Report Title:

Water Pollution, Passenger Vessels

 

Description:

Establishes the commercial passenger vessel environmental compliance program on the discharge of effluents.

HOUSE OF REPRESENTATIVES

H.B. NO.

2208

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ENVIRONMENTAL COMPLIANCE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the condition of water surrounding Hawaii is important not only for public health but for the health of the tourism industry. With the recent expansion of the cruise ship industry in the Hawaii, the risk of accidental and intentional release of untreated effluent increases. The legislature finds that placing conditions on cruise vessel discharges and providing for independent verification and monitoring of environmental compliance is appropriate.

SECTION 2. Chapter 342D, Hawaii Revised Statutes is amended by adding a new part to be appropriately designated and to read as follows:

"PART   . COMMERCIAL PASSENGER VESSEL

ENVIRONMENTAL COMPLIANCE PROGRAM

342D-A Program established. There is established the commercial passenger vessel environmental compliance program to:

(1) Provide the terms and conditions of vessel discharges;

(2) Provide independent verification of environmental compliance; and

(3) Allow the department to monitor and supervise discharges from commercial passenger vessels through a registration system.

The department may adopt rules under chapter 91 to carry out the purposes of this chapter.

342D-B Definitions. As used in this chapter:

"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.

"Commercial passenger vessel" means a vessel that carries passengers for hire, except that "commercial passenger vessel" does not include a vessel:

(1) Authorized to carry fewer than fifty passengers;

(2) That does not provide overnight accommodations for at least fifty passengers for hire, determined with reference to the number of lower berths; or

(3) Operated by the United States or a foreign government.

"Department" means the department of health.

"Discharge" means any release of liquids or solids, however caused, from a commercial passenger vessel, and includes any escape, disposal, spilling, leaking, pumping, emitting, or emptying.

"Fund" means the commercial passenger vessel environmental compliance fund established under section 342D-J.

"Graywater" means galley, dishwasher, bath, and laundry waste water.

"Large commercial passenger vessel" means a commercial passenger vessel that provides overnight accommodations for two hundred fifty or more passengers for hire, determined with reference to the number of lower berths.

"Marine waters of the State" means all ocean waters within the boundaries of the State.

"Offloading" means the removal of a hazardous substance, hazardous waste, or nonhazardous solid waste from a commercial passenger vessel onto or into a controlled storage, processing, or disposal facility or treatment works.

"Passengers for hire" means vessel passengers for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel.

"Sewage" means human body wastes and the wastes from toilets and other receptacles intended to receive or retain human body waste.

"Small commercial passenger vessel" means a commercial passenger vessel that provides overnight accommodations for two hundred forty-nine or fewer passengers for hire, determined with reference to the number of lower berths.

"Treated sewage" means sewage that meets all applicable state and federal effluent limitation standards.

"Untreated sewage" means sewage that is not treated sewage.

"Vessel" means any form or manner of watercraft, other than a seaplane on the water, whether or not capable of self-propulsion.

"Voyage" means a vessel trip to or from one or more ports of call in the State with the majority of the passengers for hire completing the entire vessel trip; a vessel trip involving stops at more than one port of call is considered a single voyage so long as the majority of passengers for hire complete the entire trip.

342D-C Registration requirements. (a) Except as provided in section 342D-L, for 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 be completed before the time any commercial passenger vessel of the owner or operator enters the marine waters of the State in that calendar year. The registration shall include the following information:

(1) The vessel owner's business name and, if different, the vessel operator's business name for each commercial passenger vessel of the owner or operator that is scheduled to be in the marine waters of the State during the calendar year;

(2) The postal address, email address, telephone number, and facsimile number for the principal place of each business identified under paragraph (1);

(3) The name and address of an agent for service of process for each business identified under paragraph (1); the owner and operator shall continuously maintain a designated agent for service of process whenever a commercial passenger vessel of the owner or operator is in the marine waters of the State, and the agent must be an individual resident of this State, a domestic corporation, or a foreign corporation having a place of business in and authorized to do business in this State;

(4) The name or call sign of and port of registry for each of the owner's or operator's vessels that is scheduled either to call upon a port in this State or otherwise to be in the marine waters of the State during the calendar year and after the date of registration; and

(5) An agreement to comply with the terms and conditions of vessel discharges specified under section 342D-D.

(b) Registration under subsection (a) shall be executed under oath by the owner or operator.

(c) Upon request of the department, the registrant shall submit registration information required under this section electronically.

342D-D Terms and conditions of discharges. (a) An owner or operator required to register under section 342D-C shall comply with either the standard terms and conditions of vessel discharges specified in subsection (b) or the alternative terms and conditions of vessel discharges specified in subsection (c).

(b) The standard terms and conditions of vessel discharges are that the owner or operator:

(1) Shall not discharge untreated sewage, treated sewage, graywater, or other wastewater in a manner that violates section 342D-E;

(2) Shall maintain records and provide the reports required under section 342D-F(a);

(3) Shall collect and test samples as required under section 342D-F(b) and (d) and provide the reports with respect to those samples required by section 342D-H(c);

(4) Shall report discharges in accordance with section 342D-H(a);

(5) Shall allow the department access to the vessel at the time samples are taken under section 342D-F for purposes of taking the samples or for purposes of verifying the integrity of the sampling process; and

(6) Shall submit records, notices, and plans to the department in accordance with section 342D-H(b), (d), and (e).

(c) The department may establish alternative terms and conditions of vessel discharges applicable to an owner or operator of a vessel who cannot practicably comply with the standard terms and conditions of vessel discharges under subsection (b), or who wishes to use or test alternative environmental protection equipment or procedures. Except as specified in alternative terms and conditions set by the department under this subsection, the alternative terms and conditions of vessel discharges must require compliance with the standard terms and conditions of vessel discharges under subsection (b). The department, on a case-by-case basis, may set alternative terms and conditions of vessel discharges if:

(1) The vessel owner or operator demonstrates to the department's reasonable satisfaction that equivalent environmental protection can be attained through other terms or conditions appropriate for the specific configuration or operation of the vessel;

(2) The vessel owner or operator agrees to make necessary changes to the vessel to allow it to comply with the standard terms and conditions of vessel discharges under subsection (b) but demonstrates to the department's reasonable satisfaction that additional time is needed to make the necessary changes; or

(3) An experimental technology or method for pollution control of a discharge is being used or is proposed as one of the alternative terms and conditions of vessel discharges and the department determines that the experimental technology or method has a reasonable likelihood of success in providing increased protection for the environment.

(d) Alternative terms and conditions of vessel discharges approved by the department under subsection (c), if determined appropriate by the department, may include a waiver by the department of portions of the requirements of sections 342D-E and 342D-F, for the time period that the department determines to be appropriate.

342D-E Prohibited discharges; limitations on discharges. (a) A person shall not discharge untreated sewage from a commercial passenger vessel into the marine waters of the State.

(b) Except as provided in subsection (g) or section 342D-D(c) or (d), a person shall not discharge sewage from a commercial passenger vessel into the marine waters of the State that has suspended solids greater than one hundred fifty milligrams per liter or a fecal coliform count greater than two hundred colonies per one hundred milliliters, except that the department may by rule adopt a protocol for retesting for fecal coliform, if this discharge limit for fecal coliform is exceeded. Under this protocol, a discharger will be considered to be in compliance with the fecal coliform limit, if the geometric mean of fecal coliform count in the samples considered under the protocol does not exceed two hundred colonies per one hundred milliliters. Upon submission by the owner or operator of a small commercial passenger vessel of a plan for interim protective measures, the department shall extend the time for compliance of that vessel with this subsection.

(c) Except as provided in subsection (g) or section 342D-D(c) or (d), a person shall not discharge graywater or other wastewater from a commercial passenger vessel into the marine waters of the State that has suspended solids greater than one hundred fifty milligrams per liter or a fecal coliform count greater than two hundred colonies per one hundred milliliters except that the department may by rule adopt a protocol for retesting for fecal coliform, if this discharge limit for fecal coliform is exceeded, under which a discharger will be considered to be in compliance with the fecal coliform limit, if the geometric mean of fecal coliform count in the samples considered under the protocol does not exceed two hundred colonies per one hundred milliliters. Upon submission by the owner or operator of a large commercial passenger vessel of a plan for interim protective measures, the department shall extend the time for compliance of that vessel with this subsection for a period of time that ends not later than January 1, 2004. Upon submission by the owner or operator of a small commercial passenger vessel of a plan for interim protective measures, the department shall extend the time for compliance of that vessel with this subsection.

(d) The department may by rule establish numeric or narrative standards for other parameters for treated sewage, graywater, and other wastewater discharged from commercial passenger vessels. In developing rules under this subsection, the department shall consider the best available scientific information on the environmental effects of the regulated discharges, the materials and substances handled on the vessels, and the availability of new technologies for wastewater.

(e) Except as provided in subsections (f) and (g) or under section 342D-D(c) or (d), a person shall not discharge any treated sewage, graywater, or other wastewater from a large commercial passenger vessel into the marine waters of the State unless:

(1) The vessel is underway and proceeding at a speed of not less than six knots;

(2) The vessel is at least two nautical miles from the nearest shore, except in areas designated by the department;

(3) The discharge complies with all applicable vessel effluent standards established under federal and state law; and

(4) The vessel is not in an area where the discharge of treated sewage, graywater, or other wastewater is prohibited.

(f) Except as provided in subsection (g), a person shall 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.

(g) Subsections (a) to (e) 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.

342D-F Information-gathering requirements. (a) Except as provided under section 342D-D(c) and (d), 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 marine waters of the state, detailing the dates, times, and locations, and the volumes or flow-rates of any discharge of sewage, graywater, or other wastewater into the marine waters of the state.

(b) Except as provided under section 342D-D(c) and (d), while a commercial passenger vessel is present in the marine waters of the State, the owner or operator of the vessel shall collect routine samples of the vessel's treated sewage, graywater, and other wastewater that are being discharged into the marine 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 shall be the greater of two per calendar year or the number of samples required to be collected under federal statutes and regulations for sewage, graywater, or other wastewater discharges.

(c) Except as provided under section 342D-D(c) and (d), while a commercial passenger vessel is present in the marine waters of the State, the department, or an independent contractor retained by the department, may collect additional samples of the vessel's treated sewage, graywater, and other wastewater that are being discharged into the marine waters of the State.

(d) Except as provided under section 342D-D(c) and (d), the owner or operator of a vessel required to collect samples under this section shall have the samples tested to measure fecal coliform, ammonia, residual chlorine, pH (degree of acidity or alkalnity), chemical oxygen demand, biochemical oxygen demand, total suspended solids, and other parameters 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 shall agree not to 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.

(e) The owner or operator of a commercial passenger vessel shall pay for all routine sampling under this section and the testing of routine samples. The department shall pay for all additional sampling under subsection (c) and the testing of the additional samples.

(f) 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 subsections (a), (b), or (d), the owner or operator shall be considered to be in compliance with that subsection so long as the information is also provided to the department.

342D-G Record keeping requirements. An owner or operator subject to section 342D-F 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.

342D-H Reporting requirements. (a) An owner or operator of a commercial passenger vessel who becomes aware of a discharge in violation of section 342D-E shall immediately report that discharge to the department.

(b) If the owner or operator of a commercial passenger vessel operating in the marine waters of the State is required by the Environmental Protection Agency or the secretary of the federal department in which the United States Coast Guard is operating to collect samples and test sewage, graywater, or other wastewater and keep records of the sampling and testing, the owner or operator, within twenty-one days after the sewage, graywater, or other wastewater is tested, shall submit to the department a copy of the records.

(c) Within twenty-one days after the testing required under section 342D-F(d), the owner or operator shall submit a written report to the department that contains the measurements required under section 342D-F(d) and describes the sampling technique and analytical testing methods used. The information in the report required under this subsection may be provided by referring to, and including copies of, other reports that are required by substantially equivalent state or federal reporting requirements.

(d) If the owner or operator of a commercial passenger vessel operating in the marine waters of the State is required by the laws of the United States to file a report or provide notice of a discharge or offloading of a hazardous waste or hazardous substance that was generated, discharged, or offloaded while the vessel was operating in the marine waters of the State, the owner or operator shall submit to the department a copy of the report or notice within twenty-one days after having provided the report or notice to the federal government.

(e) Before the operation of a commercial passenger vessel in the marine waters of the State, the owner or operator of the vessel shall provide to the department a plan that describes the vessel's policies and procedures for:

(1) Offloading in this State or disposing into the marine waters of the State of nonhazardous solid waste other than sewage; and

(2) Offloading of hazardous waste or a hazardous substance from the vessel while it is operating in the marine waters of the State to the extent that the offloading is not covered by subsection (d).

(f) Upon request of the department, the information required under this section shall be submitted electronically.

(g) This section does not relieve the owner or operator of a commercial passenger vessel from other applicable reporting requirements of state or federal law.

342D-I 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 subsection (a) 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 operates in the marine waters of the State. The fee shall range from $.70 to $1.75 per berth, based on the overnight accommodation capacity of the vessel, determined with reference to the number of lower berths, according to the following categories:

(1) $75 for a commercial passenger vessel with overnight accommodations for at least fifty but not more than ninety-nine passengers for hire;

(2) $175 for a commercial passenger vessel with overnight accommodations for at least one hundred but not more than two hundred forty-nine passengers for hire;

(3) $375 for a commercial passenger vessel with overnight accommodations for at least two hundred fifty but not more than four hundred ninety-nine passengers for hire;

(4) $750 for a commercial passenger vessel with overnight accommodations for at least five hundred but not more than nine hundred ninety-nine passengers for hire;

(5) $1,250 for a commercial passenger vessel with overnight accommodations for at least one thousand but not more than one thousand four hundred ninety-nine passengers for hire;

(6) $1,750 for a commercial passenger vessel with overnight accommodations for at least one thousand five hundred but not more than one thousand nine hundred ninety-nine passengers for hire;

(7) $2,250 for a commercial passenger vessel with overnight accommodations for at least two thousand but not more than two thousand four hundred ninety-nine passengers for hire;

(8) $2,750 for a commercial passenger vessel with overnight accommodations for at least two thousand five hundred but not more than two thousand nine hundred ninety-nine passengers for hire;

(9) $3,250 for a commercial passenger vessel with overnight accommodations for at least three thousand but not more than three thousand four hundred ninety-nine passengers for hire;

(10) $3,750 for each commercial passenger vessel with overnight accommodations for three thousand five hundred or more passengers for hire.

(c) The fee imposed by subsection (a) for a commercial passenger vessel that is operated by this State shall be determined by the department of health.

(d) A commercial passenger vessel operating in the marine waters of the State is liable for the fee imposed by this section. The fee is due and payable to the department in the manner and at the times required by the department by rule.

342D-J Commercial passenger vessel environmental compliance fund. (a) The commercial passenger vessel environmental compliance special fund is hereby created within the state treasury. The fund shall consist of the following, all of which shall be deposited in the fund upon receipt:

(1) Fees received by the department under section 342D-I;

(2) Moneys received as a result of a violation of this part;

(3) Moneys appropriated to the fund by the legislature; and

(4) Earnings and interest on the fund.

(c) The legislature shall make appropriations from the fund to the department to pay for the department's operational costs necessary to prepare reports that assess the information received by the department for the cruise ship seasons of 2003, 2004, 2005, 2006 and for the department's operational costs necessary to carry out activities under this part relating to commercial passenger vessels.

(d) The unexpended and unobligated balance of an appropriation made from the fund to the department for the purposes described in subsection (c) shall lapse into the fund on December 31 following the end of the period for which the appropriation was made.

342D-K 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.

342D-L Exemption for vessels in innocent passage. This chapter shall 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 or foreign-flag vessel, would constitute innocent passage under the:

(1) Convention on the Territorial Sea and the Contiguous Zone, April 29, 1958, 15 U.S.T. 1606; or

(2) United Nations Convention on the Law of the Sea 1982, December 10, 1982, United Nations Publication No. E.83.V.5, 21 I.L.M. 1261 (1982), were the vessel a foreign-flag vessel.

342D-M 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 environmental effects of those vessels; and

(3) Researching ways to reduce effects of the vessels on marine waters and other coastal resources."

SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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