306.300. Definitions--marine sanitation device required--limitations--civil penalty. - Missouri Statutes

Definitions--marine sanitation device required--limitations--civilpenalty.

306.300. 1. As used in this section, the following terms shall mean:

(1) "Marine sanitation device", any equipment on board a vessel which isdesigned to receive, retain, treat or discharge sewage, and any process totreat sewage on board. Marine sanitation device includes:

(a) Type I marine sanitation device, which produces an effluent having afecal coliform bacteria count of not greater than one thousand per one hundredmilliliters and no visible floating solids;

(b) Type II marine sanitation device, which produces an effluent havinga fecal coliform bacteria count not greater than two hundred per one hundredmilliliters and suspended solids not greater than one hundred fifty milligramsper liter; and

(c) Type III marine sanitation device, which is certified to ano-discharge standard, including recirculating and incinerating marinesanitation devices and holding tanks;

(2) "Sewage", human body wastes, and the wastes from toilets and otherreceptacles intended to retain body waste;

(3) "Vessel", every description of watercraft, other than a seaplane onthe water, used or capable of being used as a means of transportation onwater;

(4) "Y valve", a device capable of diverting the flow of marine sewageso that a vessel's marine sanitation device is bypassed and raw sewage isdischarged directly into the water.

2. The following vessels equipped with an installed toilet shall beequipped with an operable marine sanitation device:

(1) A vessel sixty-five feet in length and under shall have a type I, IIor III marine sanitation device; or

(2) A vessel over sixty-five feet in length shall have a type II or IIImarine sanitation device.

3. (1) A type I or II marine sanitation device shall have acertification label affixed that at a minimum shows:

(a) The name of the manufacturer;

(b) The name and model number of the device;

(c) The month and year of manufacture;

(d) The marine sanitation device type;

(e) A certification number; and

(f) A certification statement;

(2) A type III marine sanitation device is automatically certified andrequires no label, provided it stores sewage and flushwater only at ambientair temperature and pressure.

4. While a vessel with an installed toilet is on Missouri waters, theoperator shall ensure that:

(1) All pathways for overboard discharge of vessel sewage from anyvessel with a type III marine sanitation device are blocked or secured in sucha way as to prevent any accidental or intentional vessel sewage discharge, bydisconnecting or physically blocking the onboard sewage lines or hull fittingswhich would allow for overboard vessel sewage discharge; and

(2) Any installed in-line Y valve shall be secured to prevent theoverboard discharge of sewage from any vessel utilizing a type III marinesanitation device, by bypassing, locking, securing or disabling the valveusing a padlock or nonreusable wire tie wrap, or by removal of the valvehandle, or by any other method in accordance with federal regulations andstandards or as approved or required by the Missouri state water patrol.

5. The chosen compliance method pursuant to subdivision (2) ofsubsection 4 of this section shall totally eliminate the possibility ofoverboard vessel sewage discharge while in waters of the state. The methodchosen shall present a physical barrier to the use of the Y valve, whetheraccidental or intentional, so that use of the valve cannot occur without theknowledge of the operator of the vessel.

6. For any vessel offered as a noncaptained charter, the leasing entityshall:

(1) Ensure that the vessel complies with this section when presented tothe lessor; and

(2) Include the lease agreement, signed by the leasing party, aparagraph outlining the operator's responsibilities pursuant to this section.

7. The provisions of this section shall not apply to any vessel operatedupon the Mississippi River or the Missouri River.

8. A person who violates the provisions of this section is subject to acivil penalty not to exceed two thousand dollars.

(L. 1998 H.B. 1161 § 1)

Effective 6-9-98