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% of the samples exceed 40 fecal coliform per 100 | milliliters; |
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| (3)__Concentrations of total residual chlorine do not | exceed 10 milligrams per liter; and |
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| (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 40 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. |
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| | 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. |
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| | 8.__Safety purpose.__The provisions of subsections 1 to 7 do | not apply 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. |
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| §336.__Information-gathering requirements |
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| | 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. |
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| | 2.__Routine 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 owner or | operator of the vessel shall collect routine samples of the | vessel's treated sewage, gray water and other wastewater being | discharged |
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