An Act To Protect Maine's Coastal Water
Maine Legislature, Session 121, LD 1158
Committee: Natural Resources
Sponsors: BRENNAN, BROMLEY, DAGGETT, HALL, STRIMLING, TREAT, COWGER, DUDLEY

Legislative Document 
No.US8 
S.P.378 
In Senate, March 4, 2003 
An Act To Protect Maine's Coastal Water 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator BRENNAN of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: BROMLEY of Cumberland, President DAGGETT of Kennebec, 
HALL of Lincoln, STRIMLING of Cumberland, TREAT of Kennebec, Representatives: 
COWGER of Hallowell, DUDLEY of Portland, McKEE of Wayne. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA c. 1, sub-c. 9 is enacted to read: 
SUBCHAPTER 9 
CC»IMERCIAL PASSENGER VESSEL ENVIRCBMEN".lAL CC»WLIABCE 
§33l. 
Commercial passenger vessel environmental compliance 
This 
chapter 
establishes 
environmental 
standards 
for 
commercial passenger vessels to provide for: 
1. 
Terms 
and conditions. 
The 
terms 
and conditions 
of 
vessel discharges: 
2. 
Verification. 
Independent verification of environmental 
compliance: and 
3. 
Monitoring and supervision. 
Allowing the department to 
monitor 
and 
supervise 
discharges 
from 
commercial 
passenger 
vessels through a registration system. 
§332. 
Definitions 
As 
used in this subchapter, 
unless the context otherwise 
indicates, the following terms have the following meanings. 
1. 
Agent for service of process. 
"Agent for service of 
process" 
means 
an agent upon 
whom 
process, 
notice or 
demand 
required or permitted by law to be served upon the owner or 
operator may be served. 
2. 
Coastal waters of the State. 
"Coastal waters of the 
State" means coastal waters as defined in Title 12, section 6001. 
3. 
Conmercial 
passenger 
vessel. 
"Commercial 
passenger 
vessel" means a vessel that carries passengers for hire except 
that "commercial passenger vessel" does not include a vessel that: 
A. 
Is authorized to carry fewer than 50 passengers: 
B. 
Does not provide overnight accommodations for at least 
passengers for hire, determined with reference to the 
number of lower berths: or 
C. 
Is operated by the United States or a foreign government. 
Page l-LRI259(1) 
.... 
-
, 
4. 
Discharge. 
"Discharge" 
means 
any 
release, 
however 
caused, 
from 
a 
commercial passenger vessel, 
and includes any 
escape, 
disposaL 
spilling, 
leaking, 
pumping, 
emitting 
or 
emptying. 
5. 
Federal cruise ship regulations. 
"Federal cruise ship 
regulations" means 
3 
Code of Federal Regulations, 
Part 159, 
Subpart E. 
6. 
Fund. 
"Fund" 
means 
the 
Commercial 
Passenger Vessel 
Environmental Compliance Fund established under section 339-A. 
7. 
Gray 
water. 
"Gray 
water" 
means 
wastewater 
from 
a 
galley, dishwasher, bath or laundry. 
8. 
Large commercial passenger vessel. 
"Large commercial 
passenger 
vessel" 
means 
a 
commercial 
passenger 
vessel 
that 
provides overnight accommodations for 250 or more passengers for 
hire, determined with reference to the number of lower berths. 
9. 
Off loading. 
"Off-loading" 
means 
the 
removal 
of 
a 
hazardous substance, hazardous waste or nonhazardous solid waste 
from 
a 
commercial passenger vessel onto or into a controlled 
storage, processing or disposal facility or treatment works. 
10. 
Other wastewater. 
"Other wastewater" means gray water 
or sewage that is stored in or transferred to a ballast tank or 
other holding area on the vessel that may not be customarily used 
for storing gray water or sewage. 
11. 
Passengers 
for 
hire. 
"Passengers 
for 
hire" 
means 
vessel passengers for 
whom 
consideration is contributed as 
a 
condition 
of 
carriage 
on 
the 
vessel, 
whether 
directly 
or 
indirectly flowing to the owner, charterer, operator, agent or 
any other person having an interest in the vessel. 
12. 
Sewage. 
"Sewage" 
means 
human 
body wastes 
and 
the 
wastes from toilets and other receptacles intended to receive or 
retain human body wastes. 
13. 
Small conunercial passenger vessel. 
"Small commercial 
passenger 
vessel" 
means 
a 
commercial 
passenger 
vessel 
that 
provides overnight accommodations for 249 or fewer passengers for 
hire, determined with reference to the number of lower berths. 
I4. 
Treated sewage. 
"Treated sewage" means 
sewage that 
meets all applicable effluent limitation standards and processing 
requirements of the federal Water Pollution Control Act of 1982, 
United 
States 
Code, 
Sections 
1251 
to 
1376, 
as 
amended, 
regulations adopted under 33 United States Code, Sections 1251 to 
1376 or under the federal cruise ship regulations. 
15. 
Untreated sewage. 
"Untreated sewage" means sewage that 
is not treated sewage. 
16. 
Vessel. 
"Vessel" 
means 
any 
form 
or 
manner 
of 
watercraft, other than a seaplane on the water, whether or not 
capable of self-propulsion. 
17. Voyage. 
"Voyage" means a vessel trip to or from one or 
more 
ports of call in the State with the majority of 
the 
passengers for hire completing the entire vessel trip. 
A vessel 
trip involving stops at more than one port of call is considered 
a single voyage so long as the majority of passengers for hire 
complete the entire trip. 
§333. 
Registration requirements 
1. 
Registration. 
Except as provided in section 339-C, each 
calendar year in which the owner or operator of a 
commercial 
passenger vessel intends to operate, or causes or allows to be 
operated, the vessel in the coastal waters of the State, the 
owner 
or 
operator 
of 
the 
vessel 
shall 
register 
with 
the 
department. The registration must be completed before the time 
any commercial passenger vessel of the owner or operator enters 
the coastal waters of the State in that calendar year. 
The 
registration must include the following information: 
A. 
The vessel owner's business name and, if different, the 
vessel 
operator's 
business 
name 
for 
each 
commercial 
passenger vessel of the owner or operator that is scheduled 
to be in the coastal waters of the State during the calendar 
year; 
B. 
The postal address, electronic mail address, telephone 
number and facsimile number for the principal place of each 
business identified under paragraph A; 
c. 
The name and address of an agent for service of process 
for each business identified undel' paragraph A. 
The owner 
and operator shall continuously maintain a designated agent 
for 
service 
of 
process 
whenever 
a 
commercial 
passenger 
vessel of the owner or operator is in the coastal waters of 
the State, and the agent must be an individual resident of 
this State, a domestic corporation or a foreign corporation 
having a place of business in and authorized to do business 
in this State; 
-
D. 
The name or call sign of and port of registry for each 
of 
the 
owner's 
or operator's vessels that is 
scheduled 
either to call upon a port in this State or otherwise to be 
in the coastal waters of the State during the calendar year 
and after the date of registration; and 
E. 
An agreement to comply with the terms and conditions of 
vessel discharges specified under section 334. 
2. 
Under oath. 
Registration under subsection 1 must be 
executed under oath by the owner or operator. 
3. 
Electronic submittal. 
Upon reguest of the department. 
the registrant shall 
submit registration information reguired 
under this section electronically. 
§334. 
Terms and conditions of discharges 
1. 
Requirement to comply with conditions. 
An 
owner or 
operator reguired to register under section 333 shall comply with 
ei ther the standard terms and conditions of vessel discharges 
specified in subsection 2 or the alternative terms and conditions 
of vessel discharges specified in subsection 3. 
2. 
Standard terms and conditions. 
The standard terms and 
conditions of vessel discharges are that the owner or operator: 
A. 
May not discharge untreated sewage, 
treated sewage, 
gray water or other wastewater in a manner that violates 
section 335; 
B. 
Shall maintain records and provide the reports reguired 
under section 336, subsection 1; 
C. 
Shall collect and test samples as reguired under section 
336, 
subsections 
and 
and 
provide 
the 
reports with 
respect to those samples reguired by section 338, subsection 
l.L 
D. 
Shall report discharges in accordance with section 338, 
subsection 1; 
E. 
Shall allow the department access to the vessel at the 
time samples are taken under section 336 for purposes of 
taking 
the 
samples 
or 
for 
purposes 
of 
verifying 
the 
integrity of the sampling process; and 
F. 
Shall 
submit 
records, 
notices 
and 
reports 
to 
the 
department in accordance with section 338, subsections 2, 4 
3. 
Alternative terms and conditions. 
The department may 
establish alternative terms and conditions of vessel discharges 
applicable to an owner or operator of 
a 
vessel 
who 
can not 
practicably comply with the standard terms 
and conditions of 
vessel discharges under subsection 2, or who wishes to use or 
test 
alternative 
environmental 
protection 
equipment 
or 
procedures. 
Except 
as 
specified 
in 
al ternati ve 
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 
subsection 
2. 
The 
department, 
on 
a 
case-by-case basis, may set alternative terms and conditions of 
vessel discharges if: 
A. 
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; 
B. 
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 
subsection 1 but demonstrates to the department's reasonable 
satisfaction that additional time is needed to make 
the 
necessary changes; or 
C. 
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. 
4. 
Waiver. 
Alternative 
terms 
aw:l 
conditions 
of vessel 
discharges approved by the department under subsection 3 may, if 
determined appropriate by the department, include a waiver by the 
department of portions of the requirements of sections 335 and 
336, for the time period that the department determines to be 
appropriate. 
§335. 
Prohibited discharges; limitations on discharges 
1. 
Untreated sewage. 
Except as provided in subsection 8, a 
person 
may 
not discharge untreated 
sewage 
from 
a 
commercial 
passenger vessel into the coastal waters of the State. 
2. 
Suspended solids; fecal coliform. 
Except as provided in 
subsection 8 or under section 334, subsections 3 and 4, a person 
-
• 
may not discharge sewage from a commercial passenger vessel into 
the coastal 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 rule adopt a protocol for retesting for fecal coliform, if 
this discharge limit for fecal coliform is exceeded, under which 
a discharging vessel 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. Upon submission by the 
owner or operator of a small commercial passenger vessel of a 
plan for interim protective measures, the department shall extend 
the time for compliance of that vessel with this subsection. 
3. 
Gray water. 
Except as provided in subsection 8 or under 
section 334, subsections 3 and 4, a person may not discharge gray 
water or other wastewater from a commercial passenger vessel into 
the coastal 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 rule adopt a protocol for retesting for fecal coliform, if 
this discharge limit for fecal coliform is exceeded, under which 
a discharging vessel 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. Upon submission by the 
owner or operator of a large commercial passenger vessel of a 
plan for interim protective measures, the department shall extend 
the time for compliance of that vessel with this subsection for a 
period of time that ends not later than January L 
2005. Upon 
submission 
by 
the 
owner 
or 
operator 
of 
a 
small 
commercial 
passenger vessel of a plan for interim protective measures, the 
department shall extend the time for compliance of that vessel 
with this subsection. 
4. 
Standards for other parameters. 
The department may by 
rule establish numeric or narrative standards other than those 
provided under subsections 2 and 3 for treated sewage, gray water 
and 
other 
wastewater 
discharged 
from 
commercial 
passenger 
vessels. 
In 
developing 
rules 
under 
this 
subsection, 
the 
department 
shall 
consider 
the 
best 
available 
scientific 
information 
on 
the 
environmental 
effects 
of 
the 
regulated 
discharges, the materials and substances handled on the vessels, 
vessel movement effects and the availability of new technologies 
for wastewater. 
S. 
Large commercial passenger vessels. 
Except as provided 
in subsections 7 and 8 or under section 334, subsections 3 and 4, 
a person may not discharge any treated sewage, gray water or 
other wastewater from a large commercial passenger vessel into 
the coastal waters of the State unless: 
A. 
The vessel is underway and proceeding at a speed of not 
less than 6 knots; 
B. 
The vessel is at least one nautical mile 
from 
the 
nearest shore, except in areas that are within one nautical 
mile and are designated by the department for discharge 
release; 
C. 
The 
discharge 
complies 
with 
all 
applicable 
vessel 
effluent standards established under the federal cruise ship 
regulations 
and 
any other applicable 
law; 
the 
standards 
under 
the 
federal 
cruise 
ship 
regulations 
and 
other 
applicable law may be adopted by rule by the department; and 
D. 
The vessel is not in an area where the discharge of 
treated sewage, gray water or other wastewater is prohibited. 
6. 
Exception 
to 
discharge 
limitations. 
Under 
certain 
circumstances, 
the 
department 
may 
adopt 
rules 
allowing 
the 
discharge of treated sewage or gray water, otherwise prohibited 
under subsection 5, paragraphs A and B. 
A. 
The department may adopt rules allowing the discharge Of 
treated sewage or gray water, 
otherwise prohibited under 
subsection 5, paragraphs A and B, where the discharge meets 
effluent 
standards 
determined 
by 
the 
department 
as 
appropriate for discharges into the coastal environment. 
In 
adopting the rules, the department shall take into account 
the 
best 
available 
scientific 
information 
on 
the 
environmental 
effects 
of 
the 
regulated discharges. 
The 
effluent discharge 
standards 
adopted 
under 
this 
section 
must, at a minimum, 
be consistent with all relevant state 
water guality standards. 
B. 
Until such time as the department adopts rules under 
paragraph A, treated sewage and gray water may be discharged 
from vessels subject to this subchapter in circumstances 
otherwise prohibited under subsection 5, paragraphs A and B, 
as long as: 
(1) 
The 
discharge 
satisfies 
the 
minimum 
level 
of 
effluent 
guality 
specified 
in 
Code 
of 
Federal 
Regulations Section 133.102; 
(2) 
The 
geometric 
mean 
of 
the 
samples 
from 
the 
discharge during any 30-day period does not exceed 20 
fecal coliform per 100 milliliters and not more than 10 
II 
~ of the samples 
exceed 40 
fecal 
coliform per 
millili ters; 
(3) 
Concentrations of total residual chlorine do not 
exceed 10 milligrams per liter; and 
(4) 
Prior to any such discharge occurring, the owner 
or 
operator 
of 
a 
commercial 
passenger 
vessel 
can 
demonstrate test results from at least 5 samples taken 
from the vessel representative of the effluent to be 
discharged, 
on different days over 
a 
30-day period, 
conducted in accordance with the guidelines promulgated 
in 
Code 
of Federal Regulations 
Part 136, 
which 
confirm 
that 
the 
water 
quality 
of 
the 
effluents 
proposed 
for 
discharge 
is 
in 
compliance 
with 
subparagraphs (1), (2) and (3). 
The owner or operator 
of 
a 
commercial 
passenger 
vessel 
shall 
demonstrate 
continued 
compliance 
with 
this 
paragraph 
through 
periodic sampling. 
The records of such sampling and 
test results must be made available for inspection by 
the department. 
7. 
Sewage discharge from small vessels. 
Except as provided 
in subsection 8, 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. 
~. 
Safety purpose. 
The provisions of SUbsections 1 to 7 do 
not 
appi~ 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. 
§336. 
Information-gathering requirements 
1. 
Dates; times; locations; volumes or flow rates. 
Except 
as provided under section 334, subsections 3 and 4, the owner or 
operator of a commercial passenger vessel shall maintain records 
and, upon request of the department, provide to the department a 
report, with copies of the records related to the period of 
operation in the coastal waters of the State, detailing the 
dates, times and locations and the volumes or flow-rates of any 
discharge of sewage, gray water or other wastewater into the 
coastal waters of the State. 
2. 
Routine samples. 
Except as provided under section 334, 
subsections 
and 4, 
while 
a 
commercial passenger vessel is 
present in the coastal waters of the State, the owner or operator 
of the vessel shall collect routine samples of the vessel's 
treated sewage, gray water and other wastewater being discharged 
into. the coastal waters of the State with a sampling technigue 
approved by the department before the sample is collected. The 
number of routine samples for each vessel to be collected under 
this subsection must be the greater of 2 per calendar year or the 
number of samples reguired to be collected under federal law and 
regulations for sewage, gray water or other wastewater discharges. 
3. 
Additional samples. 
Except as provided under section 
334, subsections 3 and 4, while a commercial passenger vessel is 
present in the coastal waters of the State, the department or an 
independent contractor retained by the department may collect 
additional samples of the vessel's treated sewage, gray water and 
other wastewater being discharged into the coastal waters of the 
State. 
4. 
Sample testing. 
Except as provided under section 334, 
subsections 3 and 4, the o~ner or operator of a vessel reguired 
to collect samples under subsection 2 shall have the samples 
tested to measure fecal coliform, 
ammonia, 
residual chlorine, 
degree 
of 
acidity 
or 
alkalinity, 
chemical 
oxygen 
demand, 
biochemical 
oxygen 
demand, 
total 
suspended 
solids 
and 
other 
factors as reguired by the department in the samples with an 
analytical testing method that was 
approved by the department 
before the testing is conducted. A laboratory used for testing 
under this subsection may not disclose the testing results to any 
person other than to the department, 
the United States Coast 
Guard or the owner or operator of the vessel. 
5. 
Payment 
for 
sampling. 
The 
owner 
or 
operator 
of 
a 
commercial passenger vessel shall pay for all routine sampling 
under 
subsection 
and 
the testing of 
routine 
samples. 
The 
department shall pay for all additional sampling under subsection 
and the testing of the additional samples. 
6. 
Information-gathering reqy.ired by other laws. 
If the 
owner or operator of 
a 
commercial passenger vessel has, 
when 
complying 
with 
another 
state 
or 
federal 
law 
that 
reguires 
substantially eguivalent information-gathering, gathered the type 
of information reguired under subsection 1, 2 or 4, the owner or 
operator is considered to be in compliance with that subsection 
as long as the information is also provided to the department. 
§331. 
Record-keeping requirements 
An owner or operator subject to section 336 shall record the 
information reguired to be gathered under that section and shall 
maintain the records for 3 years after the date the information 
was gathered. 
§338. 
Reporting requirements 
( 
1. 
Discharge. 
An 
owner 
or 
o~erator of 
a 
commercial 
passenger vessel who becomes aware of a discharge that is in 
violation of section 335 shall immediately report that discharge 
to the department. 
2. 
Records required kY Federal Government. 
If the owner or 
operator 
of 
a 
commercial 
passenger 
vessel 
operating in the 
coastal waters of the State is required by the Administrator of 
the 
United 
States 
Environmental 
Protection 
Agency 
or 
the 
secretary of the federal department in which the United States 
Coast Guard is operating to collect samples and test sewage, gray 
water or other wastewater and keep records of the sampling and 
testing, the owner or operator shall, within 21 days after the 
sewage, gray water or other wastewater is tested, submit to the 
department a copy of the records. 
3. 
Sampling report. 
Within 
days 
after the testing 
required under section 336, subsection 4, the owner or operator 
shall submit a written report to the department that contains the 
measurements 
required 
under 
section 
336, 
subsection 
and 
describes the sampling technique and analytical testing methods 
used. 
The 
information 
in 
the 
report 
required 
under 
this 
subsection may be provided by referring to, and including copies 
of, other reports that are required by substantially equivalent 
state or federal reporting requirements. 
4. 
Hazardous waste discharge. 
If the owner or operator of 
a commercial passenger vessel operating in the coastal waters of 
the State is required by the laws of the United States or by the 
laws of Canada or of a province or territory of Canada to file a 
report or provide notice of a discharge or off-loading of a 
hazardous waste or of a hazardous substance that was generated, 
discharged or off-loaded while the vessel was operating in the 
coastal waters of the State, the owner or operator shall submit 
to the department a copy of the report or notice within 21 days 
after having provided the report or notice to an agency of the 
government of the United States or to an agency of the government 
of Canada or of a ~rovince or territory of Canada. 
5. 
Policy and procedure plan. 
Before the operation of a 
commercial 
~assenger vessel in the coastal waters of the State, 
the 
owner 
or 
operator 
of 
the 
vessel 
shall 
provide 
to 
the 
department 
a 
plan that describes 
the vessel's policies 
and 
procedures for: 
A. 
Off-loading in this State or disposing into the coastal 
waters of the State nonhazardous solid waste other than 
sewage: and 
B. 
Off-loading hazardous waste or 
a 
hazardous substance 
from the vessel while it is operating in the coastal waters 
of the State to the extent that the off-loading is not 
covered by subsection 4. 
• 
Electronic submittal. 
Upon request of the department. 
the information required under this section must be submitted 
electronically. 
7. 
Other reporting requirements. 
This section does not 
relieve the owner or operator of a 
commercial passenger vessel 
from other applicable reporting requirements of state or federal 
law. 
§339. 
Fees 
There is imposed an environmental compliance fee on each 
commercial passenger vessel operating in the coastal waters of 
the State. 
1. 
Separate fee. 
The fee imposed by this section for all 
commercial passenger vessels, other than vessels operated by the 
State, 
is 
a 
separate 
fee 
for 
each 
voyage 
during 
which 
the 
commercial passenger vessel operates in the coastal waters of the 
State. 
Z. 
Fee range. 
The fee imposed by this section is based on 
the overnight accommodation capaci ty of the vessel, determined 
wi th reference to the number of lower berths. 
The fee is for a 
commercial passenger vessel with overnight accommodations: 
A. 
For at least 50 but not more than 99 J?assengers for 
hire, $75; 
B. 
For at least 100 but not more than 249 passengers for 
hire, $175; 
C. 
For at least 250 but not more than 499 passengers for 
hire, $375; 
D. 
For at least 500 but not more than 999 passengers for 
hire, $750; 
E. 
For at least 1, 000 but not more than 1, 499 passengers 
for hire, $1,250; 
F. 
For at least 1, 500 but not more than 1, 999 passengers 
for hire, $1,750; 
G. 
For at least 2,000 but not more than 2,499 passengers 
for hire, $2,250; 
H. 
For at least 2,500 but not more than 2,999 passengers 
for hire, $2,750; 
I. 
For at least 3,000 but not more than 3,499 passengers 
for hire, $3,250; and 
J. 
For 3,500 or more passengers for hire, $3,750. 
3. 
State operated vessel. 
The fee imposed by this section 
for a commercial passenger vessel that is operated by this State 
must be determined by agreement between the commissioner and the 
Commissioner of Transportation. 
4. 
Time and manner of pa;vnent. 
A commercial passenger 
vessel operating in the coastal waters of the State is liable for 
the fee imposed by this section. The fee is due and payable to 
the department in the manner and at the times reguired by the 
department by rule. 
§339-A. 
Commercial Passenger Vessel Environmental Compliance 
Fund 
1. 
Creation. 
The Commercial Passenger Vessel Environmental 
Compliance Fund is created in the General Fund. 
Z. 
Sources of fund. 
The fund consists of the following, 
all of which must be deposited in the fund upon receipt: 
A. 
Money received by the department in payment of fees 
under section 339; 
B. 
Money received under section 339-F as 
a result of a 
violation related to this subchapter; 
C. 
Money appropriated to, the fund by the Legislature; and 
D. 
Earnings on the fund. 
3. 
Appropriations 
from 
fund. 
The 
Legislature 
may 
make 
appropriations from the fund to the department to pay for the 
department's operational costs necessary to prepare reports that 
assess the information received by the department for the years 
2004, 
2005, 
2006 and 2007 and for the department's operational 
costs necessary to carry out activities under this subchapter 
relating to commercial passenger vessels. 
Page l2-LR1259(1) 
.4. 
Une~nded balance. 
The 
unexpended 
and 
unobligated 
balance of an appropriation made from the fund to the department 
for the purposes described in subsection 3 lapses into the fund 
on December 31st following the end of the period for which the 
appropriation was made. 
s. 
No creation of dedicated fund. 
Nothing in this section 
creates a dedicated fund. 
§339-B. 
Recognition 
The 
department 
may 
engage 
in efforts 
to 
encourage 
and 
recognize superior environmental protection efforts made by the 
owners or operators of commercial passenger vessels that exceed 
the reguirements established by law. 
§339-C. 
Exemption for vessels in innocent passage 
This subchapter 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 section, 
a 
vessel is 
engaged in innocent passage if its operation in coastal waters of 
the State, regardless of whether the vessel is a United States or 
foreign-flag vessel, would constitute innocent passage under the: 
1. 
Convention on the Territorial Sea and the Contiguous 
Zone. 
Convention on the Territorial Sea and the Contiguous Zone, 
April 29, 1958, 15 U.S.T. 1606; or 
2. 
United Nations Convention on the Law of the Sea 1982. 
United Nations Convention on the Law of the Sea 1982, December 
10,1982, UNDOC AlConf. 62.122, 21 I.L.M. 1261 (1982), were the 
vessel a foreign-flag vessel. 
§339-D. 
Activities of department 
The 
department 
may 
engage 
in 
the 
following 
activities 
relating to commercial passenger vessels operating in the coastal 
waters of the State: 
1. 
In-water monitoring. 
Direct 
in-water 
monitoring 
of 
discharges or releases of sewage, gray water and other wastewater 
and direct monitoring of the opacity of air emissions from those 
vessels; 
2. 
Environmental 
effects. 
Monitoring 
and 
studying 
of 
direct or indirect environmental effects of those vessels; and 
3. 
Research. 
Researching ways to reduce effects of the 
vessels on coastal waters and other coastal resources. 
§339-£. 
Rules 
The department may adopt rules to carry out the purposes of 
this subchapter. Rules adopted pursuant to this subchapter are 
routine technical rules as defined in Title 5, 
chapter 375, 
subchapter 2-A. 
§339-F. 
Penalty 
A person who violates or causes or permits to be violated a 
provision 
of 
this 
subchapter 
or . a 
rule 
or 
order 
of 
the 
department, 
or 
a 
registration, 
or 
term 
or 
condition 
of 
a 
registration issued under this subchapter is subject to a civil 
penal ty of not less than $500 nor more than $100,000 for the 
initial violation, nor more than $10,000 for each day after that 
on which the violation continues, payable to the State. 
This 
penalty is recoverable in a civil action. 
The penalty must 
reflect, when applicable: 
1. 
Liquidated damages. 
Reasonable 
compensation 
in the 
nature 
of 
liguidated 
damages 
for 
any 
adverse 
environmental 
effects caused by the violation, that must be determined by the 
court according to the toxicity, 
degradability and dispersal 
characteristics of the substance discharged, the sensitivity of 
the receiving environment and the degree to which the discharge 
degrades existing environmental guality. 
For 
a 
violation of 
section 335, the court, in making its determination under this 
subsection, must also consider the volume of the gray water, 
sewage or other wastewater discharged. 
This subsection may not 
be construed to limit the right of parties other than the State 
to recover for personal injuries or damage to their property: 
2. 
Reasonable costs. 
Reasonable costs incurred by the 
State in detection, investigation and attempted correction of the 
violation; 
3. 
Economic savings. 
The economic savings realized by the 
person 
in 
not 
complying 
with 
the 
reguirement 
for 
which 
a 
violation is charged. 
As 
used in this subsection, 
"economic 
savings" means that sum a person would be reguired to expend for 
the planning, acguisition, siting, construction, installation and 
operation of facilities necessary to effect compliance with the 
reguirement violated; and 
4. 
Enhanced penalty. 
The 
need for 
an 
enhanced civil 
penalty to deter future noncompliance. 
SUMMARY 
This 
bill 
establishes 
commercial 
passenger 
vessel 
environmental compliance standards to provide for the terms and 
conditions of vessel discharges and monitoring and supervision of 
discharges 
from 
commercial 
passenger 
vessels 
through 
a 
registration system. 
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