An Act To Protect Maine's Coastal Water
Maine Legislature, Session 121, LD 1158
Committee Amendment CA_A-SA_A_S497 (Senate)

SENATE 
AMENDMENT "A" to COMMITTEE 
AMENDMENT 
"A" to S.P. 
378, L.D. 1158, Bill, "An Act To Protect Maine's Coastal Water" 
Amend the amendment in section 2 in that part designated 
"§423-D." in subsection 2 by striking out all of paragraph A. 
Further 
amend 
the 
amendment in 
designated 
"§423-D." 
in 
subsection 
paragraphs to read consecutively. 
Further 
amend the 
amendment in 
designated "§423-D." by striking out 
inserting in its place the following: 
section 
by 
section 
all of 
in that 
relettering 
part 
the 
in that part 
subsection 4 
and 
'4. 
Prohibited 
discharges: 
exemption: 
general 
permit 
reguirement. 
The following provisions govern the discharge of 
graywater and a mixture of graywater and blackwater from large 
commercial passenger vessels. 
A. 
The owner or operator of a large commercial passenger 
vessel may not discharge graywater or a mixture of graywater 
and blackwater to coastal waters. 
B. 
Notwithstanding paragraph At beginning January 1. 2006, 
the owner or operator of a large cOmmercial passenger vessel 
may 
discharge graywater 
or 
a 
mixture 
of graywater 
and 
blackwater to coastal waters if: 
(1) 
The discharge is permitted and meets standards for 
continuous 
discharge 
under 
the 
federal 
Consolidated 
Page l-LR1259(5) 
SENATE AMENDMENT 
SENATE 
AMENDMENT "A" to COMMITTEE AMENDMENT "A" to S.P. 
L.D. 1158 
378, 
Appropriations Act of 2001. Public Law 106-554, Section 
1(a)(4) and Appendix D. Division B, Title XIV. Section 
1404(b) or (c), 114 Stat. 2763. 2763A-316; 
(2) 
While operating in coastal waters. the owner or 
operator 
of 
the 
large 
commercial 
passenger 
vessel 
maintains a discharge record book as required by 33 
Code of Federal Regulations 159.315 (2003); 
( 3) 
The owner or operator of the large commercial 
passenger 
vessel 
meets 
the 
sampling 
and 
reporting 
requirements of 33 Code of Federal Regulations 159.317 
(2003) prior to and while operating in coastal waters. 
except that instead of meeting the reguirements in 33 
Code of Federal Regulations 159.3l7(a)(2) the owner or 
operator 
of 
the 
large 
COmmercial 
passenger 
vessel 
shall. not less than 30 days nor more than 120 days 
prior 
to 
the 
large 
commercial 
passenger 
yessel's 
initial entry 
into 
the 
coastal 
waters 
during 
any 
calendar 
year. 
provide 
a 
certification 
to 
the 
department that the large commercial passenger vessel's 
graywater and mixture of graywater and blackwater meets 
the standards specified in subparagraph (1); and 
(4) 
The department issues the owner or operator of the 
large commercial passenger yessel a general permit to 
discharge graywater 
or 
a 
mixture 
of 
graywater 
and 
blackwater. 
For purposes of this paragraph. the department shall adopt 
rules. which are routine technical rules pursuant to Title 
5, 
chapter 
375, 
subchapter 
2-A, 
to 
implement 
the 
reguirements in the federal Consolidated Appropriations Act 
of 2001, Public Law 106-554. Section 1(a)(4) and Appendix D. 
Division B, Title XIV. Section 1404(b) or (d, 114 Stat. 
2763, 2763A-316 and Code of Federal Regulations 159.315 and 
159.317 
(2003) 
with 
the 
following 
changes: 
"Maine" 
is 
substituted 
for 
"Alaska," 
"Department 
of 
Environmental 
Protection" is substituted for "Captain of the Port" and for 
"Coast Guard," and "graywater or a mixture of graYWater and 
blackwater" 
is 
substituted 
for 
"treated 
sewage 
andlor 
graywater. " 
The department shall enter into a memorandum of agreement 
with 
the 
United 
States 
Coast 
Guard 
to 
consolidate 
information reguirements of the department and the United 
States Coast Guard to the extent acceptable to the United 
States Coast Guard.' 
SENATE AMENDMENT 
SENATE 
AMENDMENT "A" to COMMITTEE 
AMENDMENT 
"A" to S.P. 378, 
L.D. 1158 
Further amend the amendment by inserting after section 6 the 
following: 
'Sec. 7. Discharge prior to January 1, 2006. 
Notwithstanding the 
Maine Revised Statutes, Title 38, section 423-0, subsection 4, 
paragraph A, 
beginning on the effective date of this Act and 
ending 
January 1, 
2006, 
the 
owner 
or operator of 
a 
large 
commercial passenger vessel may discharge graywater or a mixture 
of graywater and blackwater to coastal waters if the vessel is 
authorized to discharge graywater or a mixture of graywater and 
blackwater 
in 
Alaska 
pursuant 
to 
the 
federal 
Consolidated 
Appropriations Act of 2001, Public Law 106-554, Section l(a) (4) 
and Appendix 0, Division B, Title XIV, Section 1404(b) or (c), 
Stat. 2763, 2763A-316. 
Sec. 8. General permit; legislative intent. 
It is the intent of 
the Legislature that the regulation of graywater and graywater 
and blackwater mixture discharges from large commercial passenger 
vessels that are equipped with wastewater treatment systems that 
require continuous discharge be consistent with the regulation of 
similar vessels in Alaska. 
A general permit issued under the 
Maine Revised Statutes, Title 38, section 423-0, subsection 4, 
paragraph B, subparagraph (4) must be consistent with: 
1. 
The requirements in Title 38, section 423-0, subsection 
4, paragraph B; and 
2. 
The requirements in rules adopted by the Department of 
Environmental Protection regarding general permits for certain 
wastewater 
discharges, 
except 
that 
the 
rule 
prov~s~on that 
authorizes the Department of Environmental Protection to require 
a person otherwise authorized under a general permit to apply for 
an individual permit does not apply.' 
SUMMARY 
This 
amendment 
amends 
Committee 
Amendment 
"A." 
The 
amendment prohibits the discharge of graywater or a mixture of 
graywater and blackwater to coastal waters by owners or operators 
of large commercial passenger vessels. 
Under 
the amendment, 
beginning January 1, 2006, 
a vessel that is equipped with an 
advanced wastewater treatment system may discharge graywater or a 
mixture of graywater and blackwater if the discharge complies 
with federal effluent standards and the owner or operator of the 
vessel complies with record-keeping and sampling and reporting 
requirements of federal law and is issued a general permit from 
the Department of Environmental Protection. 
The amendment also 
allows a large commercial passenger vessel that is equipped with 
SENATE AMENDMENT 
SENATE 
AMENDMENT "A" to COMMITTEE 
AMENDMENT 
"A" to S.P. 378, 
L.D. 1158 
a 
discharge 
system 
that 
requires 
continuous 
discharge 
to 
discharge graywater or 
a 
mixture of graywater and blackwater 
prior to January 1, 2006 if the vessel is authorized to discharge 
in Alaskan waters. 
SPONSORED BY: 
(Senator 
COUNTY: 
Aroostook 
SENATE AMENDMENT