Current through February 27, 2024
(a) An owner or
operator of a small commercial passenger vessel who intends to operate under a
plan for alternative terms and conditions under
AS
46.03.462(k) must operate in
accordance with a best management practices plan approved by the department
under this section. If an owner or operator of a small commercial passenger
vessel operating under alternative terms and conditions under
AS
46.03.462(k) fails to
operate in accordance with an approved best management practices plan, the
vessel discharges must meet the standard terms and conditions in
AS
46.03.462(b) and (e) and
46.03.463(b)and(c).
(b) On or before March 1 of each calendar
year, except in a calendar year in which an approved best management practices
plan is effective, an owner or operator of a small commercial passenger vessel
who intends to operate under a plan for alternative terms and conditions under
AS
46.03.462(k) shall submit an
application on a form provided by the department. The application must include
(1) the vessel name;
(2) the name, telephone number, facsimile
number, mailing address, and electronic mail address of the person responsible
for implementation of the plan;
(3)
a certification that for physical or economic reasons the vessel is unable to
practicably comply with the standard terms and conditions in
AS
46.03.462(b) and (e) and
46.03.463(b)
and (c) , and additional supportive documentation that may include a
(A) letter signed by a naval architect,
registered engineer, or classification society stating that new or modified
waste treatment systems that would produce sewage, graywater, or other
wastewater that complies with the standard terms and conditions in
AS
46.03.462(b) and (e) and
46.03.463(b)
and (c) cannot be installed without requiring
additional stability testing or relicensing by the United States Coast Guard;
or
(B) statement from the owner or
operator that provides
(i) the estimated
costs of installing new or modified waste treatment systems on the vessel that
would produce sewage, graywater, or other wastewater that complies with the
standard terms and conditions in
AS
46.03.462(b) and (e) and
46.03.463(b)
and (c);
(ii) the reasons why the
costs are not practicable; and
(iii) supporting information from vendors;
and
(4) a
best management practices plan that meets the requirements in (c) of this
section.
(c) A best
management practices plan must include
(1) the
average number of gallons of sewage, graywater, and other wastewater that will
be discharged by the vessel expressed as an eight-hour average volume and a
daily total volume for each day of the vessel's usual scheduled voyage in the
marine waters of the state, including volumes discharged while in
port;
(2) for a vessel that has
operated in the marine waters of the state within the two years immediately
preceding the date of submission of the plan, a description of the quality of
the sewage, graywater, and other wastewater discharged by the vessel summarized
from analytical testing data from samples taken
(A) for fecal coliform bacteria, total
suspended solids, pH, biochemical oxygen demand, and residual
chlorine;
(B) within the previous
two years; and
(C) while the vessel
operated in the marine waters of the state;
(3) for a vessel that has not operated in the
marine waters of the state within the two years immediately preceding the date
of submission of the plan, analytical testing data from samples
(A) for fecal coliform bacteria, total
suspended solids, pH, biochemical oxygen demand, and residual
chlorine;
(B) taken and analyzed in
accordance with a quality assurance project plan established under
18 AAC 69.025(a);
and
(C) that are most likely to be
representative of the discharges of sewage, graywater, and other wastewater
from that vessel;
(4)
for a vessel that will not discharge sewage, graywater, or other wastewater
while the vessel is traveling at a speed of less than six knots or is located
less than one nautical mile from the nearest shore, a statement by the owner or
operator that the vessel will not discharge sewage, graywater, or other
wastewater while the vessel is traveling at a speed of less than six knots or
is located less than one nautical mile from the nearest shore;
(5) for a vessel that will discharge sewage,
graywater, or other wastewater while the vessel is traveling at a speed of less
than six knots or is located less than one nautical mile from the nearest
shore, operating practices that
(A) preclude
the discharge of sewage, graywater, or other wastewater
(i) within 100 meters horizontally of mean
lower low water tidal datum of the tidally affected portion of waters
identified under
5
AAC 95.011 as important for the spawning, rearing, or
migration of anadromous fish;
(ii)
from March 1 through June 15 of each calendar year, within waters that are of a
depth of 20 meters vertically of mean lower low water tidal datum, and that are
identified in the department's set of maps entitled, Herring Spawning
Areas in Alaska, dated November 2005 and adopted by reference;
and
(iii) within areas designated
under AS 16.20 as refuges, sanctuaries, and critical habitat areas under AS
16.20; and
(B) protect
the environment to the maximum extent feasible by
(i) reducing the amount of sewage, graywater,
or other wastewater discharges identified in (1) of this subsection to the
maximum extent practicable;
(ii)
improving the quality of the sewage, graywater, or other wastewater discharged
by reducing the fecal coliform bacteria and residual chlorine included under
(2) or (3) of this subsection to the maximum extent practicable;
(ii) minimizing the risk to human health
caused by exposure to the vessel's sewage, graywater, or other wastewater
discharges; or
(iv) dispersing
sewage, graywater, and other wastewater discharged into the marine waters of
the state to the maximum extent practicable;
(6) a description of the crew or passenger
training programs, vessel scheduling, or other means that will be used to
implement the best management practices described in (4) or (5) of this
subsection; and
(7) a description
of the record keeping documents, including logbooks, that will be used to
demonstrate compliance with the best management practices described in (4) or
(5) of this subsection.
(d) The department will approve or disapprove
a plan for alternative terms and conditions under
AS
46.03.462(k) not later than
30 days after receipt of an application submitted under (b) of this
section.
(e) The department will
approve a plan for alternative terms and conditions under
AS
46.03.462(k) that meets the
requirements of
AS
46.03.462(k) and (b) of this
section for a period of five years after the approval date, unless the plan is
modified or terminated under (f) of this section.
(f) The department will
(1) approve the transfer of an approved plan
for alternative terms and conditions under
AS
46.03.462(k) to a new owner
or operator of the vessel covered by that plan if the succeeding owner or
operator certifies in writing to the department that the succeeding owner or
operator assumes responsibility for compliance with the plan;
(2) approve a modification to an approved
plan for alternative terms and conditions under
AS
46.03.462(k) not later than
30 days after receipt of an application that the department determines meets
the requirements of
AS
46.03.462(k) and (b) of this
section; or
(3) terminate an
approved plan for alternative terms and conditions under
AS
46.03.462(k)
(A) immediately, if the owner or operator
requests that the plan be terminated; or
(B) after the department provides written
notice to the owner or operator, 30 days before the date of termination, if the
department finds that
(i) the owner or
operator failed to operate according to an approved plan; or
(ii) changes in the factual basis underlying
the application submitted under (b) of this section have occurred, including a
significant change in the operating area or the sewage, graywater, or other
wastewater discharge quantity or quality such that the plan fails to protect
the environment to the maximum extent feasible.
(g) An owner or operator may not
implement a modification to a plan for alternative terms and conditions under
AS
46.03.462(k) until the
department approves the modification and the owner or operator is notified of
that approval in writing by the department.
(h) A best management practices plan that is
modified retains its original expiration date, unless the owner or operator
requests that the department review and approve the modification as a new
application under (b) of this section.
(i) An owner or operator must
(1) maintain a copy of the approved plan on
board the vessel for which the plan was approved;
(2) maintain for 12 months the record keeping
documents described in the approved plan on board the vessel for which the plan
was approved;
(3) provide the
department access, upon request, to record keeping documents required in the
approved plan; and
(4) submit
copies of the record keeping documents required in the approved plan within 21
days after receipt of a written or electronic request from the
department.
Information regarding catalogued waters that are important
for the spawning, rearing, or migration of anadromous fish is available from
the Department of Fish and Game's Catalog of Waters Important for the Spawning,
Rearing or Migration of Anadromous Fishes, adopted by reference by the
Department of Fish and Game in
5
AAC 95.011, and is also located on the Department of
Fish and Game's Internet website at
http://www.adfg.alaska.gov/sf/SARR/AWC.
The Department of Environmental Conservation's set of maps entitled Herring
Spawning Areas in Alaska, adopted by reference in 18 AAC 69.046(c) (5)(A)(ii),
is available at the department's offices in Juneau and Anchorage, and is also
located on the Department of Environmental Conservation's Internet website at
http://dec.alaska.gov/water/cruise-ships.
As of Register 186 (July 2008), and acting under
AS
44.62.125(b)(6), the
regulations attorney made a technical change to 18 AAC 69.046(c) (5)(A)(i) and
the editor's note to reflect Executive Order 114 (2008). Executive Order 114
transferred functions related to protection of fish habitat in rivers, lakes,
and streams from the Department of Natural Resources to the Department of Fish
and Game.
Authority:AS
46.03.460
AS
46.03.462
AS
46.03.465
