Sec. 1. 12 MRSA §7806 is enacted to read:

§7806.__Inspection of commercial inland vessels

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Commercial vessel" means any vessel operating on inland waters that:

(1)__Carries 10 or more passengers for a fee, is rented to others by a business enterprise or is used in the normal course of business operations; and

(2)__Carries more than 50 gallons of toxic fluids or provides on-board toilet facilities.

B.__"Toxic fluid" means any liquid that will or may potentially cause harm to aquatic plant and animal life if released into a water body.__This includes sewage, effluent, oil, petroleum products or by-products, gasoline, diesel fuel, hydraulic fluid, industrial solvents and other chemical solutions.

2.__Annual inspection requirements.__All commercial vessels must be inspected annually by a qualified, impartial inspector designated by the commissioner.__The commissioner may designate the inland water harbor master as set forth in section 7803 as the inspector under this section.__The inspections must be designed__to determine that the vessel is safe and structurally sound, that all operating systems are in good functioning order and that all systems containing toxic fluids are sufficiently maintained to minimize the possibility of a leak or spill occurring.__The inspections must be performed annually, but more frequent inspections may be required if considered necessary by the commissioner.

3.__Holding tank regulations.__All commercial vessel holding tank discharge openings and pumping hatches must be sealed prior to operation on any inland body of water.__The openings may be unsealed only for pumping or maintenance operations.

4.__Inspection fees.__Fees for inspections are as follows:

A.__Vessels 30 feet and under, $100;

B.__Vessels 31 to 40 feet, $150;