| I was very curious after reading your note regarding the $500.00 fine
for an infraction of a regulation regarding the y - valve.
I called the Coast Guard in Wash. D.C. and asked them for the law,
rules, regulations, etc. and the answer I received was absolutely
off the wall. After I explained the situation as related in your note
re: the trawler from Fla. to Me. , stopped and then fined. The response
was "there is no specific law, it was an interpretation of the law by
the officer in charge". Attempting to pursue this further was to no
avail as I could not get a specific rule or regulation to be used for
the interpretation. He also said that wiring or taping was alright
yet the article stated that it wasn't, it needed to be bolted or
locked.
One can only speculate that possibly because this boat was coming from
Fla. and probably being tracked every nautical mile, a decision was made
to board her looking for drugs. Finding none, they decided to turn to
other more mundane issues like y-valves in order to justify their
reason for boarding the vessel.
It is scary to think your wallet can be lightened on an interpretation
or a whim, take your pick.
|
| RE: .0
----------
From: W.Ashforth/[email protected]
To: m/[email protected]
Cc: MWeber
Subject: Latest regulations
Date: Monday, March 27, 1995 11:54AM
CAPT Williams;
This message came to me via our Internet server in Washington. I have
included the author's complete address in the copy line. Could you refer his
question to the appropriate person on your Marine Safety staff? Thanks.
- CAPT Bill Ashforth
-----------------------------------------------------------------------------
****** FORWARDED MESSAGE ******
Date: Mar 24, 1995 11:41 AM Message ID: 00002F72F6B3
From: [email protected]/cgsmtp
To: '!USCG-D1' <dt/[email protected]>
Copies:
Blind CC:
Attach:
Subject: Latest regulations
AutoFwd: -> W.Ashforth/d1d ->
Several of us here within DEC are trying to understand just what are the
latest regulations concerning discharge of human waste along the Mass. & NE
coast. Certainly waste can't be discharged at all within the 3 mile line as
we understand. What about the 12 mile line (12 miles offshore)? What are the
latest regulations on waste discharge?
Sincerely,
Michael Weber
Digital Equipment Corp.
----------
From: R.Hazelton/[email protected]
To: MWeber
Subject: Latest Regulations
Date: Monday, April 03, 1995 12:00AM
Mr. Weber...
Your E-mail found its way around the Net to me, and I think I have your
answers.
The short answer is that untreated sewage cannot be discharged overboard from
any vessel within the Territorial Sea, which is generally defined as within 3
miles from shore. There are some exceptions to the 3 mile rule, such as Cape
Cod Bay, which is entirely within the Territorial Sea, but that is the
general rule. There really is no "12 mile line" regarding sewage discharges.
The long answer is:
The law really hasn't changed since at least 1977. The Federal Water
Pollution Control Act, and regulations in Title 33 of the Code of Federal
Regulations, Part 159 (33 CFR 159.7), specifically require all vessels with
installed toilets to have an installed, operable, USCG certified Type I, II
or III Marine Sanitation Device when operating within the Territorial Sea.
What does that mean, you ask?
Types I and II MSDs are treatment systems, like "Lectra-San," that treat the
waste and discharge it overboard. Overboard is legal except in "no-discharge
zones," which are few in number but growing. As we speak there are only 3 in
New England: all the waters of Wareham (in Buzzards Bay), Nantucket Harbor,
and Block Island (both harbors). EPA grants the "no discharge zone" status,
and only does so if certain criteria are met including availability of
pump-out facilities. Type I and II MSDs must bear a permanently mounted
label identifying the manufacturer and USCG approval number, or they will be
considered to be not approved.
Type III MSDs are holding tanks, and are approved in regulation and need no
approval number or label (mine is a 25 gallon poly tank I bought). Any
Y-valves must be kept in the closed position when you're operating within the
Territorial Seas, so as to keep the contents of the tank on board. When you
go "outside" it's legal to pump the tank overboard, or line up the toilet so
it discharges directly overboard, although whenever possible I would still
encourage you to get pumped out ashore. I have my boat (a 28" sailboat)
configured with a Y-valve behind the toilet to discharge either directly
overboard or into the holding tank, depending where we are. The tank,
though, only discharges up on deck so I can only pump ashore and can't be
tempted to pump it overboard no matter where we are.
While we're on the subject of pollution, I'll mention it's also illegal to
discharge any trash of any kind overboard within 3 miles of land. That
includes not only plastic, but anything, including wood, paper or cigarette
butts. From 3-12 miles there are allowances for trash that apply more to
ships than boats. It's illegal to discharge any plastic overboard from a
U.S. vessel anywhere in the world. And, all vessels over 26' have to
prominently display a placard that describes the garbage regs. You can buy
them at BOAT/US, West Marine, or any marine supply store, or you can call me
at (617) 223-8441 and I'll mail you one.
I would also encourage you, if you don't already, to get a Coast Guard
Auxiliary Courtesy Marine Exam, and get yourself a CME sticker. It's a free
exam with no legal consequences if they find something wrong, and it's a
great way to ensure your boat meets all the safety regs.
I hope this answers all your questions. If not, feel free to ask away. I
hope you have a safe, fun and "green" boating season!
...LCDR Bob Hazelton
|