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Home » US Law » 2022 Alaska Statutes » Title 46. Water, Air, Energy, and Environmental Conservation » Chapter 03. Environmental Conservation » Article 7. Commercial Passenger Vessel Environmental Compliance Program.

Sec. 46.03.460. Program established.

(a) There is established the commercial passenger vessel environmental compliance program providing for (1) terms and conditions of vessel discharges; (2) independent verification of environmental compliance; and (3) allowing the department to monitor and supervise discharges from commercial passenger vessels through a registration system. (b) The department may adopt regulations to carry out the purposes […]

Sec. 46.03.461. Registration requirements.

(a) Except as provided in AS 46.03.487, each calendar year in which the owner or operator of a commercial passenger vessel intends to operate, or cause or allow to be operated, the vessel in the marine waters of the state, the owner or operator of the vessel shall register with the department. The registration shall […]

Sec. 46.03.462. Terms and conditions of discharge permits.

(a) An owner or operator may not discharge any treated sewage, graywater, or other wastewater from a commercial passenger vessel into the marine waters of the state unless the owner or operator (1) obtains a permit under AS 46.03.100 that complies with the terms and conditions of vessel discharge requirements specified in (b) of this […]

Sec. 46.03.463. Prohibited discharges; limitations on discharges.

(a) Except as provided in (h) of this section, a person may not discharge untreated sewage from a commercial passenger vessel into the marine waters of the state. (b) Except as provided in (h) of this section or under a plan for a small commercial passenger vessel approved under AS 46.03.462(k), a person may not […]

Sec. 46.03.465. Information-gathering requirements; exemption.

(a) The owner or operator of a commercial passenger vessel shall maintain daily records related to the period of operation while in the state, detailing the dates, times, and locations, and the volumes and flow rates of any discharges of sewage, graywater, or other wastewaters into the marine waters of the state, and provide electronic […]

Sec. 46.03.470. Record keeping requirements.

An owner or operator subject to AS 46.03.465 shall record the information required to be gathered under that section and shall maintain the records for three years after the date the information was gathered.

Sec. 46.03.475. Reporting requirements.

(a) An owner or operator of a commercial passenger vessel who becomes aware of a discharge in violation of AS 46.03.463 shall immediately report that discharge to the department. There is no audit report privilege under AS 09.25.450 for this information. (b) If the owner or operator of a commercial passenger vessel operating in the […]

Sec. 46.03.476. Ocean rangers.

(a) An owner or operator of a large commercial passenger vessel entering the marine waters of the state is required to have an ocean ranger hired or retained by the department on board the vessel to act as an independent observer for the purpose of monitoring state and federal requirements pertaining to marine discharge and […]

Sec. 46.03.480. Fees.

(a) There is imposed an environmental compliance fee on each commercial passenger vessel operating in the marine waters of the state. (b) The fee imposed by (a) of this section for all commercial passenger vessels, other than vessels operated by the state, is a separate fee for each voyage during which the commercial passenger vessel […]

Sec. 46.03.481. Citizens’ suits.

(a) Any citizen of the state may commence a civil action (1) against an owner or operator of a large passenger vessel alleged to have violated any provision of this chapter, or (2) against the department where there is an alleged failure to perform any act or duty under this chapter which is not discretionary. […]

Sec. 46.03.482. Commercial passenger vessel environmental compliance fund.

(a) The commercial passenger vessel environmental compliance fund is created in the general fund. (b) The fund consists of the following, all of which shall be deposited in the fund upon receipt: (1) money received by the department in payment of fees under AS 46.03.480; (2) money received under AS 46.03.760(e) as a result of […]

Sec. 46.03.485. Recognition program.

The department may engage in efforts to encourage and recognize superior environmental protection efforts made by the owners or operators of commercial passenger vessels that exceed the requirements established by law.

Sec. 46.03.487. Exemption for vessels in innocent passage.

AS 46.03.460 – 46.03.490 do not apply to a commercial passenger vessel that operates in the marine waters of the state solely in innocent passage. For purposes of this section, a vessel is engaged in innocent passage if its operation in marine waters of the state, regardless of whether the vessel is a United States […]

Sec. 46.03.488. Activities of the department.

The department may engage in the following activities relating to commercial passenger vessels operating in the marine waters of the state: (1) direct in-water monitoring of discharges or releases of sewage, graywater, and other wastewater and direct monitoring of the opacity of air emissions from those vessels; (2) monitoring and studying of direct or indirect […]

Sec. 46.03.490. Definitions.

In AS 46.03.460 – 46.03.490, (1) “agent for service of process” means an agent upon whom process, notice, or demand required or permitted by law to be served upon the owner or operator may be served; (2) “commercial passenger vessel” means a vessel that carries passengers for hire except that “commercial passenger vessel” does not […]