§342D-111 Alternative terms and conditions of vessel discharges. (a) 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 sections 342D-102, 342D-103, 342D-104, and 342D-106 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 sections 342D-102, 342D-103, 342D-104, and 342D-106. 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 sections 342D-102, 342D-103, 342D-104, and 342D-106 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.
(b) Alternative terms and conditions of vessel discharges approved by the department under subsection (a), if determined appropriate by the department, may include a waiver by the department of portions of the requirements of sections 342D-102, 342D-103, and 342D-104 for the time period that the department determines to be appropriate. [L 2005, c 217, pt of §1]
Structure Hawaii Revised Statutes
342D-6 Permits; procedures for.
342D-8 Inspection of premises.
342D-10 Emergency powers; procedures.
342D-11 Injunctive and other relief.
342D-14 Public records; confidential information; penalties.
342D-15 Nonliability of department personnel.
342D-17 Enforcement by state and county authorities.
342D-18 Other powers of department not affected.
342D-19 Effect of laws, ordinances, and rules.
342D-31 Administrative penalties.
342D-36 Treatment of single operational upset.
342D-37 Responsible corporate officer as "person".
342D-38 Hazardous substance defined.
342D-39 Disposition of collected fines and penalties.
342D-50.5 Treated or raw sewage; prohibition.
342D-51 Affirmative duty to report discharges.
342D-52 Testing of water and aquatic and other life.
342D-54 Wastewater treatment works; financial assistance; grants.
342D-55 Recordkeeping and monitoring requirements.
342D-56 Complaints; hearings; appointment of masters.
342D-57 Public participation activities; appointment of hearings officers.
342D-58 Consultation and advice.
342D-59 Research, educational, and training programs.
342D-61 Household aerobic unit approval.
342D-70 Use of gray water for irrigation purposes.
342D-72 Cesspools; mandatory upgrade, conversion, or connection.
342D-81 Declaration of policy.
342D-83 Revolving fund; establishment, purposes, coordination.
342D-85 Revolving fund; deposits.
342D-86 Revolving fund; fees, interest, and investment on accounts.
342D-87 Revolving fund; conditions.
342D-88 Revenue bonds; authorization.
342D-89 Revenue bonds; payment and security.
342D-90 Revenue bonds; amount issued.
342D-91 Revenue bonds; investment of proceeds, and redemption.
342D-92 Trustee; designation; duties.
342D-102 Prohibited discharges; limitations on discharges.
342D-103 Prohibited air emissions.
342D-104 Information-gathering requirements.
342D-105 Recordkeeping requirements.
342D-106 Reporting requirements.
342D-107 Memorandum of understanding; recognition program.
342D-108 Exemption for vessels in innocent passage.
342D-109 Activities of the department.
342D-110 Fine schedules for illegal discharges.
342D-111 Alternative terms and conditions of vessel discharges.