LD 1158
pg. 9
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LR 1259
Item 1

 
into the coastal waters of the State with a sampling technique
approved by the department before the sample is collected. The
number of routine samples for each vessel to be collected under
this subsection must be the greater of 2 per calendar year or
the number of samples required to be collected under federal law
and regulations for sewage, gray water or other wastewater
discharges.

 
3.__Additional 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 department
or an independent contractor retained by the department may
collect additional samples of the vessel's treated sewage,
gray water and other wastewater being discharged into the
coastal waters of the State.

 
4.__Sample testing.__Except as provided under section 334,
subsections 3 and 4, the owner or operator of a vessel
required to collect samples under subsection 2 shall have the
samples tested to measure fecal coliform, ammonia, residual
chlorine, degree of acidity or alkalinity, chemical oxygen
demand, biochemical oxygen demand, total suspended solids and
other factors as required by the department in the samples
with an analytical testing method that was approved by the
department before the testing is conducted. A laboratory used
for testing under this subsection may not disclose the testing
results to any person other than to the department, the United
States Coast Guard or the owner or operator of the vessel.

 
5.__Payment for sampling.__The owner or operator of a
commercial passenger vessel shall pay for all routine sampling
under subsection 2 and the testing of routine samples. The
department shall pay for all additional sampling under
subsection 3 and the testing of the additional samples.

 
6.__Information-gathering required by other laws.__If the
owner or operator of a commercial passenger vessel has, when
complying with another state or federal law that requires
substantially equivalent information-gathering, gathered the
type of information required under subsection 1, 2 or 4, the
owner or operator is considered to be in compliance with that
subsection as long as the information is also provided to the
department.

 
§337.__Record-keeping requirements

 
An owner or operator subject to section 336 shall record the
information required to be gathered under that section and
shall maintain the records for 3 years after the date the
information was gathered.

 
§338.__Reporting requirements


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