3.__Gray water.__Except as provided in subsection 8 or under section 334, subsections 3 and 4, a person may not discharge gray water or other wastewater from a commercial passenger vessel into the coastal waters of the State that has suspended solids greater than 150 milligrams per liter or a fecal coliform count greater than 200 colonies per 100 milliliters except that the department may by rule adopt a protocol for retesting for fecal coliform, if this discharge limit for fecal coliform is exceeded, under which a discharging vessel will be considered to be in compliance with the fecal coliform limit if the geometric mean of fecal coliform count in the samples considered under the protocol does not exceed 200 colonies per 100 milliliters. Upon submission by the owner or operator of a large commercial passenger vessel of a plan for interim protective measures, the department shall extend the time for compliance of that vessel with this subsection for a period of time that ends not later than January 1, 2005. Upon submission by the owner or operator of a small commercial passenger vessel of a plan for interim protective measures, the department shall extend the time for compliance of that vessel with this subsection.

4.__Standards for other parameters.__The department may by rule establish numeric or narrative standards other than those provided under subsections 2 and 3 for treated sewage, gray water and other wastewater discharged from commercial passenger vessels. In developing rules under this subsection, the department shall consider the best available scientific information on the environmental effects of the regulated discharges, the materials and substances handled on the vessels, vessel movement effects and the availability of new technologies for wastewater.

5.__Large commercial passenger vessels.__Except as provided in subsections 7 and 8 or under section 334, subsections 3 and 4, a person may not discharge any treated sewage, gray water or