| 
 | 3.__ Alternative terms and conditions.__The department may  | 
| establish alternative terms and conditions of vessel discharges  | 
| applicable to an owner or operator of a vessel who can not  | 
| practicably comply with the standard terms and conditions of  | 
| vessel discharges under subsection 2, 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 subsection 2. The department, on a case- | 
| by-case basis, may set alternative terms and conditions of  | 
| vessel discharges if: |