Current through 2024-38, September 18, 2024
A.
Sampling.
The owner, operator, master or other person in charge of a large
commercial passenger vessel that discharges graywater or a mixture of graywater
and blackwater in the coastal waters of Maine shall:
(1) Not less than 90 days prior to each
vessel's initial entry into the coastal waters of Maine during any calendar
year, provide to the department certification of participation under a Quality
Assurance/Quality Control Plan (QA/QCP) accepted by the department for sampling
and analysis of graywater or a mixture of graywater and blackwater for the
current operating season;
(2) Not
less than 30 days nor more than 120 days prior to the large commercial
passenger vessel's initial entry into the coastal waters of Maine during any
calendar year, provide a certification to the department that the large
commercial passenger vessel's graywater and mixture of graywater and blackwater
is permitted and meets the standards specified in Section 3.
(3) Within 30 days of each vessel's initial
entry into the coastal waters of Maine during any calendar year, provide to the
department a Vessel Specific Sampling Plan (VSSP) for review and acceptance,
and undergo sampling and testing for conventional pollutants of all treated
graywater or mixture of graywater and blackwater effluents as directed by the
department;
(4) While operating in
the coastal waters of Maine be subject to unannounced sampling of graywater or
mixture of graywater and blackwater discharge effluents for the purpose of
testing for a limited suite, as determined by the department, of priority
pollutants;
(5) While operating in
the coastal waters of Maine be subject to additional random sampling events, in
addition to all other required sampling, of some or all graywater or mixture of
graywater and blackwater discharge effluents for conventional and/or priority
pollutant testing as directed by the department;
(6) Ensure all samples, as required by this
section, are collected and tested by a laboratory accepted by the department
for the testing of conventional and priority pollutants, as defined by this
chapter, and in accordance with the large commercial passenger vessel's
department accepted QA/QCP and VSSP; and
(7) Pay all costs associated with development
of an acceptable QA/QCP and VSSP, sampling and testing of effluents, reporting
of results, and any additional environmental record keeping as required by this
chapter, not to include cost of state regulatory oversight.
B.
Quality Assurance/Quality
Control Plan (QA/QCP). A QA/QCP must, at a minimum include:
(1) Sampling techniques and equipment,
sampling preservation methods and holding times, and transportation protocols,
including chain of custody;
(2)
Laboratory analytical information including methods used, calibration,
detection limits, and the laboratory's internal QA/QC procedures;
(3) Quality assurance audits used to
determine the effectiveness of the QA program; and
(4) Procedures and deliverables for data
validation used to assess data precision and accuracy, the representative
nature of the samples drawn, comparability, and completeness of measure
parameters.
C.
Vessel Specific Sampling Plan (VSSP). A VSSP is a working document
used during the sampling events required under this section and must, at a
minimum, include:
(1) Vessel name;
(2) Passenger and crew capacity of the
vessel;
(3) Daily water use of the
vessel;
(4) Holding tank capacities
for treated sewage and graywater;
(5) Vessel schematic of discharge ports and
corresponding sampling ports;
(6)
Description of discharges; and
(7)
A table documenting the type of discharge, type of sample drawn (grab or
composite), parameters to test for (conventional or priority pollutants),
vessel location when sample drawn, date and time of the sampling
event.
D.
Submission of test results. Test results for conventional pollutants
must be submitted within 15 calendar days of the date the sample was collected,
and for priority pollutants within 30 calendar days of the date the sample was
collected, to the department directly by the laboratory conducting the testing
and in accordance with the department accepted QA/QCP.
E.
Retention of samples. Samples
collected for analysis under this chapter must be held by the laboratory
contracted to do the analysis for not less than six months, or as directed by
the department.
F.
Form of
reports. Reports required under this chapter may be written or
electronic. If electronic, the reports must be in a format readable by
department data systems.
NOTE: Each governmental agency of the State determines
whether, and the extent to which, it will send and accept electronic records.
The government agency may specify the manner and format in which the electronic
records must be created, generated, sent, communicated, received and stored.
See 10 MRSA §9418 (in part).