§ 1404. LIMITATIONS ON DISCHARGE OF TREATED SEWAGE OR GRAYWATER.

507 words·~2 min read·/usc/title-33/section-1404

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No person shall discharge any treated sewage or graywater from a cruise vessel into the waters of the Alexander Archipelago or the navigable waters of the United States within the State of Alaska or within the Kachemak Bay National Estuarine Research Reserve unless— the cruise vessel is underway and proceeding at a speed of not less than six knots; the cruise vessel is not less than one nautical mile from the nearest shore, except in areas designated by the Secretary, in consultation with the State of Alaska; the discharge complies with all applicable cruise vessel effluent standards established pursuant to this title and any other applicable law; and the cruise vessel is not in an area where the discharge of treated sewage or graywater is prohibited.

The Administrator, in consultation with the Secretary, may promulgate regulations allowing the discharge of treated sewage or graywater, otherwise prohibited under paragraphs (a)(1) and (a)(2) of this section, where the discharge meets effluent standards determined by the Administrator as appropriate for discharges into the marine environment. In promulgating such regulations, the Administrator shall take into account the best available scientific information on the environmental effects of the regulated discharges.

The effluent discharge standards promulgated under this section shall, at a minimum, be consistent with all relevant State of Alaska water quality standards in force at the time of the enactment of this title [ Dec. 21, 2000 ]. Until such time as the Administrator promulgates regulations under paragraph

(b)of this section, treated sewage and graywater may be discharged from vessels subject to this title in circumstances otherwise prohibited under paragraphs (a)(1) and (a)(2) of this section, provided that— the discharge satisfies the minimum level of effluent quality specified in 40 CFR 133.102, as in effect on the date of enactment of this section [ Dec. 21, 2000 ]; the geometric mean of the samples from the discharge during any 30-day period does not exceed 20 fecal coliform/100 ml and not more than 10 percent of the samples exceed 40 fecal coliform/100 ml; concentrations of total residual chlorine may not exceed 10.0 μg/l; and prior to any such discharge occurring, the owner, operator or master, or other person in charge of a cruise vessel, can demonstrate test results from at least five samples taken from the vessel representative of the effluent to be discharged, on different days over a 30-day period, conducted in accordance with the guidelines promulgated by the Administrator in 40 CFR Part 136, which confirm that the water quality of the effluents proposed for discharge is in compliance with paragraphs (1), (2), and

(3)of this subsection. To the extent not otherwise being done by the owner, operator, master or other person in charge of a cruise vessel pursuant to section 1406, the owner, operator, master or other person in charge of a cruise vessel shall demonstrate continued compliance through periodic sampling. Such sampling and test results shall be considered environmental compliance records that must be made available for inspection pursuant to section 1406(d) of this title .

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40 CFR 133.102
40 CFR 136

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§ 1404

LIMITATIONS ON DISCHARGE OF TREATED SEWAGE OR GRAYWATER.

Cite40 CFR 133.102

Cite40 CFR 136

Cites 2Cited by 0 across 0 sources