1625-0092 Stat/Authority

PUBLIC LAW 106–554—APPENDIX D

114 STAT. 2763A–315

TITLE XIV—CERTAIN ALASKAN CRUISE SHIP OPERATIONS
SEC. 1401. PURPOSE.

The purpose of this title is to:
(1) Ensure that cruise vessels operating in the waters of
the Alexander Archipelago and the navigable waters of the
United States within the State of Alaska and within the
Kachemak Bay National Estuarine Research Reserve comply
with all applicable environmental laws, including, but not limited to, the Federal Water Pollution Control Act, as amended
(33 U.S.C. 1251 et seq.), the Act to Prevent Pollution from
Ships, as amended (33 U.S.C. 1901 et seq.), and the protections
contained within this title.
(2) Ensure that cruise vessels do not discharge untreated
sewage within the waters of the Alexander Archipelago, the
navigable waters of the United States in the State of Alaska,
or within the Kachemak Bay National Estuarine Research
Reserve.
(3) Prevent the unregulated discharge of treated sewage
and graywater while in ports in the State of Alaska or traveling
near the shore in the Alexander Archipelago and the navigable
waters of the United States in the State of Alaska or within
the Kachemak Bay National Estuarine Research Reserve.
(4) Ensure that discharges of sewage and graywater from
cruise vessels operating in the Alexander Archipelago and the
navigable waters of the United States in the State of Alaska
or within the Kachemak Bay National Estuarine Research
Reserve can be monitored for compliance with the requirements
contained in this title.
SEC. 1402. APPLICABILITY.

This title applies to all cruise vessels authorized to carry 500
or more passengers for hire.
SEC. 1403. PROHIBITION ON DISCHARGE OF UNTREATED SEWAGE.

No person shall discharge any untreated sewage 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.
SEC. 1404. LIMITATIONS ON DISCHARGE OF TREATED SEWAGE OR
GRAYWATER.

(a) 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—
(1) the cruise vessel is underway and proceeding at a
speed of not less than six knots;
(2) 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;
(3) the discharge complies with all applicable cruise vessel
effluent standards established pursuant to this title and any
other applicable law; and
(4) the cruise vessel is not in an area where the discharge
of treated sewage or graywater is prohibited.

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114 STAT. 2763A–316

PUBLIC LAW 106–554—APPENDIX D

(b) 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.
(c) 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—
(1) 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;
(2) 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;
(3) concentrations of total residual chlorine may not exceed
10.0 μg/l; and
(4) 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.
SEC. 1405. SAFETY EXCEPTION.

Sections 1403 and 1404 of this title shall not apply to discharges
made for the purpose of securing the safety of the cruise vessel
or saving life at sea, provided that all reasonable precautions have
been taken for the purpose of preventing or minimizing the discharge.
SEC. 1406. INSPECTION AND SAMPLING REGIME.

(a) The Secretary shall incorporate into the commercial vessel
examination program an inspection regime sufficient to verify that
cruise vessels visiting ports in the State of Alaska or operating
in 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 are in full

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PUBLIC LAW 106–554—APPENDIX D

114 STAT. 2763A–317

compliance with this title, the Federal Water Pollution Control
Act, as amended, and any regulations issued thereunder, other
applicable Federal laws and regulations, and all applicable international treaty requirements.
(b) The inspection regime shall, at a minimum, include—
(1) examination of environmental compliance records and
procedures; and
(2) inspection of the functionality and proper operation
of installed equipment for abatement and control of any discharge.
(c) The inspection regime may—
(1) include unannounced inspections of any aspect of cruise
vessel operations, equipment or discharges pertinent to the
verification under subsection (a) of this section; and
(2) require the owner, operator or master, or other person
in charge of a cruise vessel subject to this title to maintain
and produce a logbook detailing the times, types, volumes or
flow rates and locations of any discharges of sewage or
graywater under this title.
(d) The inspection regime shall incorporate a plan for sampling
and testing cruise vessel discharges to ensure that any discharges
of sewage or graywater are in compliance with this title, the Federal
Water Pollution Control Act, as amended, and any other applicable
laws and regulations, and may require the owner, operator or
master, or other person in charge of a cruise vessel subject to
this title to conduct such samples or tests, and to produce any
records of such sampling or testing at the request of the Secretary
or Administrator.
SEC. 1407. CRUISE VESSEL EFFLUENT STANDARDS.

Pursuant to this title and the authority of the Federal Water
Pollution Control Act, as amended, the Administrator may promulgate effluent standards for treated sewage and graywater from
cruise vessels operating in 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. Regulations implementing such standards shall take into
account the best available scientific information on the environmental effects of the regulated discharges and the availability of
new technologies for wastewater treatment. Until such time as
the Administrator promulgates such effluent standards, treated
sewage effluent discharges shall not have a fecal coliform bacterial
count of greater than 200 per 100 milliliters nor suspended solids
greater than 150 milligrams per liter.
SEC. 1408. REPORTS.

(a) Any owner, operator or master, or other person in charge
of a cruise vessel who has knowledge of a discharge from the
cruise vessel in violation of section 1403 or 1404 or pursuant to
section 1405 of this title, or any regulations promulgated thereunder, shall immediately report that discharge to the Secretary,
who shall provide a copy to the Administrator upon request.
(b) The Secretary may prescribe the form of reports required
under this section.
SEC. 1409. ENFORCEMENT.

(a) ADMINISTRATIVE PENALTIES.—

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114 STAT. 2763A–318

PUBLIC LAW 106–554—APPENDIX D

(1) VIOLATIONS.—Any person who violates section 1403,
1404, 1408, or 1413 of this title, or any regulations promulgated
pursuant to this title may be assessed a class I or class II
civil penalty by the Secretary or Administrator.
(2) CLASSES OF PENALTIES.—
(A) CLASS I.—The amount of a class I civil penalty
under this section may not exceed $10,000 per violation,
except that the maximum amount of any class I civil penalty under this section shall not exceed $25,000. Before
assessing a civil penalty under this clause, the Secretary
or Administrator, as the case may be, shall give to the
person to be assessed such penalty written notice of the
Secretary’s or Administrator’s proposal to assess the penalty and the opportunity to request, within 30 days of
the date the notice is received by such person, a hearing
on the proposed penalty. Such hearing shall not be subject
to section 554 or 556 of title 5, but shall provide a reasonable opportunity to be heard and to present evidence.
(B) CLASS II.—The amount of a class II civil penalty
under this section may not exceed $10,000 per day for
each day during which the violation continues, except that
the maximum amount of any class II civil penalty under
this section shall not exceed $125,000. Except as otherwise
provided in this subsection, a class II civil penalty shall
be assessed and collected in the same manner, and subject
to the same provisions as in the case of civil penalties
assessed and collected after notice and an opportunity for
a hearing on the record in accordance with section 554
of title 5, United States Code. The Secretary and Administrator may issue rules for discovery procedures for hearings
under this paragraph.
(3) RIGHTS OF INTERESTED PERSONS.—
(A) PUBLIC NOTICE.—Before issuing an order assessing
a class II civil penalty under this section, the Secretary
or Administrator, as the case may be, shall provide public
notice of and reasonable opportunity to comment on the
proposed issuance of each order.
(B) PRESENTATION OF EVIDENCE.—Any person who comments on a proposed assessment of a class II civil penalty
under this section shall be given notice of any hearing
held under this paragraph and of the order assessing such
penalty. In any hearing held under this paragraph, such
person shall have a reasonable opportunity to be heard
and present evidence.
(C) RIGHTS OF INTERESTED PERSONS TO A HEARING.—
If no hearing is held under subsection (2) before issuance
of an order assessing a class II civil penalty under this
section, any person who commented on the proposed assessment may petition, within 30 days after the issuance of
such order, the Administrator or Secretary, as the case
may be, to set aside such order and to provide a hearing
on the penalty. If the evidence presented by the petitioner
in support of the petition is material and was not considered in the issuance of the order, the Administrator or
Secretary shall immediately set aside such order and provide a hearing in accordance with subsection (2)(B). If
the Administrator or Secretary denies a hearing under

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PUBLIC LAW 106–554—APPENDIX D

114 STAT. 2763A–319

this clause, the Administrator or Secretary shall provide
to the petitioner, and publish in the Federal Register, notice
of and the reasons for such denial.
(4) FINALITY OF ORDER.—An order assessing a class II
civil penalty under this paragraph shall become final 30 days
after its issuance unless a petition for judicial review is filed
under subparagraph (6) or a hearing is requested under subsection (3)(C). If such a hearing is denied, such order shall
become final 30 days after such denial.
(5) EFFECT OF ACTION ON COMPLIANCE.—No action by the
Administrator or Secretary under this paragraph shall affect
any person’s obligation to comply with any section of this title.
(6) JUDICIAL REVIEW.—Any person against whom a civil
penalty is assessed under this paragraph or who commented
on the proposed assessment of such penalty in accordance with
subsection (3) may obtain review of such assessment—
(A) in the case of assessment of a class I civil penalty,
in the United States District Court for the District of
Columbia or in the District of Alaska; or
(B) in the case of assessment of a class II civil penalty,
in the United States Court of Appeals for the District
of Columbia Circuit or for any other circuit in which such
person resides or transacts business, by filing a notice
of appeal in such court within the 30-day period beginning
on the date the civil penalty order is issued and by simultaneously sending a copy of such notice by certified mail
to the Administrator or Secretary, as the case may be,
and the Attorney General. The Administrator or Secretary
shall promptly file in such court a certified copy of the
record on which the order was issued. Such court shall
not set aside or remand such order unless there is not
substantial evidence in the record, taken as a whole, to
support the finding of a violation or unless the Administrator’s or Secretary’s assessment of the penalty constitutes
an abuse of discretion and shall not impose additional
civil penalties for the same violation unless the Administrator’s or Secretary’s assessment of the penalty constitutes
an abuse of discretion.
(7) COLLECTION.—If any person fails to pay an assessment
of a civil penalty—
(A) after the assessment has become final, or
(B) after a court in an action brought under subsection
(6) has entered a final judgment in favor of the Administrator or Secretary, as the case may be, the Administrator
or Secretary shall request the Attorney General to bring
a civil action in an appropriate district court to recover
the amount assessed (plus interest at currently prevailing
rates from the date of the final order or the date of the
final judgment, as the case may be). In such an action,
the validity, amount, and appropriateness of such penalty
shall not be subject to review. Any person who fails to
pay on a timely basis the amount of an assessment of
a civil penalty as described in the first sentence of this
subparagraph shall be required to pay, in addition to such
amount and interest, attorneys fees and costs for collection
proceedings and a quarterly nonpayment penalty for each
quarter during which such failure to pay persists. Such

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114 STAT. 2763A–320

PUBLIC LAW 106–554—APPENDIX D

nonpayment penalty shall be in an amount equal to 20
percent of the aggregate amount of such person’s penalties
and nonpayment penalties which are unpaid as of the
beginning of such quarter.
(8) SUBPOENAS.—The Administrator or Secretary, as the
case may be, may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant papers,
books, or documents in connection with hearings under this
section. In case of contumacy or refusal to obey a subpoena
issued pursuant to this subsection and served upon any person,
the district court of the United States for any district in which
such person is found, resides, or transacts business, upon
application by the United States and after notice to such person,
shall have jurisdiction to issue an order requiring such person
to appear and give testimony before the Administrator or Secretary or to appear and produce documents before the Administrator or Secretary, or both, and any failure to obey such
order of the court may be punished by such court as a contempt
thereof.
(b) CIVIL PENALTIES.—
(1) IN GENERAL.—Any person who violates section 1403,
1404, 1408, or 1413 of this title, or any regulations promulgated
pursuant to this title shall be subject to a civil penalty not
to exceed $25,000 per day for each violation. Each day a violation continues constitutes a separate violation.
(2) JURISDICTION.—An action to impose a civil penalty
under this section may be brought in the district court of
the United States for the district in which the defendant is
located, resides, or transacts business, and such court shall
have jurisdiction to assess such penalty.
(3) LIMITATION.—A person is not liable for a civil judicial
penalty under this paragraph for a violation if the person
has been assessed a civil administrative penalty under paragraph (a) for the violation.
(c) DETERMINATION OF AMOUNT.—In determining the amount
of a civil penalty under paragraphs (a) or (b) of this section, the
court, the Secretary or the Administrator, as the case may be,
shall consider the seriousness of the violation or violations, the
economic benefit (if any) resulting from the violation, any history
of such violations, any good-faith efforts to comply with the
applicable requirements, the economic impact of the penalty on
the violator, and other such matters as justice may require.
(d) CRIMINAL PENALTIES.—
(1) NEGLIGENT VIOLATIONS.—Any person who negligently
violates section 1403, 1404, 1408, or 1413 of this title, or
any regulations promulgated pursuant to this title commits
a Class A misdemeanor.
(2) KNOWING VIOLATIONS.—Any person who knowingly violates section 1403, 1404, 1408, or 1413 of this title, or any
regulations promulgated pursuant to this title commits a Class
D felony.
(3) FALSE STATEMENTS.—Any person who knowingly makes
any false statement, representation, or certification in any
record, report or other document filed or required to be maintained under this title or the regulations issued thereunder,
or who falsifies, tampers with, or knowingly renders inaccurate
any testing or monitoring device or method required to be

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PUBLIC LAW 106–554—APPENDIX D

114 STAT. 2763A–321

maintained under this title, or the regulations issued thereunder, commits a Class D felony.
(e) AWARDS.—
(1) The Secretary, the Administrator, or the court, when
assessing any fines or civil penalties, as the case may be,
may pay from any fines or civil penalties collected under this
section an amount not to exceed one-half of the penalty or
fine collected, to any individual who furnishes information
which leads to the payment of the penalty or fine. If several
individuals provide such information, the amount shall be
divided equitably among such individuals. No officer or
employee of the United States, the State of Alaska or any
federally recognized Tribe who furnishes information or renders
service in the performance of his or her official duties shall
be eligible for payment under this subsection.
(2) The Secretary, Administrator or the court, when assessing any fines or civil penalties, as the case may be, may pay,
from any fines or civil penalties collected under this section,
to the State of Alaska or to any federally recognized Tribe
providing information or investigative assistance which leads
to payment of the penalty or fine, an amount which reflects
the level of information or investigative assistance provided.
Should the State of Alaska or a federally recognized Tribe
and an individual under paragraph (1) of this section be eligible
for an award, the Secretary, the Administrator, or the court,
as the case may be, shall divide the amount equitably.
(f ) LIABILITY IN REM.—A cruise vessel operated in violation
of this title or the regulations issued thereunder is liable in rem
for any fine imposed under subsection (d) of this section or for
any civil penalty imposed under subsections (a) or (b) of this section,
and may be proceeded against in the United States district court
of any district in which the cruise vessel may be found.
(g) COMPLIANCE ORDERS.—
(1) IN GENERAL.—Whenever on the basis of any information
available to him the Administrator finds that any person is
in violation of section 1403, 1404, 1408, or 1413 of this title,
or any regulations promulgated pursuant to this title, the
Administrator shall issue an order requiring such person to
comply with such section or requirement, or shall bring a
civil action in accordance with subsection (b).
(2) COPIES OF ORDERS, SERVICE.—A copy of any order issued
under this subsection shall be sent immediately by the Administrator to the State of Alaska. In any case in which an order
under this subsection is issued to a corporation, a copy of
such order shall be served on any appropriate corporate officer.
Any order issued under this subsection shall be by personal
service, shall state with reasonable specificity the nature of
the violation, and shall specify a time for compliance not to
exceed 30 days in the case of a violation of an interim compliance schedule or operation and maintenance requirement and
not to exceed a time the Administrator determines to be reasonable in the case of a violation of a final deadline, taking into
account the seriousness of the violation and any good faith
efforts to comply with applicable requirements.
(h) CIVIL ACTIONS.—The Administrator is authorized to commence a civil action for appropriate relief, including a permanent
or temporary injunction, for any violation for which he is authorized

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114 STAT. 2763A–322

PUBLIC LAW 106–554—APPENDIX D

to issue a compliance order under this subsection. Any action under
subsection (h) may be brought in the district court of the United
States for the district in which the defendant is located or resides
or is doing business, and such court shall have jurisdiction to
restrain such violation and to require compliance. Notice of the
commencement of such action shall be given immediately to the
State of Alaska.
SEC. 1410. DESIGNATION OF CRUISE VESSEL NO-DISCHARGE ZONES.

If the State of Alaska determines that the protection and
enhancement of the quality of some or all of 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 require greater environmental protection, the State of Alaska may petition the Administrator to prohibit
the discharge of graywater and sewage from cruise vessels operating
in such waters. The establishment of such a prohibition shall be
achieved in the same manner as the petitioning process and prohibition of the discharge of sewage pursuant to section 312(f ) of the
Federal Water Pollution Control Act, as amended, and the regulations promulgated thereunder.
SEC. 1411. SAVINGS CLAUSE.

(a) Nothing in this title shall be construed as restricting, affecting, or amending any other law or the authority of any department,
instrumentality, or agency of the United States.
(b) Nothing in this title shall in any way affect or restrict,
or be construed to affect or restrict, the authority of the State
of Alaska or any political subdivision thereof—
(1) to impose additional liability or additional requirements;
or
(2) to impose, or determine the amount of a fine or penalty
(whether criminal or civil in nature) for any violation of law;
relating to the discharge of sewage (whether treated or
untreated) or graywater in the waters of the Alexander
Archipelago and the navigable waters of the United States
within the State of Alaska or within the Kachemak Bay
National Estuarine Research Reserve.
SEC. 1412. REGULATIONS.

The Secretary and the Administrator each may prescribe any
regulations necessary to carry out the provisions of this title.
SEC. 1413. INFORMATION GATHERING AUTHORITY.

The authority of sections 308(a) and (b) of the Federal Water
Pollution Control Act, as amended, shall be available to the
Administrator to carry out the provisions of this title. The Administrator and the Secretary shall minimize, to the extent practicable,
duplication of or inconsistency with the inspection, sampling, testing, recordkeeping, and reporting requirements established by the
Secretary under section 1406 of this title.
SEC. 1414. DEFINITIONS.

In this title:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the United States Environmental Protection
Agency.

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PUBLIC LAW 106–554—APPENDIX D

114 STAT. 2763A–323

(2) CRUISE VESSEL.—The term ‘‘cruise vessel’’ means a passenger vessel as defined in section 2101(22) of title 46, United
States Code. The term ‘‘cruise vessel’’ does not include a vessel
of the United States operated by the Federal Government or
a vessel owned and operated by the government of a State.
(3) DISCHARGE.—The term ‘‘discharge’’ means any release
however caused from a cruise vessel, and includes any escape,
disposal, spilling, leaking, pumping, emitting, or emptying.
(4) GRAYWATER.—The term ‘‘graywater’’ means only galley,
dishwasher, bath, and laundry waste water. The term does
not include other wastes or waste streams.
(5) NAVIGABLE WATERS.—The term ‘‘navigable waters’’ has
the same meaning as in section 502 of the Federal Water
Pollution Control Act, as amended.
(6) PERSON.—The term ‘‘person’’ means an individual, corporation, partnership, limited liability company, association,
State, municipality, commission, or political subdivision of a
State, or any federally recognized tribe.
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the department in which the United States Coast Guard
is operating.
(8) SEWAGE.—The term ‘‘sewage’’ means human body
wastes and the wastes from toilets and other receptacles
intended to receive or retain body waste.
(9) TREATED SEWAGE.—The term ‘‘treated sewage’’ means
sewage meeting all applicable effluent limitation standards and
processing requirements of the Federal Water Pollution Control
Act, as amended and of this title, and regulations promulgated
under either.
(10) UNTREATED SEWAGE.—The term ‘‘untreated sewage’’
means sewage that is not treated sewage.
(11) WATERS OF THE ALEXANDER ARCHIPELAGO.—The term
‘‘waters of the Alexander Archipelago’’ means all waters under
the sovereignty of the United States within or near Southeast
Alaska, beginning at a point 58°11′41′′N, 136°39′25′′W [near
Cape Spencer Light], thence southeasterly along a line three
nautical miles seaward of the baseline from which the breadth
of the territorial sea is measured in the Pacific Ocean and
the Dixon Entrance, except where this line intersects geodesics
connecting the following five pairs of points:
(1) 58°05′17′′N, 136°33′49′′W and 58°11′41′′N,
136°39′25′′W [Cross Sound].
(2) 56°09′40′′N, 134°40′00′′W and 55°49′15′′N,
134°17′40′′W [Chatham Strait].
(3) 55°49′15′′N, 134°17′40′′W and 55°50′30′′N,
133°54′15′′W [Sumner Strait].
(4) 54°41′30′′N, 132°01′00′′W and 54°51′′30′′N,
131°20′45′′W [Clarence Strait].
(5) 54°51′30′′N, 131°20′45′′W and 54°46′15′′N,
130°52′00′′W [Revillagigedo Channel].
The portion of each such geodesic situated beyond three nautical
miles from the baseline from which the breadth of the territorial
sea is measured forms the outer limit of the waters of the Alexander
Archipelago in those five locations.

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