An Act To Protect Maine's Coastal Water LR 1259(02)
Maine Legislature, Session 121, LD 1158
Committee Amendment CA_A_S429 (Senate)
Amends: 38 MRSA §423-D, 38 MRSA §464

COMMITTEE AMENDMENT "A' to S. P. 378, L. D. 
1158, Bill, "».n 
Act To Protect Maine's Coastal Water" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 38 MRS A §417, sub-§3, as affected by PL 1989, c. 890, 
Pt. A, §40 and enacted by Pt. B, §34, is amended to read: 
3. 
Refuse. 
Any scrap metal, junk, paper, garbage, 
seF~~e 
~aHk septage, sludge, rubbish, old automobiles or similar refuse .. 
Sec. 2. 38 MRSA §423-D is enacted to read: 
§423-D. 
Grayvater and blackwater discharges from commercial 
passenger vessels 
1. 
Definitions. 
As 
used 
in 
context 
otherwise 
indicates, 
the 
following meanings. 
this 
section, 
unless 
following 
terms 
have 
the 
the 
A. 
"Blackwater" means human bodily wastes and the wastes 
from toilets and other receptacles intended to receive or 
retain human bodily wastes. 
B. 
"Coastal waters" means those portions of the Atlantic 
Ocean within the jurisdiction of the State and all other 
waters of the State subject to the rise and fall of the tide. 
Page l-LR1259(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '~' to S.P. 378, L.D. 1158 
C. 
"Commercial passenger vessel" means 
a 
large or small 
commercial passenger vessel. 
D. 
"Graywater" means galley, dishwasher, bath and laundry 
wastewater. 
"Graywater" does not include other wastes or 
waste streams. 
E. 
"Large commercial passenger vessel" means a commercial 
passenger vessel that provides overnight accommodations for 
or more passengers for hire, determined with reference 
to the number of lower berths. 
F. 
"No-discharge zone" means an area within coastal waters 
that has been designated by the United States Environmental 
Protection Agency pursuant to 33 United States Code, Section 
1322, to be an area in which discharge of blackwater is 
prohibited. 
G. 
"Small commercial passenger vessel" means a commercial 
passenger vessel that provides overnight accommodations for 
fewer' than 
50 
passengers 
for 
hire, 
determined 
with 
reference to the number of lower berths. 
2. 
Licensing 
exemptions. 
A 
license 
is 
not 
required 
pursuant to section 413 prior to the discharge of graywater to 
coastal waters from; 
A. 
A large commercial passenger vessel. 
This paragraph is 
repealed January 1, 2006; 
B. 
A small commercial passenger vessel: 
C. 
A commercial passenger vessel operated by the United 
States or a foreign government: or 
D. 
A commercial passenger vessel if the discharge is made 
for the purpose of securing the vessel or saving life at 
sea, 
and as long as all reasonable precautions have been 
taken to prevent or minimize the discharge. A discharge as 
descr ibed in this paragraph must be reported in accordance 
with subsection 3. 
3. 
Report 
of 
unauthorized 
discharge. 
Discharges 
of 
blackwater or graywater from a large commercial passenger vessel 
to coastal waters must be reported to the department as provided 
in this subsection. 
A. 
The owner or operator of a large commercial passenger 
vessel that discharges blackwater within a nO-discharge zone 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A to S.P. 378, L.D. 1158 
or discharges blackwater in violation of federal law outside 
a nO-discharge zone shall immediately report that discharge 
to the department. 
The owner or operator shall submit 
a 
wr i tten report concerning the discharge to the departmer.,t 
within 30 days of the discharge. 
B. 
Beginning January 1, 2006, the owner or operator of a 
large commercial passenger vessel that discharges graywater 
without a license or in a manner inconsistent with a license 
issued pursuant to section 413 shall immediately report tha.t 
discharge to the department. 
The owner or operator shall 
also submit a written report concerning the discharge to the 
department within 30 days of the discharge. 
4. 
Certification or licensing. 
the owner or operator of 
a 
large 
shall: 
Beginning January 1, 
2006-L 
commercial passenger vessel 
A. 
Annually certify to the department that it does not 
intend to discharge graywater or a mixture of graywater and 
blackwater to coastal waters and will act in accordance with 
an 
'agreement 
entered 
into 
with 
the 
department. 
The 
agreement must address areas 
such as ownership; 
type of 
treatment systems; use and management of systems; types of 
waste 
streams generated; 
timely reporting concerning the 
type, amount and general location of discharges to coastal 
waters; and submission of monitoring data; or 
B. 
Apply for authorization to discharge graywater or 
a 
mixture of graywater and blackwater pursuant to section 413. 
5. 
Agent for service of process. 
The owner or operator of 
a 
commercial 
passenger 
vessel 
shall 
continuously maintain 
a 
designated agent for service of process whenever the commercial 
passenger vessel is in coastal waters. 
The agent must be an 
individual resident of the State, 
a domestic corporation or a 
foreign corporation having a place of business in and authorized 
to do business in the State. 
"Agent for service of process" 
means an agent upon whom process, notice of or demand reguired or 
permitted by law to be served upon the owner or operator may be 
served. 
6. 
Innocent passage. 
This section does 
not apply to 
a 
commercial passenger vessel that operates in the coastal waters 
of the State solely in innocent passage. 
For purposes of this 
paragraph, a commercial passenger vessel is engaged in innocent 
passage 
if its 
operation 
in 
coastal 
waters 
of 
the 
State L 
regardless 
of 
whether 
the 
vessel 
is 
a 
United 
States 
or 
foreign-flag vessel, would constitute innocent passage under the: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~, to S.P. 378, L.D. 1158 
A. 
Convention on the Territorial Sea and the Contiguous 
Zone, April 29, 1958, 15 U.S.T. 1606; or 
B. 
United Nations Convention on the Law of the Sea 1982, 
December 10, 1982, United Nations publication No. E.83.V.5, 
I.L.M. 1261 (1982), were the vessel a foreign-flag vessel. 
Sec. 3. 38 MRSA §464, sub-§4, lIA, as amended by 
246, 
§14 
and 
c. 
318, 
§2, 
is 
further 
amended 
subparagraph (6) to read: 
PL 2003, c. 
by 
amending 
(6) 
New 
discharges 
of 
domestic 
pollutants 
to 
the 
surface waters of the State that are not conveyed and 
treated 
in 
municipal 
or 
quasi-municipal 
sewage 
facilities. 
For 
the purposes of this subparagraph, 
"new discharge" means any overboard discharge that was 
not licensed as of June 1, 1987, except discharges from 
vessels and those discharges that were in continuous 
existence for the 12 months preceding June 1, 1987, as 
demonstrated by the applicant to the department with 
clear 
and 
convincing 
evidence. 
The 
volume 
of 
the 
discharge from an overboard discharge facility that was 
licensed as of June 1, 1987 is determined by the actual 
or estimated volume from the facilities connected to 
the overboard discharge facility during the 12 months 
preceding June 1, 
1987 or the volume allowed by the 
previous license, whichever is less, unless it is found 
by the department that an error was made during prior 
licensing. 
The months during which a 
discharge may 
occur from an overboard discharge facility that was 
licensed as of June 1, 1987 must be determined by the 
actual use of the facility at the time of the most 
recent license application prior to June 1, 1987 or the 
actual use of the facility during the 12 months prior 
to 
June 
1, 
1987, 
whichever 
is 
greater. 
If 
the 
overboard discharge facility was the primary residence 
of an owner at the time of the most recent license 
application prior to June 1, 
1987 or during the 
months prior to June 1, 
1987, 
then the facility is 
considered 
a 
year-round 
residence. 
"Year-round 
residence" means a facility that is continuously used 
for more than 8 months of the year. 
For purposes of 
licensing, the department shall treat an increase in 
the 
licensed 
volume 
or 
quantity 
of 
an 
existing 
discharge or an expansion in the months during which 
the 
discharge 
takes 
place 
as 
a 
new 
discharge 
of 
domestic pollutants; 
Sec. 4. PL 1999, c. 655, Pt. A, §1, sub-§6 is amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to S.P. 378, L.D. 1158 
6. 
No later than January 15, 
2005, 
apply to the United 
States Environmental Protection Agency for designation of up to 
significant harbors or bays in the territorial waters of the 
State, 
as 
identified 
by 
the 
Commissioner 
of 
Environmental 
Protection, as "no-discharge zones" pursuant to 33 United States 
Code, Section 1322. 
In identifying significant harbors and bays, 
the 
commissioner 
shall 
give 
priority 
to 
areas 
that 
are 
potentially 
commercially 
significant 
shellfish 
harvesting 
resources 
and areas that have significant boat traffic. 
The 
deEartment may also recommend to the joint standing committee of 
the 
Legislature 
having 
jurisdiction 
over 
natural 
resources 
matters 
that 
aEElication 
be 
made 
by 
the 
Department 
of 
Environmental 
Protection 
for 
additional 
no-discharge 
zones L 
including all or part of the coast, as aEpropriate at future 
~; 
and 
Sec. 5. 
Report concerning graywater discharges from small 
commercial passenger vessels. 
The 
Department 
of 
Environmental 
Protection shall submit a report to the joint standing committee 
of the Legislature having jurisdiction over natural resources 
matters by January 1, 
2006 concerning whether small commercial 
passenger vessels, 
or 
a 
subset of small 
commercial passenger 
vessels, should be required to seek authorization to discharge 
graywater. 
The 
department 
may 
include 
any 
recommended 
legislation concerning vessel 
discharges. 
The 
committee 
may 
report out legislation during the Second Regular Session of the 
l22nd 
Legislature 
concerning graywater 
discharges 
from 
small 
commercial passenger vessels. 
Sec. 6. Report concerning air emissions. 
The 
Department 
of 
Environmental 
Protection shall 
submit 
a 
report to 
the 
joint 
standing committee of the Legislature having jurisdiction over 
natural resources matters by January 15, 2005 concerning issues 
related to air emissions from vessels. 
The report must include 
draft 
legislation necessary 
to 
implement 
any 
proposal. 
The 
commi ttee may report out legislation during the First Regular 
Session of the l22nd Legislature relating to air emissions from 
vessels. ' 
SUMMARY 
This amendment is the majority report. 
the following. 
The amendment does 
1. 
It 
clarifies 
an 
existing 
statutory 
standard 
that 
discharging sludge is not allowed. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .~ to S.P. 378, L.D. 1158 
2. 
It 
definitions 
vessel." 
proposes 
a 
of 
"graywater" 
number 
and 
of 
definitions, 
"large 
commercial 
including 
passenger 
3. 
It provides an exemption for large and small commercial 
passenger vessels for the discharge of graywater. 
The exemption 
for large commercial passenger vessels sunsets January 1, 2006, 
when they would either be required to certify that they will not 
discharge within state waters or obtain a waste discharge license 
from the State. 
4. 
It exempts 
from regulation graywater discharges 
from 
small 
commercial 
passenger 
vessels. 
The 
Department 
of 
Environmental Protection is directed to report back to the joint 
standing committee of the Legislature having jurisdiction over 
natural resources matters by January 1, 2006 concerning further 
regulation of graywater discharges from small commercial vessels. 
5. 
It requires 
report discharges 
of 
outside nO-discharge 
nO-discharge zone. 
that large 
blackwater 
zones or any 
commercial 
passenger vessels 
in violation of federal 
law 
blackwater discharges within a 
6. 
It requires the reporting of unauthorized discharges of 
graywater 
from 
large 
commercial 
passenger 
vessels 
to 
the 
Department of Environmental Protection beginning in 2006. 
7. 
It 
requires 
large 
commercial 
passenger 
vessels 
to 
annually certify, beginning in 2006, that they will not discharge 
graywater or a mixture of graywater and blackwater to the coastal 
waters and will act according to an agreement with the State. 
The agreement requires the submission of operational information 
and monitoring data. 
If the owner of the vessel does not want to 
enter into an agreement with the State, 
the owner 
would be 
required 
to 
seek 
authorization 
and 
a 
license 
to 
discharge 
graywater or a mixture of graywater and blackwater. 
8. 
It makes 
a 
change specifically to exclude discharges 
from vessels from the prohibited class of "new discharges of 
domestic pollutants" untreated by a municipal facility. 
9. 
It allows the Department of Environmental Protection to 
request authorization from the joint standing committee of the 
Legislature having jurisdiction over natural resources matters to 
apply 
to 
the 
federal 
Environmental 
Protection 
Agency 
for 
additional "no-discharge zone" designations in the future. 
10. 
It requires the Department of Environmental Protection 
to report back to the joint standing committee of the Legislature 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,~, to S.P. 378, L.D. 1158 
having jurisdiction over natural resources matters by January 15, 
2005 concerning air emissions from vessels. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/03/04 .;:bJ?ac:... 
Office of Fiscal and Program Review 
LD 1158 
An Act To Protect Maine's Coastal Water 
LR 1259(02) 
Fiscal Note for Bill as Amended by Committee Amendment 'A 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
LR1259(2) - Fiscal Note - Page 1 of 1