N.Y. Navigation Law § 33-e: Marine sanitation devices aboard vessels in vessel waste no-discharge zones

§ 33-e. Marine sanitation devices aboard vessels in vessel waste

no-discharge zones. 1. Any waters of the state of which the commissioner

has received an affirmative determination regarding the adequate

availability of marine sanitation device pump-out or dump station

facilities pursuant to the Federal Clean Water Act, are hereby

designated as vessel waste no-discharge zones.

2. It shall be unlawful for any operator or person in control of a

vessel being operated upon any waters of the state designated as vessel

waste no-discharge zones to discharge sewage from marine toilets into

such waters. Any marine sanitation device on board any vessel being

operated in such waters must be secured to prevent any marine sanitation

device discharges to such waters. In accordance with federal

requirements, any marine sanitation device aboard any vessel being

operated upon any waters within such vessel waste no-discharge zone

shall be secured by closing the seacock and padlocking, using a

non-releasable wire-tie, removing the seacock handle or locking the door

to the "head" while such vessel is being operated upon waters within

vessel waste no-discharge zones. If a marine sanitation device on any

such vessel provides a means of discharging sewage directly to such

waters, the discharge valve must be secured in a readily visible manner

and closed position while the vessel is being operated upon such waters.

Use of a padlock, heavy non-resealable tape, wire-tie, or the removal

of the valve handle are adequate methods of securing the device. The

method chosen shall be one that presents a physical barrier to the use

of the valve. It is unlawful for any person operating or in control of a

vessel with a marine sanitation device on board to operate or control

such vessel in a vessel waste no-discharge zone when the marine

sanitation device is not secured in the manner described herein.

3. The provisions of subdivision two of this section, requiring that

marine sanitation devices be rendered inoperable, shall not apply while

the wastes from the marine sanitation device are being lawfully disposed

of in an approved marine sanitation device pump-out or dump station

located within a vessel waste no-discharge zone.

4. Any vessel being operated upon waters of the state that have been

designated as vessel waste no-discharge zones may be boarded and

inspected by the department or health department or any lawfully

designated agents or inspectors thereof, acting pursuant to their

special duties in accordance with subdivision nine of section

thirty-three-c of this article for the purpose of determining whether

such vessel is being operated in compliance with this section.

5. Failure to comply with the provisions of this section shall be a

violation punishable by a fine not to exceed five hundred dollars. Any

subsequent failure by the same operator or person in control of a vessel

to comply with the provisions of this section shall be a violation

punishable by a fine not to exceed one thousand dollars.