§ 46-12-39.1 - No discharge certificate decal – Required.
SECTION 46-12-39.1
§ 46-12-39.1 No discharge certificatedecal – Required. – (a) Definitions. As used in this section and in conjunction with thischapter, the following terms shall be construed as follows:
(1) "Certification agent" means a marina or boatyard which iscapable of installing sewage disposal holding tanks and related equipment; acertified marine sewage pump-out facility, including a mobile facility; otherestablished marine businesses, included, but not limited to, marine surveyorsand mobile marine repair facilities, that are experienced in the evaluation,repair and/or installation of boat sewage systems; and local harbor masters andassistant harbor masters.
(b) No person shall operate or moor for more than thirty (30)days, a boat in the waters of the state, that has a permanently installedmarine toilet unless such boat displays in a prominent position an approved "nodischarge certificate decal."
(c) Subsection 45-12-39.1(b) shall not apply to any vesselcarrying a valid certificate of inspection issued by the U.S. Coast Guardpursuant to title 46 of the U.S. Code.
(d) Two (2) no discharge certificate decals, differing incolor, shall be made available by the department of environmental managementfor issuance to boats subject to the requirements of this section.
(1) Decals of one color shall signify that the recipient boathas a marine toilet, in proper working order, which is either a marinesanitation device-type I, a marine sanitation device-type II, or a marinesanitation device-type III with a holding tank and through-hull fitting thatwould allow sewage to be discharged overboard, but the boat owner or operatorhad taken the steps necessary to prevent the discharge of sewage into thewaters of the state.
(2) Decals of the other color shall signify that therecipient boat either has a marine sanitation device-type III with a holdingtank and no through-hull fitting that would allow sewage to be dischargedoverboard, or no marine toilet at all.
(e) Certification shall remain in effect for forty-eight (48)months after each certification, and no additional certification shall berequired during that period.
(f) The department of environmental management shall collectand deposit into a separate general revenue account a fee of ten dollars($10.00) for each certificate to defray the cost of implementation of thissection.
(g) Certificate decals may be obtained from any certificationagent.
(h) Before a certificate decal may be issued, a certificationagent must visually inspect each permanently installed marine toilet on a boat,as well as any associated plumbing or holding tank fixtures, to ascertainwhether the boat is in compliance with § 46-12-39. If necessary, thecertification agent shall perform a color-dye flush test of each toilet toverify compliance.
(i) For inspections conducted pursuant to this section,certification agents may collect and retain a fee, not to exceed twenty-fivedollars ($25.00) for each permanently installed marine toilet aboard each boat.This fee shall be in addition to the minimum ten dollar ($10.00) fee for eachdecal issued, which certification agents shall collect and forward to thedepartment of environmental management pursuant to subsection (f) above.