N.Y. Environmental Conservation Law § 17-1745: Sewage from vessels

§ 17-1745. Sewage from vessels.

1. Definitions. (a) "Dump station" means any facility designed to

receive sewage from any portable toilet carried on any vessel.

(b) "Marine holding tank" means any container aboard any vessel that

is designed and used for the purpose of collecting and storing treated

or untreated sewage from marine toilets.

(c) "Marine toilet" means any toilet on or within any vessel, except

those that have been permanently sealed and made inoperative.

(d) "Commercial marina" means any installation that is owned by any

party other than the state or any of its political subdivisions and

which provides services to the public for more than twenty vessels for a

fee.

(e) "Private marina" means any installation that is owned by any party

other than the state or any of its political subdivisions and which

serves more than twenty vessels or transient slips for a fee.

(f) "Public marina" means any installation that is owned by the state

or any of its political subdivisions and which serves more than twenty

vessels with or without charge, but shall not include quick launches or

launching ramps intended for trailered vessels.

(g) "Pumpout facility" means any device, portable or permanent,

capable of removing sewage from a marine holding tank.

(h) "Sewage" means all human body wastes and gray water.

(i) "Vessel" shall have the same meaning as in subdivision six of

section two of the navigation law.

(j) "Gray water" shall have the same meaning as in subdivision

twenty-nine of section two of the navigation law.

2. Notice of pumpout facilities and dump stations required. Every

commercial marina, public marina and private marina shall post a sign of

not less than eighteen inches by twenty-four inches in a conspicuous

location clearly stating the location of a pumpout facility and dump

station located at such marina or if no pumpout facility or dump station

is located at such marina stating the location of and distance to the

nearest pumpout facility and dump station.

3. The commissioner shall promulgate rules and regulations to

establish and maintain the Hudson River as a "no discharge zone"

pursuant to the federal clean water act and associated programs

administered by the federal environmental protection agency.

4. Pumpout facilities and dump stations required on the Hudson River.

The commissioner shall require that marinas located on the navigable

waters of the Hudson River shall provide pumpout facilities and dump

stations for the transfer and disposal of sewage and gray water from

marine holding tanks and portable toilets in accordance with the

requirements contained in subdivision three of this section.

(a) The commissioner shall authorize a grant from funds made available

in accordance with the clean vessel act of 1992 for the purchase and

installation of pumpout facilities and dump stations at public marinas

in accordance with the New York state clean vessel act plan.

(b) The commissioner shall authorize a grant from funds made available

in accordance with the clean vessel act of 1992 for the purchase and

installation of a pumpout facility and dump station at a commercial

marina, provided the owner or operator of such commercial marina agrees

to maintain the pumpout facility and dump station at no charge to the

state and provides pumpout and dump station services to the public at a

charge to be established by the commissioner in accordance with federal

guidelines as required by the clean water act.

(c) Nothing in this subdivision shall restrict the use of any public

funding source for the purchase and installation of a pumpout facility

and dump station at any public or commercial marina.

5. Public information and registry. (a) The commissioner, in

consultation with the department of motor vehicles, the department of

state, and the office of parks, recreation and historic preservation,

shall cause to be prepared periodic and timely informational material

for distribution regarding the environmental purposes of utilizing

pumpout facilities and dump stations including the location thereof on

the navigable waters of the Hudson River, the importance of proper

maintenance of vessel sanitation equipment, and information regarding

fines and penalties for the illegal discharge of sewage and litter from

vessels. The department of motor vehicles and the office of parks,

recreation and historic preservation shall assist in the distribution of

such informational material in the course of ordinary business.

(b) The commissioner, in consultation with the department of motor

vehicles, the department of state, and the office of parks, recreation

and historic preservation, shall create a registry and maintain records,

updated annually, of all public, private and commercial marinas that

identify which marinas have pumpout facilities and dump stations. The

commissioner shall, upon written request, provide such information to

any interested party.

6. Penalties. Failure to comply with the provisions of this section

shall result in fines of two hundred fifty dollars per day for each

violation.