Date: 201403
Local time of day: 1201-1800
Location: ZZZ.Airport, US
Aircraft: EMB ERJ 170/175 ER/LR
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Parked
Aircraft component: Waste Water Disposal System
Component problem: Malfunctioning
Reporter organization: Air Carrier
Reporter function: Captain
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Human factors: Other / Unknown
Anomaly: Aircraft Equipment Problem Less Severe; Deviation / Discrepancy - Procedural Other / Unknown; Flight Deck / Cabin / Aircraft Event Smoke / Fire / Fumes / Odor
Detector: Person Maintenance; Person Flight Crew
When detected: Aircraft In Service At Gate
Result: General Release Refused / Aircraft Not Accepted
Contributing factors: Human Factors; Aircraft; Company Policy
Primary problem: Aircraft

Narrative: Scheduling reassigned me to fly an aircraft on a ferry flight because the lavatory waste holding tank was broken and had leaked into the belly of the aircraft. Upon reaching the gate the aircraft was parked at; and as soon as opening the jet bridge door I could smell the noxious smell of sewage coming from the aircraft. They had opened all 4 doors to try to air out the aircraft and even with the doors open the smell was overpowering and making myself and the First Officer sick to our stomachs. I do not think I could have completed the flight without vomiting. I proceeded to walk around the aircraft outside with the First Officer to get some fresh air; and to be involved with the preflight; as the First Officer was very new and had not run into a situation like this before. As we walked around the aircraft we noticed a large amount of fluid leaking from the belly of the aircraft. Further inspection reveled that it was sewage from the holding tank. Maintenance stated that; 'The D.O. said as long as the majority of the fluid was cleaned from the belly of the aircraft that it was safe to fly'. I could see that there was still a large amount of fluid draining from the belly of the aircraft and they had made no attempt to clean any of the fluids out. The lavatory service lady came to empty the tank and stated; 'No fluid came out at all when she attempted to drain it'. That said to me the entire tank had emptied into the belly of the aircraft. I could tell at this point that the D.O.'s Instructions had not been complied with; and that I did not feel the aircraft was safe to fly because of that; and I was not going to fly an aircraft that had a fluid the manufacture intended to be contained; and had large quantity's leaking out of the belly. I was also concerned with the health hazards that could be involved with flying an aircraft with sewage leaking in its belly. I contacted Maintenance and Dispatch multiple times to try to gain more information about whether the aircraft had been serviced properly to fly safely. I decided the aircraft was not safe to fly. I also decided that I could not operate that aircraft safely being at the controls without getting ill and most likely vomiting. I contacted management and a member of management suggested that I use the oxygen mask to fly the aircraft. I was not going to use a piece of emergency equipment just to fly an aircraft somewhere. I didn't see how that was safe in any way. I again contacted Maintenance and Dispatch multiple times to tell them I was not going to fly that aircraft in its current condition; multiple people told me that; it was safe to fly; and I had to fly it. I had four (4) people not even present at the aircraft telling me that it was safe to fly and I had to fly it! I again contacted Maintenance; Scheduling and Dispatch and told them I would not fly this aircraft; that I was PIC and I had the final authority as to if an aircraft was safe to fly and if I would be able to operate it safely. I was told that they were contacting 'upper management' to see what to do with me and if whomever they were trying to contact; would also tell me I had to fly that aircraft. I repeatedly asked them to assign me other flying as I would not fly that aircraft. After sitting for about one hour and thirty minuets I contacted Scheduling again and asked them to assign me other flying or to release me. I was released and found my own way home. The company should not try to override the PIC's authority to determine if and aircraft is safe to fly or not.




Synopsis: EMB175 Captain reports being assigned to ferry an aircraft with a ruptured waste holding tank. The entire contents of the tank were found to have leaked into the belly of the aircraft and the aircraft is refused.