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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. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | §337.__Record-keeping requirements |
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| | | 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. |
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| | | §338.__Reporting requirements |
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