NY Env Conserv L § 17-1745 (2021)
2021 New York Laws ENV - Environmental Conservation Article 17 - Water Pollution Control Title 17 - Discharge of Sewage Into Waters 17-1745 - Sewage From Vessels.

§ 17-1745. Sewage from vessels.   1.  Definitions.  (a)  "Dump  station"  means any facility designed to receive sewage from any portable toilet carried on any vessel.  (b) "Marine holding tank" means any container aboard any  vessel  that is  designed  and used for the purpose of collecting and storing treated or untreated sewage from marine toilets.  (c) "Marine toilet" means any toilet on or within any  vessel,  except those that have been permanently sealed and made inoperative.  (d)  "Commercial  marina"  means any installation that is owned by any party other than the state or any  of  its  political  subdivisions  and which provides services to the public for more than twenty vessels for a fee.  (e) "Private marina" means any installation that is owned by any party other  than  the  state  or  any of its political subdivisions and which serves more than twenty vessels or transient slips for a fee.  (f) "Public marina" means any installation that is owned by the  state or  any  of its political subdivisions and which serves more than twenty vessels with or without charge, but shall not include quick launches  or launching ramps intended for trailered vessels.  (g)  "Pumpout  facility"  means  any  device,  portable  or permanent, capable of removing sewage from a marine holding tank.  (h) "Sewage" means all human body wastes and gray water.  (i) "Vessel" shall have the same meaning  as  in  subdivision  six  of section two of the navigation law.  (j)  "Gray  water"  shall  have  the  same  meaning  as in subdivision twenty-nine of section two of the navigation law.   2. Notice of pumpout facilities  and  dump  stations  required.  Every commercial marina, public marina and private marina shall post a sign of not  less  than  eighteen  inches by twenty-four inches in a conspicuous location clearly stating the location of a  pumpout  facility  and  dump station located at such marina or if no pumpout facility or dump station is  located  at  such marina stating the location of and distance to the nearest pumpout facility and dump station.   3.  The  commissioner  shall  promulgate  rules  and  regulations   to establish  and  maintain  the  Hudson  River  as  a  "no discharge zone" pursuant  to  the  federal  clean  water  act  and  associated  programs administered by the federal environmental protection agency.   4.  Pumpout facilities and dump stations required on the Hudson River. The commissioner shall require that marinas  located  on  the  navigable waters  of  the  Hudson  River shall provide pumpout facilities and dump stations for the transfer and disposal of sewage  and  gray  water  from marine  holding  tanks  and  portable  toilets  in  accordance  with the requirements contained in subdivision three of this section.  (a) The commissioner shall authorize a grant from funds made available in accordance with the clean vessel act of 1992  for  the  purchase  and installation  of  pumpout facilities and dump stations at public marinas in accordance with the New York state clean vessel act plan.  (b) The commissioner shall authorize a grant from funds made available in accordance with the clean vessel act of 1992  for  the  purchase  and installation  of  a  pumpout  facility  and dump station at a commercial marina, provided the owner or operator of such commercial marina  agrees to  maintain  the  pumpout facility and dump station at no charge to the state and provides pumpout and dump station services to the public at  a charge  to be established by the commissioner in accordance with federal guidelines as required by the clean water act.  (c) Nothing in this subdivision shall restrict the use of  any  public funding  source  for the purchase and installation of a pumpout facility and dump station at any public or commercial marina.    5.  Public  information  and  registry.  (a)  The   commissioner,   in consultation  with  the  department of motor vehicles, the department of state, and the office of parks, recreation  and  historic  preservation, shall  cause  to  be prepared periodic and timely informational material for  distribution  regarding  the  environmental  purposes  of utilizing pumpout facilities and dump stations including the location  thereof  on the  navigable  waters  of  the  Hudson  River, the importance of proper maintenance of vessel sanitation equipment,  and  information  regarding fines  and penalties for the illegal discharge of sewage and litter from vessels. The department of motor  vehicles  and  the  office  of  parks, recreation and historic preservation shall assist in the distribution of such informational material in the course of ordinary business.  (b)  The  commissioner,  in  consultation with the department of motor vehicles, the department of state, and the office of  parks,  recreation and historic preservation, shall create a registry and maintain records, updated  annually,  of  all  public, private and commercial marinas that identify which marinas have pumpout facilities and  dump  stations.  The commissioner  shall,  upon  written request, provide such information to any interested party.   6. Penalties. Failure to comply with the provisions  of  this  section shall  result  in  fines  of  two hundred fifty dollars per day for each violation.