Is anybody well-versed in the State/Federal legal rulings on graywater. I got a written warning from my marina last week for discharging shower water overboard in the marina. I talked to some people in the marina, and we're all in agreement that this is perfectly legal. The California Department of Boating and Waterways seems to agree--exempting shower water, water running through the engines, and boat-rinsing water from the illegal discharge laws. Doesw anybody know if there has been any laws passed that regulate graywater? The rule that the harbor-master showed me was written down in their own brochure, that discharges of any kind (sinks, etc.) are not permitted. I was also under the impression that it is illegal for a marina to regulate what happens with ocean waters, which are under the jurisdiction of the federal government. This would mean that whatever California says about the waterways is irrelevent. On the other hand, I heard from my old harbormaster that the guy who warned me was technically correct, but that the law itself was incoherent, since it legislated against any discharges at all. But that would include the bilge, which is a necessary part of a boat. Then I heard this law regulating all discharges didn't even pass. I've been trying to decipher the legal codes for the past two hours. Anyway, can somebody clarify what the law is around here?
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Gray water discharge IS legal under federal law
Federal law is not incoherent at all. 33 CFR 159.7 "requirments for vessel operators" specifically refers ONLY to "sewage:" (6) “sewage” means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes except that, with respect to commercial vessels on the Great Lakes, such term shall include graywater;" You can read the whole thing here: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=86d314715a20ea99670b2d5376c284ec&rgn=div5&view=text&node=33:2.0.1.5.27&idno=33 (Damn...the link is apparently too long. Google for 33 CFR 159.7) The other part of the CFR that relates to discharge is 40 CFR 140 (http://www.setonresourcecenter.com/40CFR/Docs/wcd00000/wcd0006d.asp which also pertains only to "sewage." That's the good news. The bad news is: marinas, as lessees, are private property...they can make their own rules. However, it's interesting that you're getting this flack in SF Bay...'cuz north of Santa Barbara, there's only one very small "no discharge" harbor on the entire west coast...and it just happens to be off SF Bay, around Sausilito. The discharge of treated waste from a CG certified Type I or II MSD is legal everywhere else. If that's where your marina is, you may be SOL...but if not, you MAY have a case.
Federal law is not incoherent at all. 33 CFR 159.7 "requirments for vessel operators" specifically refers ONLY to "sewage:" (6) “sewage” means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes except that, with respect to commercial vessels on the Great Lakes, such term shall include graywater;" You can read the whole thing here: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=86d314715a20ea99670b2d5376c284ec&rgn=div5&view=text&node=33:2.0.1.5.27&idno=33 (Damn...the link is apparently too long. Google for 33 CFR 159.7) The other part of the CFR that relates to discharge is 40 CFR 140 (http://www.setonresourcecenter.com/40CFR/Docs/wcd00000/wcd0006d.asp which also pertains only to "sewage." That's the good news. The bad news is: marinas, as lessees, are private property...they can make their own rules. However, it's interesting that you're getting this flack in SF Bay...'cuz north of Santa Barbara, there's only one very small "no discharge" harbor on the entire west coast...and it just happens to be off SF Bay, around Sausilito. The discharge of treated waste from a CG certified Type I or II MSD is legal everywhere else. If that's where your marina is, you may be SOL...but if not, you MAY have a case.
or more stringent requirement
Peggy is correct, however, Federal statutes and regulations stipulate that they apply unless there are more stringent state or local (e.g., municipal) regulations. There may be your problem. Don
Peggy is correct, however, Federal statutes and regulations stipulate that they apply unless there are more stringent state or local (e.g., municipal) regulations. There may be your problem. Don
Re "more stringent"...
TITLE 46, Subtitle II, Part B, CHAPTER 43, subsection 4306 sayeth: "Unless permitted by the Secretary under section 4305 of this title (which essentially means except in case of dire national emergency), a State or political subdivision of a State may not establish, continue in effect, or enforce a law or regulation establishing a recreational vessel or associated equipment performance or other safety standard or imposing a requirement for associated equipment (except insofar as the State or political subdivision may, in the absence of the Secretary’s disapproval, regulate the carrying or use of marine safety articles to meet uniquely hazardous conditions or circumstances within the State) that is not identical to a regulation prescribed under section 4302 of this title." There is only exception: "In accordance with the FWPCA (33 U.S.C. 1322) a State may adopt and enforce a statute or regulation with respect to the design, manufacture, or installation or use of any MSD on a houseboat, if such statute or regulation is stricter than EPA and U.S. Coast Guard requirements. The vessel owner/operator is responsible for complying with other agencies that may have jurisdiction." So on the surface, it first appears that a state or "political subdivsion" MAY require gray water holding...but-- The operative word in in federal law is "houseboat," which is defined in 33 U.S.C. 1322 as: "a vessel which, for a period of time determined by the State in which the vessel is located, is used primarily as a residence and is not used primarily as a means of transportation." I haven't seen CA's marine sanitation laws...but in almost all other states the period of time the boat has to be continuously occupied without moving is typically 14 consecutive days in any 30 day period. So a state or municipality COULD mandate that all LIVEABOARDS--even just summer liveaboards--have to hold both sewage and gray water, even where the discharge of treated sewage is legal...but they can't require "weekend warriors" to do it. Otoh, ANYthing is enforceable until it's successfully challenged in court and overturned, or it becomes so obvious to those enforcing it that it will be overturned that they "holler uncle." So maybe ganging up and waving federal law at 'em will work...if it doesn't, y'all need to talk to a maritime lawyer.
TITLE 46, Subtitle II, Part B, CHAPTER 43, subsection 4306 sayeth: "Unless permitted by the Secretary under section 4305 of this title (which essentially means except in case of dire national emergency), a State or political subdivision of a State may not establish, continue in effect, or enforce a law or regulation establishing a recreational vessel or associated equipment performance or other safety standard or imposing a requirement for associated equipment (except insofar as the State or political subdivision may, in the absence of the Secretary’s disapproval, regulate the carrying or use of marine safety articles to meet uniquely hazardous conditions or circumstances within the State) that is not identical to a regulation prescribed under section 4302 of this title." There is only exception: "In accordance with the FWPCA (33 U.S.C. 1322) a State may adopt and enforce a statute or regulation with respect to the design, manufacture, or installation or use of any MSD on a houseboat, if such statute or regulation is stricter than EPA and U.S. Coast Guard requirements. The vessel owner/operator is responsible for complying with other agencies that may have jurisdiction." So on the surface, it first appears that a state or "political subdivsion" MAY require gray water holding...but-- The operative word in in federal law is "houseboat," which is defined in 33 U.S.C. 1322 as: "a vessel which, for a period of time determined by the State in which the vessel is located, is used primarily as a residence and is not used primarily as a means of transportation." I haven't seen CA's marine sanitation laws...but in almost all other states the period of time the boat has to be continuously occupied without moving is typically 14 consecutive days in any 30 day period. So a state or municipality COULD mandate that all LIVEABOARDS--even just summer liveaboards--have to hold both sewage and gray water, even where the discharge of treated sewage is legal...but they can't require "weekend warriors" to do it. Otoh, ANYthing is enforceable until it's successfully challenged in court and overturned, or it becomes so obvious to those enforcing it that it will be overturned that they "holler uncle." So maybe ganging up and waving federal law at 'em will work...if it doesn't, y'all need to talk to a maritime lawyer.
Response from CA Dept Boating and Waterways
Here is an excerpt from an email I received from someone at the CA Dept of Boating and Waterways. I'm waiting to hear back from the San Mateo Harbor District to see is such a regulation was in fact enacted. The answer is that unless it is otherwise regulated it is legal to discharge shower water, i.e., grey water, from a vessel moored in a public marina that is located in San Francisco Bay of the Coast. Also, pursuant to the provisions of the Health and Safety Code and the Harbors and Navigation Code, a city, county or district is permitted to regulate the discharge of shower water, e.g., grey water, etc., if it so chooses. (For a link to the regulations discussed below use the following link:http://www.leginfo.ca.gov/calaw.html) The provisions of the Health and Safety Code (HSC) do not specifically prohibit the discharge of shower water in a public marina but it does not preempt a city, county or district from enacting regulations stricter than the restriction found in Section 117515 of the Health and Safety Code
Here is an excerpt from an email I received from someone at the CA Dept of Boating and Waterways. I'm waiting to hear back from the San Mateo Harbor District to see is such a regulation was in fact enacted. The answer is that unless it is otherwise regulated it is legal to discharge shower water, i.e., grey water, from a vessel moored in a public marina that is located in San Francisco Bay of the Coast. Also, pursuant to the provisions of the Health and Safety Code and the Harbors and Navigation Code, a city, county or district is permitted to regulate the discharge of shower water, e.g., grey water, etc., if it so chooses. (For a link to the regulations discussed below use the following link:http://www.leginfo.ca.gov/calaw.html) The provisions of the Health and Safety Code (HSC) do not specifically prohibit the discharge of shower water in a public marina but it does not preempt a city, county or district from enacting regulations stricter than the restriction found in Section 117515 of the Health and Safety Code
Why would they even care about boaters?
Why would they even care about boaters discharging into the bay. There is more discharge from municipal system than all the boaters in the bay could do in several years. http://www.parkerwest.com/articles/2002_02_12.pdf This does not it right or correct to do, but give me a break. The crap that comes from the delta and the communities surrounding the bay could not make a dent in the municipal discharges that go on daily.
Why would they even care about boaters discharging into the bay. There is more discharge from municipal system than all the boaters in the bay could do in several years. http://www.parkerwest.com/articles/2002_02_12.pdf This does not it right or correct to do, but give me a break. The crap that comes from the delta and the communities surrounding the bay could not make a dent in the municipal discharges that go on daily.
Because boats are an easy obvious target
And, because the federal laws for boat sewage discharge have been on the books for more than 20 years...since the enaction of the Federal Water Pollution Act of 1977 (aka "Clean Water Act"). Boats were largely ignored for the first 10 years...the main focus was on cleaning up industry. But by the mid-late '80s industry had been cleaned up as well as it could be without some major commitment from environmentalists against specific companies--which required more resources than they have...so they turned their efforts to easier targets---boats. And they contine to come after us because we remain the easiest targets...and they prey on people's worst fears. In a society where "life demands Lysol," the mere MENTION of the word "sewage" is bound to produce a knee jerk reaction from most people. And enviro-extremists count on that. Unfortunately, there aren't enough boat owners (only about 12 million in a whole country that has a population of 300 million--and 90% of those are under 20'--too small to have toilets) and too few voters to matter to the politicians who could say "enough already!"
And, because the federal laws for boat sewage discharge have been on the books for more than 20 years...since the enaction of the Federal Water Pollution Act of 1977 (aka "Clean Water Act"). Boats were largely ignored for the first 10 years...the main focus was on cleaning up industry. But by the mid-late '80s industry had been cleaned up as well as it could be without some major commitment from environmentalists against specific companies--which required more resources than they have...so they turned their efforts to easier targets---boats. And they contine to come after us because we remain the easiest targets...and they prey on people's worst fears. In a society where "life demands Lysol," the mere MENTION of the word "sewage" is bound to produce a knee jerk reaction from most people. And enviro-extremists count on that. Unfortunately, there aren't enough boat owners (only about 12 million in a whole country that has a population of 300 million--and 90% of those are under 20'--too small to have toilets) and too few voters to matter to the politicians who could say "enough already!"
Be sure to make it clear when you ask...
that you're asking about gray water ("galley, bath or shower water") discharge from VESSELS...'cuz the laws that pertain to sewage on land (which includes EVERYthing that goes down a pipe or a storm drain) are different from marine sanitation laws pertaining to vessels. Not all gmmn't lackeys know the difference. I spend about 15% of my time online giving boat owners ammo to combat their ignorance.
that you're asking about gray water ("galley, bath or shower water") discharge from VESSELS...'cuz the laws that pertain to sewage on land (which includes EVERYthing that goes down a pipe or a storm drain) are different from marine sanitation laws pertaining to vessels. Not all gmmn't lackeys know the difference. I spend about 15% of my time online giving boat owners ammo to combat their ignorance.
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