This article is adopted by local law pursuant
to the authority of New York State Navigation Law § 33-c(10).
The purpose of this section is to protect and enhance the water quality
of those waterways that are designated herein as "Vessel Waste No-Discharge
Zones" pursuant to New York State Navigation Law § 33-e(1).
A.
Definitions. In addition to those definitions contained in § 246-2, supra, the following words and expressions, where used in this article, shall have the meanings indicated:
(1)
DISCHARGE — The disposal of sewage from a vessel
by any method into a water body.
(2)
MARINE SANITATION DEVICE, MARINE TOILET or MARINE
HEAD — Any equipment on board a vessel or watercraft which is
designed to receive, retain, treat or discharge sewage, and any process
to treat such sewage; any such equipment that has been permanently
sealed and made inoperable is exempted from such definition.
(3)
SEWAGE — All human body wastes.
(4)
VESSEL — See definition in § 246-2B.
(5)
VESSEL WASTE — Sewage from a marine sanitation
device, marine toilet or head.
A.
The following water bodies in the Town of East Hampton
are designated pursuant to New York State Navigation Law § 33-e
as Vessel Waste No-Discharge Zones, into which the discharge of sewage
(whether treated or not treated) from a marine sanitation device,
a marine toilet or head is prohibited:
B.
Boundaries. The outer boundaries of each vessel waste
no-discharge zone shall be the mouths of each such creek or harbor.
A.
Any marine sanitation device on board a vessel being
operated in waters designated as a Vessel Waste No-Discharge Zone
must be secured to prevent any discharges to such waters. In accordance
with federal regulations, the marine sanitation device shall be secured
by closing the seacock and padlocking, using heavy nonresealable tape,
using a nonreleasable wire-tie, removing the seacock handle or locking
the door to the "head" while such vessel is being operated upon waters
within Vessel Waste No-Discharge Zones. Use of a padlock, heavy nonresealable
tape, wiretie, or the removal of the valve handle are adequate methods
of securing the device. The method chosen shall be one that presents
a physical barrier to the use of the valve.
B.
If a marine sanitation device on a vessel provides
a means of discharging sewage directly to the water, the discharge
valve must be secured in a readily visible manner and closed position
while the vessel is being operated in a Vessel Waste No-Discharge
Zone.
C.
The provisions requiring marine sanitation devices
to be secured and rendered inoperable in Vessel Waste No-Discharge
Zones shall not apply while the wastes from the marine sanitation
device are being lawfully disposed of in an approved marine sanitation
device pump-out or dump station, or pump out boat located within a
Vessel Waste No-Discharge Zone.
In addition to any conduct specifically prohibited
by other sections of law, the following acts are unlawful:
A.
Discharges in a Vessel Waste No-Discharge Zone. It
shall be unlawful for any person operating or in control of a vessel
being operated in a designated Vessel Waste No-Discharge Zone to discharge
sewage (whether treated or untreated) from a marine sanitation device,
a marine toilet or head or a vessel generally into such waters.
B.
Failure to secure marine sanitation device. It shall be unlawful for any person operating or in control of a vessel with a marine sanitation device on board to operate such vessel in a Vessel Waste No-Discharge Zone when the marine sanitation device is not secured in a manner described in § 246-29.
C.
Failure to secure discharge valve. It shall be unlawful for any person operating or in control of a vessel with a means of discharging sewage directly to the water to operate such vessel in a Vessel Waste No-Discharge Zone when the discharge valve is not secured in a manner described in § 246-29.
Any vessel being operated upon a water body
of the Town of East Hampton that has been designated as a Vessel Waste
No-Discharge Zone may be boarded and inspected by the Town Harbormaster,
Bay Constable or any other lawfully designated agents acting pursuant
to their special duties for the purposes of determining whether such
vessel is being operated in compliance with this chapter.
A.
Failure to comply with the provisions of this article
shall be a violation punishable by a fine not to exceed $500.
B.
Any subsequent failure, by the same operator or person
in control of a vessel, to comply with the provisions of this article
shall be a violation punishable by a fine not to exceed $1,000.
C.
Any person or entity found by the Bureau of Administrative Adjudication to have violated any of the provisions of §§ 246-7B, 246-9B and 246-10B(1), or to have failed to respond to a summons charging the same within 15 days of issuance, shall likewise be subject to the following Fine and Penalty Schedule:
[Added 6-1-2023 by L.L. No. 11-2023]
