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 quality 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 quality specified in 40 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