Chapter 6Vessel Sanitation
Section § 775
This law emphasizes the importance of regulating marine sanitation devices consistently across California to protect water quality. Boat owners shouldn't have to worry about different local or state rules on the types of sanitation devices used on their vessels. Instead, these devices must follow federal laws, particularly the Federal Water Pollution Control Act. Using these devices correctly is essential for maintaining clean water, and there need to be enough places for boats to pump out waste. The law makes clear that every vessel with a toilet should meet these federal standards.
Section § 775.5
This section provides definitions for terms used in the chapter related to the use of vessels and their impact on water sanitation. 'Vessel terminal' refers to docks where boats can moor. 'Marine sanitation device' is onboard equipment for managing sewage. 'Promulgation date' is when initial federal regulations for these devices were set. 'Sewage' is defined as human waste from toilets. A 'vessel' is any craft used for water transportation, excluding commercial vessels. 'State board' and 'regional board' refer to state water control boards. 'Waters of this state' includes state waters except for areas more than three miles offshore. 'Department' refers to the Department of Boating and Waterways. 'No-discharge area' is water where dumping waste is prohibited. 'Discharge' involves any form of leaking or dumping. 'Secured' means ensuring sanitation devices prevent waste discharge in restricted areas.
Section § 776
California requires vessel terminals, like marinas, to have facilities for pumping out sewage from boats to protect water quality, unless there are enough other facilities nearby. The regional board decides what's needed based on how many and what types of boats use the terminal. New installations must have a meter to track usage.
This rule doesn't apply to small launch ramps, docks by private homes with nearby pumpout stations, or other specific facilities as decided by the board. Breaking this law is a misdemeanor and could result in penalties under a different water-related law.
Section § 777
This law requires vessel pumpout facilities, which are used to move sewage from boats, floating restrooms, and onshore toilets, to be maintained properly to prevent sewage from entering state waters. They must be kept in good condition and cleaned regularly.
Each facility should have a notice with contact information for local officials responsible for enforcement, so violations can be reported.
If someone breaks this law, it's considered a misdemeanor, and there are additional penalties as outlined in another section of the Water Code.
Section § 778
The state board is responsible for creating rules about where and how facilities that pump out waste from boats are built, run, and kept up.
Section § 779
This law requires peace officers, public health officers, and boating law enforcement officers in California to enforce the rules and regulations of a specific legal chapter.
Section § 780
California law says you can't tamper with or use a marine toilet in a way that dumps sewage into state waters unless you have legal permission. Doing this is a misdemeanor and can result in fines and jail time.
In specific areas known as no-discharge zones, there are stricter rules. You can't operate or modify these marine toilets to discharge sewage, and you must ensure these devices are secure if you are using your boat. The first offense in these zones is a minor violation with a potential $500 fine, but further offenses are considered misdemeanors.
If found guilty of the misdemeanor, you might face a fine up to $1,000, jail time up to six months, or both.
Section § 781
This law allows the Attorney General to ask the superior court for a legal order, called an injunction, to make sure people or organizations follow specific rules from this chapter. This can happen if the department, a state board, a regional board, or someone negatively affected requests it.
Section § 782
This law section explains that, except for specific laws about sewage discharge into certain water bodies, no state or local laws can regulate the design or use of marine sanitation devices on vessels. However, cities and counties can still make rules about how sewage is discharged from boats. Also, peace officers are allowed to enforce these laws and inspect boats if they suspect noncompliance. If they suspect illegal sewage discharge, officers can board the boat to check if the sanitation device is working properly and use a dye tablet to test the holding tank.
Section § 783
This law says that even though this chapter addresses certain regulations, it doesn't stop other laws from controlling houseboats. This means that houseboats can still be regulated by different state, regional, or local authorities under other legal rules.
Section § 784
This law clarifies that nothing in the chapter changes or interferes with another law (Section 117505 of the Health and Safety Code). It also gives state and regional boards the power to regulate discharges into the water that are not from sewage, with specific exceptions. These exceptions include water used for washing down vessels, and waste from galleys, showers, or baths. It also does not include water necessary for moving or stabilizing a vessel.
Section § 785
This law section indicates that nothing in the current chapter stops the state board from acting under a specific part of the Federal Water Pollution Control Act, which deals with pollution-related actions.
Section § 786
This law outlines conditions for loans and contracts related to certain projects, recreational marinas, and facilities. Any loan or contract must comply with specific requirements: both pumpout facilities and restrooms must be made available to the public within six months of receiving funds or opening a project, unless delays are unavoidable. Pumpout facilities must be properly maintained, well-publicized, and charges for their use should only cover costs. If a borrower fails to meet these conditions, they may have to repay the loan amount related to the pumpout facility immediately. Similar rules apply to leases or concession contracts requiring vessel pumpout facilities.