§ 33-e. Marine sanitation devices aboard vessels in vessel waste
no-discharge zones. 1. Any waters of the state of which the commissioner
has received an affirmative determination regarding the adequate
availability of marine sanitation device pump-out or dump station
facilities pursuant to the Federal Clean Water Act, are hereby
designated as vessel waste no-discharge zones.

2. It shall be unlawful for any operator or person in control of a
vessel being operated upon any waters of the state designated as vessel
waste no-discharge zones to discharge sewage from marine toilets into
such waters. Any marine sanitation device on board any vessel being
operated in such waters must be secured to prevent any marine sanitation
device discharges to such waters. In accordance with federal
requirements, any marine sanitation device aboard any vessel being
operated upon any waters within such vessel waste no-discharge zone
shall be secured by closing the seacock and padlocking, using a
non-releasable wire-tie, removing the seacock handle or locking the door
to the "head" while such vessel is being operated upon waters within
vessel waste no-discharge zones. If a marine sanitation device on any
such vessel provides a means of discharging sewage directly to such
waters, the discharge valve must be secured in a readily visible manner
and closed position while the vessel is being operated upon such waters.

Use of a padlock, heavy non-resealable tape, wire-tie, or the removal
of the valve handle are adequate methods of securing the device. The
method chosen shall be one that presents a physical barrier to the use
of the valve. It is unlawful for any person operating or in control of a
vessel with a marine sanitation device on board to operate or control
such vessel in a vessel waste no-discharge zone when the marine
sanitation device is not secured in the manner described herein.

3. The provisions of subdivision two of this section, requiring that
marine sanitation devices be rendered inoperable, shall not apply while
the wastes from the marine sanitation device are being lawfully disposed
of in an approved marine sanitation device pump-out or dump station
located within a vessel waste no-discharge zone.

4. Any vessel being operated upon waters of the state that have been
designated as vessel waste no-discharge zones may be boarded and
inspected by the department or health department or any lawfully
designated agents or inspectors thereof, acting pursuant to their
special duties in accordance with subdivision nine of section
thirty-three-c of this article for the purpose of determining whether
such vessel is being operated in compliance with this section.

5. Failure to comply with the provisions of this section shall be a
violation punishable by a fine not to exceed five hundred dollars. Any
subsequent failure by the same operator or person in control of a vessel
to comply with the provisions of this section shall be a violation
punishable by a fine not to exceed one thousand dollars.