Vessel Sanitation

Division 3, Chapter 6 of the Harbors and Navigation Code deals with vessel sanitation. Section 775 contains three legislative findings and declarations, as well as a statement of legislative intent that every vessel with a toilet shall comply with federal standards for marine sanitation devices.

Section 775.6 provides definitions for the following terms: “vessel terminal,” “marine sanitation device,” “promulgation date,” “sewage,” “vessel,” “state board,” “regional board,” “waters of this state,” “department,” “no-discharge area,” “discharge,” and “secured.”

Section 776 requires every vessel terminal, as required by the regional board for the protection of the quality of the waters of this state, to be equipped with vessel pumpout facilities for the transfer and disposal of sewage from marine sanitation devices. In imposing this requirement, the regional board is required to take into account specified items. This section does not apply to three types of facilities. And, any violation of this section is a misdemeanor.

Section 777 provides that vessel pumpout facilities for the transfer and disposal of sewage from marine sanitation devices, floating restrooms, and onshore toilets must be operated and maintained in a manner that will prevent the discharge of any sewage to the waters of the state and must be maintained in good working order and regularly cleaned.

Section 778 requires the state board to adopt standards for the location, construction, operation, and maintenance of vessel pumpout facilities.

Section 779 requires every peace officer of the state and of any city, county, or other public agency, all state and local public health officers, and all boating law enforcement officers to enforce this chapter and any regulations adopted pursuant to this chapter.

Section 780 prohibits a person from disconnecting, bypassing, or operating a marine sanitation device so as to discharge sewage into the waters of this state, unless the particular discharge is expressly authorized or permitted pursuant to state or federal law or regulations. A violation of this subdivision is a misdemeanor. Two specified prohibitions apply in no-discharge areas.

Section 781 requires the Attorney General, at the request of the department, the state board, any regional board, or any aggrieved person, to petition the superior court for injunctive relief to secure compliance with this chapter.

Section 782 specifies that nothing in this chapter precludes or restricts a city, county, or other public agency from adopting rules and regulations with respect to the discharge of sewage from vessels. Also, state and local peace officers may enforce state laws relating to marine sanitation devices and may inspect vessels if there is reasonable cause to suspect noncompliance with those laws.

Section 784 allows the state board and any regional board to regulate nonsewage discharges excepting vessel washdown water, liquid galley, shower, or bath waste, or water discharges necessary for the propulsion or stability of a vessel.

Section 786 states that any loan, lease or concession contract entered into is subject to the express condition that the borrower comply with all applicable requirements of this chapter. Any loan made for a project or a recreational marina that is required to provide vessel pumpout facilities is subject to five specified express conditions.

In addition, any lessee or concessionaire that is required to provide vessel pumpout facilities, is required through the lease or concession contract to comply with requirements that are not less restrictive than the requirements imposed by specified provisions of law.