Section § 775

Explanation

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.

(a)CA Harbors and Navigation Code § 775(a) The Legislature hereby finds and declares all of the following:
(1)CA Harbors and Navigation Code § 775(a)(1) Marine sanitation devices should be regulated pursuant to uniform standards and procedures, and California vessel owners should not be subject to any local or state regulation as to the type of marine sanitation devices installed on their vessels.
(2)CA Harbors and Navigation Code § 775(a)(2) The proper use of marine sanitation devices is critical to the protection of water quality throughout California, and use of marine sanitation devices is required to be in conformance with the Federal Water Pollution Control Act (33 U.S.C. Sec. 1321 et seq.).
(3)CA Harbors and Navigation Code § 775(a)(3) For proper utilization of retention-type marine sanitation devices installed in conformance with the federal Water Pollution Control Act and for the protection of the quality of the waters of this state, adequate vessel pumpout facilities are essential.
(b)CA Harbors and Navigation Code § 775(b) It is the intent of the Legislature that every vessel with a toilet shall comply with federal standards for marine sanitation devices.

Section § 775.5

Explanation

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.

The definitions in this section govern the construction of this chapter:
(a)CA Harbors and Navigation Code § 775.5(a) “Vessel terminal” means any private or public shoreside installation on any waters of this state which provides mooring, docking, berthing, and other facilities for the use of vessels.
(b)CA Harbors and Navigation Code § 775.5(b) “Marine sanitation device” means any equipment on board a vessel which is designed to receive, retain, treat, or discharge sewage and any process to treat the sewage.
(c)CA Harbors and Navigation Code § 775.5(c) “Promulgation date” means the date upon which the initial standards and regulations for marine sanitation devices are promulgated by an appropriate federal agency in accordance with Section 312 of the Federal Water Pollution Control Act, as amended (33 U.S.C. Sec. 1322).
(d)CA Harbors and Navigation Code § 775.5(d) “Sewage” means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body waste.
(e)CA Harbors and Navigation Code § 775.5(e) “Vessel” means every watercraft or other contrivance used or capable of being used as a means of transportation on the waters of the state, excepting foreign and domestic vessels engaged in interstate or foreign commerce upon the waters of the state.
(f)CA Harbors and Navigation Code § 775.5(f) “State board” means the State Water Resources Control Board.
(g)CA Harbors and Navigation Code § 775.5(g) “Regional board” means a California regional water quality control board.
(h)CA Harbors and Navigation Code § 775.5(h) “Waters of this state” shall mean all waters of the state except waters beyond three nautical miles of any shore of the state.
(i)CA Harbors and Navigation Code § 775.5(i) “Department” means the Department of Boating and Waterways.
(j)CA Harbors and Navigation Code § 775.5(j) “No-discharge area” means a body of water designated as a no-discharge area under subsection (f) of Section 312 of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1322 (f)).
(k)CA Harbors and Navigation Code § 775.5(k) “Discharge” means spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
(l)CA Harbors and Navigation Code § 775.5(l) “Secured” means, for a marine sanitation device not approved for use in a no-discharge area, mechanically controlling valves or facilities in an identifiable manner to prevent any overboard discharge of sewage.

Section § 776

Explanation

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.

(a)CA Harbors and Navigation Code § 776(a) Every vessel terminal shall, as required by the regional board for the protection of the quality of the waters of this state, be equipped with vessel pumpout facilities for the transfer and disposal of sewage from marine sanitation devices. In imposing this requirement, the regional board shall take into account the number and type of vessels that use or are berthed at the vessel terminal and whether there exists at other locations pumpout facilities that have a total capacity sufficient for, and are convenient and accessible to, vessels that use or are berthed at the vessel terminal. In addition, the regional board may require any vessel pumpout facility to be equipped with a meter for the purpose of measuring use of the facility. All pumpout facilities installed after the operative date of the statute adding this section shall be equipped with a meter.
(b)CA Harbors and Navigation Code § 776(b) This section does not apply to the following:
(1)CA Harbors and Navigation Code § 776(b)(1) Small craft launching facilities.
(2)CA Harbors and Navigation Code § 776(b)(2) Dockage adjacent to and serving private residences in areas where vessel pumpout facilities are conveniently available to vessels so docked, as determined by the regional board.
(3)CA Harbors and Navigation Code § 776(b)(3) Other types of facilities designated by the regional board after consulting with the department.
(c)CA Harbors and Navigation Code § 776(c) Any violation of this section is a misdemeanor. In addition, any violation of this section is subject to any remedy provided for in Chapter 5 (commencing with Section 13300) of Division 7 of the Water Code.

Section § 777

Explanation

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.

(a)CA Harbors and Navigation Code § 777(a) Vessel pumpout facilities for the transfer and disposal of sewage from marine sanitation devices, floating restrooms, and onshore toilets shall be operated and maintained in a manner that will prevent the discharge of any sewage to the waters of the state and shall be maintained in good working order and regularly cleaned.
(b)CA Harbors and Navigation Code § 777(b) Every vessel pumpout facility shall have a notice posted on the facility identifying the city, county, local public health officer, or boating law enforcement officer responsible for enforcing this chapter pursuant to Section 779, with the telephone number where a violation of subdivision (a) may be reported.
(c)CA Harbors and Navigation Code § 777(c) Any violation of this section is a misdemeanor. In addition, any violation of this section is subject to any remedy provided for in Chapter 5 (commencing with Section 13300) of Division 7 of the Water Code.

Section § 778

Explanation

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.

The state board shall adopt standards for the location, construction, operation, and maintenance of vessel pumpout facilities.

Section § 779

Explanation

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.

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 shall enforce this chapter and any regulations adopted pursuant to this chapter.

Section § 780

Explanation

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.

(a)CA Harbors and Navigation Code § 780(a) A person shall not disconnect, bypass, or operate 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.
(b)CA Harbors and Navigation Code § 780(b) The following prohibitions apply in no-discharge areas:
(1)CA Harbors and Navigation Code § 780(b)(1) A person shall not disconnect, bypass, or operate a marine sanitation device so as to potentially discharge sewage.
(2)CA Harbors and Navigation Code § 780(b)(2) A person shall not occupy or operate a vessel in which a marine sanitation device is installed unless the marine sanitation device is properly secured.
The first violation of this subdivision is an infraction punishable by a fine of up to five hundred dollars ($500). A second or subsequent violation of this subdivision by any one person is a misdemeanor.
(c)CA Harbors and Navigation Code § 780(c) A person found guilty of a misdemeanor violation of subdivision (a) or (b) shall be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail not to exceed six months, or both that fine and imprisonment.

Section § 781

Explanation

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.

The Attorney General, at the request of the department, the state board, any regional board, or any aggreived person, shall petition the superior court for injunctive relief, as may be appropriate, to secure compliance with this chapter.

Section § 782

Explanation

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.

(a)CA Harbors and Navigation Code § 782(a) Excepting laws regulating the discharge of sewage into or upon the navigable waters of any lake, reservoir, or freshwater impoundment of this state, and notwithstanding Section 660, no vessel, as defined in subdivision (e) of Section 775.5, is subject to any other state or local government law, ordinance, or regulation with respect to the design, manufacture, installation, or use within any vessel of any marine sanitation device.
(b)CA Harbors and Navigation Code § 782(b) Notwithstanding any other provision of law, 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.
(c)CA Harbors and Navigation Code § 782(c) 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.
(d)CA Harbors and Navigation Code § 782(d) A state or local peace officer who reasonably suspects that a vessel is discharging sewage in an area where the discharge is prohibited may board that vessel, if the owner or operator is aboard, for the purpose of inspecting the marine sanitation device for proper operation and placing a dye tablet in the holding tank.

Section § 783

Explanation

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.

Nothing in this chapter precludes the regulation of houseboats, as defined in Section 13901 of the Water Code, under other provisions of law by the state board, any regional board, or any local agency.

Section § 784

Explanation

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.

Nothing in this chapter is intended to affect the operation of Section 117505 of the Health and Safety Code. The state board and any regional board may also 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 § 785

Explanation

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.

Nothing in this chapter shall prevent the state board from taking any action pursuant to subdivision (f) of Section 312 of the Federal Water Pollution Control Act.

Section § 786

Explanation

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.

(a)CA Harbors and Navigation Code § 786(a) Any loan made pursuant to Section 71.4 or 76.3, and any lease or concession contract entered into pursuant to Section 72, shall be subject to the express condition that the borrower comply with all applicable requirements of this chapter.
(b)CA Harbors and Navigation Code § 786(b) Any loan made pursuant to Section 71.4 or 76.3 for, respectively, a project or a recreational marina that is required, pursuant to Section 776, to provide vessel pumpout facilities shall be subject to the following express conditions:
(1)CA Harbors and Navigation Code § 786(b)(1) The pumpout facility shall be opened to public use within six months of receiving any funds, or when any part of the project is opened to public use, whichever is later, unless the department determines that the facility cannot be opened to public use within this period due to circumstances beyond the control of the borrower.
(2)CA Harbors and Navigation Code § 786(b)(2) The borrower shall agree to budget funds each year for the maintenance and operation of the pumpout facility for its expected life.
(3)CA Harbors and Navigation Code § 786(b)(3) The location of the pumpout facility shall be publicized, by any convenient means available, and shall be marked with a distinctive and prominent sign that is readily identifiable from offshore locations.
(4)CA Harbors and Navigation Code § 786(b)(4) Charges imposed for the use of the pumpout facility shall not, in the aggregate, exceed the cost of maintaining and operating the pumpout facility and a pro rata share of the amount necessary for repayment of the loan.
(5)CA Harbors and Navigation Code § 786(b)(5) The portion of the loan equal to the cost of the pumpout facility shall become immediately due, if the borrower does not perform any requirement imposed pursuant to this subdivision.
(c)CA Harbors and Navigation Code § 786(c) Any lessee or concessionaire that is required, pursuant to Section 776, to provide vessel pumpout facilities, shall be required through the lease or concession contract to comply with requirements that are not less restrictive than the requirements imposed by paragraphs (1) to (4), inclusive, of subdivision (b).
(d)CA Harbors and Navigation Code § 786(d) Any loan made pursuant to Section 71.4 or 76.3, and any concession contract entered into pursuant to Section 72, shall be subject to the express condition that restrooms be opened to public use within six months of the date the project is opened to public use, unless the department determines that the facility cannot be opened to public use within this period due to circumstances beyond the control of the borrower.