The department may adopt rules to carry out the purposes of this subchapter. Rules adopted pursuant to this subchapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

§339-F.__Penalty

A person who violates or causes or permits to be violated a provision of this subchapter or a rule or order of the department, or a registration, or term or condition of a registration issued under this subchapter is subject to a civil penalty of not less than $500 nor more than $100,000 for the initial violation, nor more than $10,000 for each day after that on which the violation continues, payable to the State.__This penalty is recoverable in a civil action.__The penalty must reflect, when applicable:

1.__Liquidated damages. Reasonable compensation in the nature of liquidated damages for any adverse environmental effects caused by the violation, that must be determined by the court according to the toxicity, degradability and dispersal characteristics of the substance discharged, the sensitivity of the receiving environment and the degree to which the discharge degrades existing environmental quality.__ For a violation of section 335, the court, in making its determination under this subsection, must also consider the volume of the gray water, sewage or other wastewater discharged.__This subsection may not be construed to limit the right of parties other than the State to recover for personal injuries or damage to their property;

2.__Reasonable costs.__Reasonable costs incurred by the State in detection, investigation and attempted correction of the violation;

3.__Economic savings.__The economic savings realized by the person in not complying with the requirement for which a violation is charged.__As used in this subsection, "economic savings" means that sum a person would be required to expend for the planning, acquisition, siting, construction, installation and operation of facilities necessary to effect compliance with the requirement violated; and

4.__Enhanced penalty.__ The need for an enhanced civil penalty to deter future noncompliance.

SUMMARY

This bill establishes commercial passenger vessel environmental compliance standards to provide for the terms and conditions of vessel discharges and monitoring and supervision of discharges from commercial passenger vessels through a registration system.