§ 27-101-411 - Marine sewage discharge prohibitions -- Marine sanitation device requirements.
27-101-411. Marine sewage discharge prohibitions -- Marine sanitation device requirements.
(a) (1) Except to the extent permitted by federal law and in order to protect the health and safety of persons using the waters of this state, it is unlawful for any person to operate or use a vessel capable of discharging untreated sewage from a vessel into the waters of this state.
(2) Raw sewage shall not be discharged from any vessel into waters of this state.
(b) (1) On waters of this state, vessels that have toilet facilities permanently installed shall be equipped with a United States Coast Guard-certified Marine Sanitation Device designed to receive, retain, treat, or discharge sewage in accordance with applicable federal requirements.
(2) This section applies only to vessels equipped with permanently installed toilet facilities and does not require the installation of this type of facility in vessels not already so equipped.
(3) The use of portable toilets that can be emptied ashore in regular sewage treatment systems is entirely within the spirit and letter of this section and is encouraged.
(c) (1) All waste from Type III Marine Sanitation Devices shall be disposed in approved sewage pumpout facilities.
(2) All waste from portable toilets shall be disposed in approved waste reception or sewage pumpout facilities.
(d) (1) Except to the extent permitted by federal law, it shall be unlawful for any person to discharge any treated or untreated sewage into any waters of this state lawfully designated as no discharge.
(2) A no discharge designation shall be based on the criteria established by the United States Environmental Protection Agency for determining no discharge waters regarding marine sanitation devices and shall include federal impoundments owned or managed by the United States Army Corps of Engineers.
(3) Any such discharge of sewage from a vessel shall be prima facie evidence that the discharge was done by the operator, or owner if the operator cannot be determined, of the vessel.
(4) A no discharge Type III Marine Sanitation Device or a Type I or II Marine Sanitation Device secured against discharge is required in vessels operated on no discharge waters.
(5) A vessel equipped with a flow-through Type I or II Marine Sanitation Device that has been secured by a locked shut-off valve, broken line, or blanked-off hull opening to prevent overboard discharge shall be considered equipped with a no discharge type Marine Sanitation Device.