While a particular Coast Guard stop and inspection might not issue a citation, it is a federal regulation that the MSD Type III (black water holding tank like most of us have) overboard discharge MUST be secured (not just shut), including a direct overboard Y valve if installed. I suppose it is like police officers that have discretion in issuing a citation, but it doesn't change the underlaying violation if one exists, just whether a citation is written.
@Terry Cox, although the CG didn't cite you, I'm surprised they did not caution you at least verbally of the requirement. Ie
"This valve is supposed to be closed and secured. If you have a tie wrap, please attach us for it and we won't cite you" or similar such slack. They didn't do you any favors if they left you with the impression that it did not need to be shut and secured.
T
he regulation itself is contained in Title 33 Code of Federal Regulations, Part 159 "Marine Sanitation Devices" (33CFR159)
§ 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.
(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.
