New York Navigation Code § 33-C

Regulating disposal of sewage; littering of waterways
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§ 33-c. Regulating disposal of sewage; littering of waterways. 1. As\nused in this section, unless the context clearly indicates otherwise:\n  (a) The term "watercraft" means any contrivance used or capable of\nbeing used for navigation upon water whether or not capable of\nself-propulsion, except passenger or cargo-carrying vessels subject to\nthe Quarantine Regulations of the United States Public Health Service\nadopted pursuant to Title forty-two of the United States Code.\n  (b) The term "marina" means any installation which provides any\naccommodations or facilities for watercraft, including mooring, docking,\nstoring, leasing, sale, or servicing of watercraft, located adjacent to\nwaters of the state.\n  (c) The term "sewage" means all human body wastes.\n  (d) The term "litter" means any bottles, glass, crockery, cans, scrap\nmetal, junk, paper, garbage, rubbish, trash, or similar refuse.\n  (e) The term "marine toilet" means any toilet on or within any\nwatercraft, except those that have been permanently sealed and made\ninoperative.\n  (f) The term "waters of this state" means all of the waterways, or\nbodies of water located within New York state or that part of any body\nof water which is adjacent to New York state over which the state has\nterritorial jurisdictions on which watercraft may be used or operated.\n  (g) The term "person" means an individual, partnership, firm,\ncorporation, association, or other entity.\n  (h) The term "department" means the state department of environmental\nconservation, except as otherwise provided in this section.\n  (i) The term "marine holding tank" means any container aboard any\nvessel that is designed and used for the purpose of collecting and\nstoring treated or untreated sewage from marine toilets.\n  (j) The term "pumpout facility" means any device, portable or\npermanent, capable of removing sewage from a marine holding tank.\n  2. (a) No person, whether engaged in commerce or otherwise, shall\nplace, throw, deposit, or discharge, or cause to be placed, thrown,\ndeposited, or discharged into the waters of this state, from any\nwatercraft, marina or mooring, any sewage, or other liquid or solid\nmaterials which render the water unsightly, noxious or otherwise\nunwholesome so as to be detrimental to the public health or welfare or\nto the enjoyment of the water for recreational purposes.\n  (b) No person, whether engaged in commerce or otherwise, shall place,\nthrow, deposit or discharge, or cause to be placed, thrown, deposited,\nor discharged, any litter into the waters of this state or upon any\npublic lands contiguous to and within one hundred feet of such waters or\nupon any private lands contiguous to and within one hundred feet of such\nwaters unless such lands are owned by such person or unless such person\nenters or remains with the permission of the owner of record or his\nrepresentative or agent.\n  3. (a) No marine toilet on any watercraft used or operated upon waters\nof this state shall be operated so as to discharge any untreated sewage\ninto said waters directly or indirectly.\n  (b) No person owning or operating a watercraft with a marine toilet\nshall use, or permit the use of, such toilet on the waters of this state\nunless the toilet is equipped with facilities that will adequately\ntreat, hold, incinerate or otherwise handle sewage in a manner that is\ncapable of preventing water pollution, as required by this section.\n  (c) Except as provided in subdivisions four and seven of this section,\nno container of sewage shall be placed, left, discharged or caused to be\nplaced, left or discharged in or bordering any waters of this state by\nany person at any time.\n  4. (a) Every marine toilet on watercraft used or operated upon the\nwaters of this state shall be equipped with a pollution control device,\neither for the treatment or holding of sewage, in operating condition,\nof a type approved by the state health department, in conformance with\napplicable p

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