Large Commercial Passenger Vessels (LCPVs)
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GENERAL PERMIT FOR THE DISCHARGE OF GRAYWATER OR A MIXTURE OF GRAYWATER AND BLACKWATER FROM LARGE COMMERCIAL PASSENGER VESSELS TO COASTAL WATERS
Part 4. Procedure
A. Chapter 532, Large Commercial Passenger Vessels. The permittee shall comply with requirements related to the sewage and graywater discharge record book, sampling and reporting, required plans, and other procedures and submission requirements contained in Chapter 532.
B. Certification of participation under a Quality Assurance/Quality Control Plan (QA/QCP). Not less than 90 days prior to each LCPV's initial entry into the coastal waters of Maine during any calendar year, the owner or operator shall provide to the Department certification of participation under a Quality Assurance/Quality Control Plan (QA/QC) accepted by the Department for sampling and analysis of graywater or a mixture of graywater and blackwater for the current operating season. (1)
1. QA/QC Certification. The QA/QC certification shall be on a form provided by the Department. The owner or operator may either:
(a) Certify to participation in a plan approved by the Department for the current season and posted on its website or otherwise made available to the owner or operator; or
(b) Certify to participation in a plan that was submitted by the owner or operator to the Department for review at least 150 days prior to the LCPV's initial entry into the coastal waters of Maine during any calendar year and approved by the Department.
2. Plan requirement. The QA/QC plan must meet the criteria in Chapter 532(5)(B) as determined by the Department. In reviewing QA/QC submitted plans, the Department will consider whether the plan includes the following:
(a) Sampling techniques and equipment, sampling preservation methods and holding times, and transportation protocols, including chain of custody;
(b) Laboratory analytical information including methods used, calibration, detection limits, and the laboratory's internal QA/QC procedures;
(c) Quality assurance audits used to determine the effectiveness of the QA program; and
(d) Procedures and deliverables for data validation used to assess data precision and accuracy, the representative nature of the samples drawn, comparability, and completeness of measure parameters. (2)
C. Notice of Intent (NOI). A LCPV meeting the requirements of and desiring coverage under this general permit must complete a notice of intent (NOI) and submit it with the applicable permit fee to the Department.
1. When to submit NOI. Not less than 30 days nor more than 120 days prior to the LCPV's initial entry into the coastal waters of Maine, the owner or operator shall provide a completed NOI with all required information and fees to the Department on a form provided by the Department.
The NOI incorporates a certification of conformance with standards. The certification of conformance with standards is required each year that a LCVP will enter Maine 's coastal waters. In subsequent years following filing of the NOI form, and during the period of this general permit, a NOI form is not required to be filed, but a certification of conformance with standards, as described in Part 4(E) is required using a separate form.
2. NOI form. NOI forms may be obtained from the Department's website or by contacting: Permitting Section, Division of Water Resource Regulation, Bureau of Land & Water Quality, Dept. of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: 207-287-3901. Fax: 207-287-7191.
An owner or operator with more than one LCPV operating in Maine coastal waters may submit a consolidated NOI that addresses both information common to all LCPVs and information specific to each individual LCPV.
3. Fees. An annual fee is designated in the Department's annual fee schedule, and is subject to increase based upon the Consumer Price Index. The fee in 2006 is $117. (3) A separate fee is required for each LCPV, without regard to whether a consolidated NOI is filed.
(a) The annual fee for the first year of coverage under the general permit must be included with the NOI.
(b) In order to maintain coverage under the general permit for subsequent years, the annual fee must be submitted to the Department by January 1 of each subsequent year for the period of this general permit. An annual fee for a given year is not required for the subsequent year if a notice of termination (NOT) is filed prior to January 1.
4. Information included in the NOI. The notice to the Department shall include information necessary for the Department to evaluate the expected impact of the LCPV on existing water quality. A complete NOI must at a minimum contain the following information for each LCPV. The Department may require additional vessel-specific information necessary to determine whether the requirements of this general permit are met.
(a) The legal name, address and telephone number of the owner.
(b) The legal name, address and telephone number of the operator of the LCPV if different than the owner.
(c) A description of the number, type, and capacity of waste treatment systems that will be used to treat wastewater intended to be authorized for discharge under this general permit.
(d) A description of the maximum anticipated volume of wastewater to be discharged through the wastewater treatment system(s).
(e) A certification to the Department that the LCPV's graywater and mixture of graywater and blackwater meets the standards specified in Chapter 532(3), Effluent Standards.
(f) List of anticipated ports of call in Maine as of submission of the NOI form. (4)
(g) The signature of an authorized person in accordance with Chapter 521(5) of the Department's rules.
D. Effective date of coverage. If the Department does not notify the applicant within 14 days of the Department's receipt of the NOI, the NOI is deemed to be accepted by the Department and coverage is granted. In the event coverage is not granted, the Department shall notify the applicant of the reasons for not granting coverage.
E. Certification of conformance with standards. Not less than 30 days nor more than 120 days prior to the LCPV's initial entry into the coastal waters of Maine during any calendar year, provide a certification to the Department that the LCPV's graywater and mixture of graywater and blackwater discharge is permitted and meets the standards specified in Chapter 532(3), Effluent Standards. (5)
Prior to the LCPV's initial entry into the coastal water of Maine during the period of this general permit, the certification that Chapter 532(3) standards are met is incorporated into the NOI so that a separate submission is not required. In each subsequent year that the LCPV will enter Maine coastal waters, the owner or operator shall provide this certification on a form provided by the Department.
F. Vessel Specific Sampling Plan (VSSP). Within 30 days of each LCPV's initial entry into the coastal waters of Maine during each calendar year, provide to the Department a Vessel Specific Sampling Plan (VSSP) for review and acceptance, and undergo sampling and testing for conventional pollutants of all treated graywater or mixture of graywater and blackwater effluents as directed by the Department.
1. Contents of plan. (6) A vessel specific sampling plan must include the following.
(a) The vessel name.
(b) The passenger and crew capacity of the vessel.
(c) The estimated average daily water use per individual of the vessel.
The estimated total water use for the vessel per day
The type, capacity, and location of each wastewater treatment system *
(d) The capacity and location of each holding tank for treated blackwater.*
(e) The capacity and location of each holding tank for graywater. *
(f) The capacity and location of each holding tank for combined treated sewage and graywater. *
(g) The location capacity, pump rate, and associated wastewater system(s) of each discharge port.*
(h ) Location of discharge and sampling ports in detail sufficient for them to be located during an inspection.
(i) A table documenting:
(i) The discharge type;
(ii) Whether the type of sample to be collected is grab or composite;
(iii) Parameters to be tested for each sample;
(iv) The location on the vessel where each sample is to be collected; and
(v) A narrative description of the time at which each sample is to be taken based upon the circumstances that will yield a sample most likely to be representative of the average discharge that passes through the location where the sample is taken.
(j) A description of the standards the owner or operator will use to determine a deviation from the plan.
* May be presented in table format.
2. Period of the plan. A sampling plan is valid for 12 months after the date of approval. The Department will approve the plan if the Department determines that the plan provides sufficient information to assure appropriate sampling from the specific LCPV.
3. Maintain copy on board. The owner or operator shall maintain a copy of the valid, approved vessel specific sampling plan on board each vessel from which the owner or operator intends to cause or allow the discharge of graywater or a mixture of graywater and blackwater.
G. Notice of Termination (NOT). The permittee shall provide the Department with a "Notice of Termination" or "NOT" if the permittee intends to no longer discharge to Maine coastal waters within the term of this general permit.
H. Duty to reapply. If the permittee wishes to continue an activity regulated by this general permit after the expiration date of this general permit, the permittee must apply for and obtain authorization pursuant to a new permit.
If this general permit is not reissued or replaced prior to the expiration date of this general permit, it will be administratively continued and remain in force and effect until reissued or replaced, or a determination is made not to reissue the general permit. If an owner or operator was granted permit coverage prior to the expiration date for a specific LCPV, the LCPV will automatically remain covered by the continued permit until the earliest of (1) reissuance or replacement of this permit, at which time the owner or operator must comply with the conditions of the new permit to maintain authorization to discharge; or (2) the submittal of a NOT; or (3) a formal decision by the Department to not reissue the general permit.
FOOTNOTES
(1) See 06-096 CMR 532(5)(A)(1).
(2) 06-096 CMR 532(5)(B).
(3) See 38 MRSA 353-B, "General permit coverage", which specifies a general fee that is subject to increase based upon the Consumer Price Index.
(4) The DEP will send a copy to the NOI to the municipalities with anticipated ports of call scheduled as of submission of the NOI, as evidence of the DEP's receipt of notification.
(5) See 06-096 CMR 532(5)(A)(2).
(6) This section was adapted from State of Alaska Rules, 18 AAC 69.030, Vessel specific sampling plan.
