§ 38 §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.
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:

Legislative History

PL 2003, c. 650, §2 (NEW).