Section 69-10-102. Sewage Disposal.

 

   (a) Any person, firm, corporation or business entity operating a commercial boating facility, dock or marina which stores or houses vessels equipped with a toilet and sewage collection tank, or when such facilities are operating on waters in this state, shall provide facilities for the sanitary pumping and disposal of sewage from such collection tanks.

   (b) The sewage disposal facilities provided for in subsection (a) shall comply with the requirements of title 68 and this title, and are subject to any other regulation of the department of environment and conservation for the disposal of raw sewage.

   (c) For the purposes of § 69-10-219(a) each day on which a person, firm, corporation or entity operating such commercial boating facility, dock or marina does not comply with the provisions of subsection (a) constitutes a separate offense.

   (d) A person, firm, corporation or business entity operating a commercial boating facility, dock or marina as provided in subsection (a) is exempt from the requirements of this section if such operator has entered into a valid agreement for the disposal of its raw sewage with another local boating facility, dock or marina.  This exemption shall apply only where such other facility meets each of the requirements provided in this section for the sanitary pumping and disposal of raw sewage.

 

 

Section 69-10-216. Prohibited acts.

 

Part:

   (g)  Except to the extent permitted by federal law and in order to protect the health and safety of persons using the waters of the state, it is unlawful for any  person to operate or use a vessel capable of discharging untreated sewage from such vessel into the waters of this state. It is also unlawful to discharge any treated or untreated sewage into any waters of the state lawfully designated as "no discharge." Such designation shall be based on the criteria as established by the United States environmental protection agency for determining discharge/no discharge waters regarding marine sanitation devices. 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 such vessel; further, where such discharges are allowed under the federal Clean Water Act and its implementing regulations, United States coast guard approved Type I and Type II marine sanitation devices are the only acceptable discharge treatment devices that may be used on the waters of this state, except that only Type II discharge devices may be used on vessels over sixty-five feet (65') in length unless otherwise provided by rule or regulation. The agency may establish by rule and regulation a system of inspection for compliance to be conducted by a properly trained, qualified and bonded private individual. This system shall in no way affect inspections as permitted under § 69-10-220.

Compiler's Notes. The Federal Clean Water Act, referred to in (g), is compiled in 33 U.S.C. § 1251         et seq.

 

Sewage disposal, § 69-10-102.