of fecal coliform count in the samples considered under the protocol does not exceed 200 colonies per 100 milliliters.
   (c) Except as provided in (h) of this section, a person may not discharge graywater or other wastewater from a commercial passenger vessel into the marine waters of the state that has suspended solids greater than 150 milligrams per liter or a fecal coliform count greater than 200 colonies per 100 milliliters except that the department may by regulation adopt a protocol for retesting for fecal coliform, if this discharge limit for fecal coliform is exceeded, under which a discharger will be considered to be in compliance with the fecal coliform limit if the geometric mean of fecal coliform count in the samples considered under the protocol does not exceed 200 colonies per 100 milliliters.
   (d)  [Repealed, Sec. 5, 2006 Primary Election Ballot Measure No. 2].  
   (e) An owner or operator may not discharge any treated sewage, graywater, or other wastewater from a large commercial passenger vessel into the marine waters of the state unless the owner or operator obtains a permit under AS 46.03.100 and 46.03.462, and provided that the vessel is not in an area where the discharge of treated sewage, graywater, or other wastewaters is otherwise prohibited.
   (f) Except as provided in (h) of this section, a person may not discharge sewage from a small commercial passenger vessel unless the sewage has been processed through a properly operated and properly maintained marine sanitation device.
   (g)  [Repealed, Sec. 5, 2006 Primary Election Ballot Measure No. 2].  
   (h) The provisions of (a) - (f) of this section do not apply to discharges made for the purpose of securing the safety of the commercial passenger vessel or saving life at sea if all reasonable precautions have been taken for the purpose of preventing or minimizing the discharge.

Authorities

46.03.475;46.03.760

Notes

Recent Bills that will modify this

SB 3 SMALL VESSEL WASTEWATER EXEMPTION; 1% ART

Implemented As

18 AAC 69.050
18 AAC 69.060
18 AAC 69.065
18 AAC 69.070
18 AAC 69.080
18 AAC 69.990

References

18 AAC 69.070
18 AAC 69.080
AS 46.03.475 Reporting requirements.
AS 46.03.760 Civil action for pollution; damages.

History

(Sec. 1 ch 1 FSSLA 2001; am Sec. 7, 9, 12 ch 153 SLA 2004; am Sec. 5, 2006 Primary Election Ballot Measure No. 2; am Sec. 4, 6 ch 56 SLA 2007)