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PUBLIC LAWS OF MAINE
Second Special Session of the 121st

CHAPTER 650
S.P. 378 - L.D. 1158

An Act To Protect Maine's Coastal Water

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 38 MRSA §417, sub-§3, as affected by PL 1989, c. 890, Pt. A, §40 and enacted by Pt. B, §34, is amended to read:

     3. Refuse. Any scrap metal, junk, paper, garbage, septic tank septage, sludge, rubbish, old automobiles or similar refuse.

     Sec. 2. 38 MRSA §423-D is enacted to read:

§423-D.   Graywater and blackwater discharges from commercial passenger vessels

     1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

     2. Licensing exemptions. A license is not required pursuant to section 413 prior to the discharge of graywater to coastal waters from:

     3. Report of unauthorized discharge. Discharges of blackwater or graywater from a large commercial passenger vessel to coastal waters must be reported to the department as provided in this subsection.

     4. Prohibited discharges; exemption; general permit requirement. The following provisions govern the discharge of graywater and a mixture of graywater and blackwater from large commercial passenger vessels.

The department shall enter into a memorandum of agreement with the United States Coast Guard to consolidate information requirements of the department and the United States Coast Guard to the extent acceptable to the United States Coast Guard.

     5. Agent for service of process. The owner or operator of a commercial passenger vessel shall continuously maintain a designated agent for service of process whenever the commercial passenger vessel is in coastal waters. The agent must be an individual resident of the State, a domestic corporation or a foreign corporation having a place of business in and authorized to do business in the State. "Agent for service of process" means an agent upon whom process, notice of or demand required or permitted by law to be served upon the owner or operator may be served.

     6. Innocent passage. This section does not apply to a commercial passenger vessel that operates in the coastal waters of the State solely in innocent passage. For purposes of this paragraph, a commercial passenger vessel is engaged in innocent passage if its operation in coastal waters of the State, regardless of whether the vessel is a United States or foreign-flag vessel, would constitute innocent passage under the:

     Sec. 3. 38 MRSA §464, sub-§4, ¶A, as amended by PL 2003, c. 246, §14 and c. 318, §2, is further amended by amending subparagraph (6) to read:

     Sec. 4. PL 1999, c. 655, Pt. A, §1, sub-§6 is amended to read:

     6. No later than January 15, 2005, apply to the United States Environmental Protection Agency for designation of up to 50 significant harbors or bays in the territorial waters of the State, as identified by the Commissioner of Environmental Protection, as "no-discharge zones" pursuant to 33 United States Code, Section 1322. In identifying significant harbors and bays, the commissioner shall give priority to areas that are potentially commercially significant shellfish harvesting resources and areas that have significant boat traffic. The department may also recommend to the joint standing committee of the Legislature having jurisdiction over natural resources matters that application be made by the Department of Environmental Protection for additional no-discharge zones, including all or part of the coast, as appropriate at future dates; and

     Sec. 5. Report concerning graywater discharges from small commercial passenger vessels. The Department of Environmental Protection shall submit a report to the joint standing committee of the Legislature having jurisdiction over natural resources matters by January 1, 2006 concerning whether small commercial passenger vessels, or a subset of small commercial passenger vessels, should be required to seek authorization to discharge graywater. The department may include any recommended legislation concerning vessel discharges. The committee may report out legislation during the Second Regular Session of the 122nd Legislature concerning graywater discharges from small commercial passenger vessels.

     Sec. 6. Report concerning air emissions. The Department of Environmental Protection shall submit a report to the joint standing committee of the Legislature having jurisdiction over natural resources matters by January 15, 2005 concerning issues related to air emissions from vessels. The report must include draft legislation necessary to implement any proposal. The committee may report out legislation during the First Regular Session of the 122nd Legislature relating to air emissions from vessels.

     Sec. 7. Discharge prior to January 1, 2006. Notwithstanding the Maine Revised Statutes, Title 38, section 423-D, subsection 4, paragraph A, beginning on the effective date of this Act and ending January 1, 2006, the owner or operator of a large commercial passenger vessel may discharge graywater or a mixture of graywater and blackwater to coastal waters if the vessel is authorized to discharge graywater or a mixture of graywater and blackwater in Alaska pursuant to the federal Consolidated Appropriations Act of 2001, Public Law 106-554, Section 1(a)(4) and Appendix D, Division B, Title XIV, Section 1404(b) or (c), 114 Stat. 2763, 2763A-316.

     Sec. 8. General permit; legislative intent. It is the intent of the Legislature that the regulation of graywater and graywater and blackwater mixture discharges from large commercial passenger vessels that are equipped with wastewater treatment systems that require continuous discharge be consistent with the regulation of similar vessels in Alaska. A general permit issued under the Maine Revised Statutes, Title 38, section 423-D, subsection 4, paragraph B, subparagraph (4) must be consistent with:

     1. The requirements in Title 38, section 423-D, subsection 4, paragraph B; and

     2. The requirements in rules adopted by the Department of Environmental Protection regarding general permits for certain wastewater discharges, except that the rule provision that authorizes the Department of Environmental Protection to require a person otherwise authorized under a general permit to apply for an individual permit does not apply.

Effective July 30, 2004, unless otherwise indicated.

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