AK Stat § 46.03.462 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 03. Environmental Conservation|Article 7. Commercial Passenger Vessel Environmental Compliance Program.|Sec. 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 (1) obtains a permit under AS 46.03.100 that complies with the terms and conditions of vessel discharge requirements specified in (b) of this section; or (2) has a plan approved under (k) of this section. (b) The minimum standard terms and conditions for all discharge permits authorized under (a)(1) of 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 (c) [Repealed, §§ 2, 9, and 13, ch. 56, SLA 2007]  (d) [Repealed, § 5 ch 1 SLA 2013.] (e) When issuing, reissuing, renewing, or modifying a permit required under (a)(1) 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, § 5 ch 1 SLA 2013.] (g) [Repealed, § 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. (k) The owner or operator of a small commercial passenger vessel may submit a plan for alternative terms and conditions of vessel discharges. The alternative terms and conditions may include alternatives to the requirements under AS 46.03.465(a) - (d). The department shall approve the plan for a five-year period if the department finds that the alternative terms and conditions in the plan incorporate the best management practices for protecting the environment to the maximum extent feasible. The department shall adopt regulations to implement this subsection but may not require an owner or operator to retrofit a vessel solely for the purpose of waste treatment if the retrofitting requires additional stability testing or relicensing by the United States Coast Guard. In this subsection, “best management practices” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of the marine waters of the state.