N.Y. NAV Law § 33-E — New York Code / Act NAV / Article 3 / Section 33-E
Marine sanitation devices aboard vessels in vessel waste no-discharge zones
Status: in_force

§ 33-e. Marine sanitation devices aboard vessels in vessel waste\nno-discharge zones. 1. Any waters of the state of which the commissioner\nhas received an affirmative determination regarding the adequate\navailability of marine sanitation device pump-out or dump station\nfacilities pursuant to the Federal Clean Water Act, are hereby\ndesignated as vessel waste no-discharge zones.\n  2. It shall be unlawful for any operator or person in control of a\nvessel being operated upon any waters of the state designated as vessel\nwaste no-discharge zones to discharge sewage from marine toilets into\nsuch waters. Any marine sanitation device on board any vessel being\noperated in such waters must be secured to prevent any marine sanitation\ndevice discharges to such waters. In accordance with federal\nrequirements, any marine sanitation device aboard any vessel being\noperated upon any waters within such vessel waste no-discharge zone\nshall be secured by closing the seacock and padlocking, using a\nnon-releasable wire-tie, removing the seacock handle or locking the door\nto the "head" while such vessel is being operated upon waters within\nvessel waste no-discharge zones. If a marine sanitation device on any\nsuch vessel provides a means of discharging sewage directly to such\nwaters, the discharge valve must be secured in a readily visible manner\nand closed position while the vessel is being operated upon such waters.\n  Use of a padlock, heavy non-resealable tape, wire-tie, or the removal\nof the valve handle are adequate methods of securing the device.  The\nmethod chosen shall be one that presents a physical barrier to the use\nof the valve. It is unlawful for any person operating or in control of a\nvessel with a marine sanitation device on board to operate or control\nsuch vessel in a vessel waste no-discharge zone when the marine\nsanitation device is not secured in the manner described herein.\n  3. The provisions of subdivision two of this section, requiring that\nmarine sanitation devices be rendered inoperable, shall not apply while\nthe wastes from the marine sanitation device are being lawfully disposed\nof in an approved marine sanitation device pump-out or dump station\nlocated within a vessel waste no-discharge zone.\n  4. Any vessel being operated upon waters of the state that have been\ndesignated as vessel waste no-discharge zones may be boarded and\ninspected by the department or health department or any lawfully\ndesignated agents or inspectors thereof, acting pursuant to their\nspecial duties in accordance with subdivision nine of section\nthirty-three-c of this article for the purpose of determining whether\nsuch vessel is being operated in compliance with this section.\n  5. Failure to comply with the provisions of this section shall be a\nviolation punishable by a fine not to exceed five hundred dollars.  Any\nsubsequent failure by the same operator or person in control of a vessel\nto comply with the provisions of this section shall be a violation\npunishable by a fine not to exceed one thousand dollars.\n