Illegally Discharging Waste in FL

[Therapy]

Originally Posted by Steve W

I was checked for the first time in 16 years by the Florida Marine Patrol on the St. Johns River while anchored out this weekend. They were checking MSD's, asked if I was a liveaboard (no) and then my home marina. Asked if I had my Y-valve locked and how it was locked. I use zip ties on the Y-valve and the overboard discharge thru-hulls, which they said was fine. They took my word for it, never came aboard and were very professional and friendly. They put several fenders out and asked if they could come alongside. I had seen them checking other boats for years, so I guess Saturday was my turn. I'm glad I met them and appreciate the job they do.

That is good to hear because from what I know Marine Patrol cannot board unless they have either permission or probable cause. Only the USCG can board for no reason.

There was a long thread about this a couple of years ago but I am not sure if it was a drift from another or started on the subject.

Sorry for the drift.

[Blue Crab]

Originally Posted by Richard_W

... Either you have to assume it has a (virtual) Y-valve /QUOTE] A virtual Y-valve? Sounds like something I don't want to know.

Hope this explains ... kind of hard to be concise and clear at the same time ...

No no no: those two work together.

Originally Posted by Therapy

That is good to hear because from what I know Marine Patrol cannot board unless they have either permission or probable cause. Only the USCG can board for no reason.

Wonder why the CG isn't bound by the 4th Amendment (for US readers)?


Sorry for the drift.

[Richard_W]

Sure ... like form and function lost in mashed up quotes ...

[wsmurdoch]

Here's the law. Y-valve is not in it. (I don't have a y-valve either.)

Depending on where you are (in US waters) and whether you have a Type I, II, or III device, you have number of named acceptable methods of securing it (and there may be others).

Title 33: Navigation and Navigable Waters
PART 159—MARINE SANITATION DEVICES
Subpart A—General
§ 159.7 Requirements for vessel operators.

(a) No person may operate any vessel equipped with installed toilet facilities unless it is equipped with:
(1) An operable Type II or III device that has a label on it under § 159.16 or that is certified under § 159.12 or § 159.12a; or
(2) An operable Type I device that has a label on it under § 159.16 or that is certified under § 159.12, if the vessel is 19.7 meters (65 feet) or less in length.
(b) When operating a vessel on a body of water where the discharge of treated or untreated sewage is prohibited by the Environmental Protection Agency under 40 CFR 140.3 or 140.4, the operator must secure each Type I or Type II device in a manner which prevents discharge of treated or untreated sewage. Acceptable methods of securing the device include—
(1) Closing the seacock and removing the handle;
(2) Padlocking the seacock in the closed position;
(3) Using a non-releasable wire-tie to hold the seacock in the closed position; or
(4) Locking the door to the space enclosing the toilets with a padlock or door handle key lock.
(c) When operating a vessel on a body of water where the discharge of untreated sewage is prohibited by the Environmental Protection Agency under 40 CFR 140.3, the operator must secure each Type III device in a manner which prevents discharge of sewage. Acceptable methods of securing the device include—
(1) Closing each valve leading to an overboard discharge and removing the handle;
(2) Padlocking each valve leading to an overboard discharge in the closed position; or
(3) Using a non-releasable wire-tie to hold each valve leading to an overboard discharge in the closed position.