§423. Discharge of waste from watercraft
1. Discharge from watercraft prohibited. A person, firm, corporation or other legal entity may not discharge, spill or permit to be discharged sewage, septic fluids, garbage or other pollutants from watercraft:
A. Into inland waters of the State; [PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (RPR); PL 2003, c. 688, Pt. B, §15 (AFF).]
B. On the ice of inland waters of the State; or [PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (RPR); PL 2003, c. 688, Pt. B, §15 (AFF).]
C. On the banks of inland waters of the State in a manner that the pollutants may fall or be washed into the waters or in a manner in which the drainage from the banks may flow into the waters. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (RPR); PL 2003, c. 688, Pt. B, §15 (AFF).]
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (RPR); PL 2003, c. 688, Pt. B, §15 (AFF).]
2. Holding tank required. A person, firm, corporation or other legal entity may not operate upon the inland waters of the State a watercraft that has a permanently installed sanitary waste disposal system if it does not have securely affixed to the interior discharge opening of the sanitary waste disposal system a holding tank or suitable container for holding sanitary waste material so as to prevent its discharge or drainage into the inland waters of the State.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (RPR); PL 2003, c. 688, Pt. B, §15 (AFF).]
3. Watercraft defined.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (RPR); PL 2003, c. 688, Pt. B, §15 (AFF); MRSA T. 38 §423, sub-§3 (RP).]
4. Watercraft defined. For the purposes of this section, "watercraft" has the same meaning as provided in Title 12, section 13001, subsection 28, except that "watercraft" includes houseboats. This subsection takes effect August 31, 2004.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (NEW); PL 2003, c. 688, Pt. B, §15 (AFF).]
5. Penalty. Notwithstanding section 349, subsection 2, a person who is charged with a civil violation of this section is subject to a civil penalty, payable to the State, of not less than $500 and not more than $10,000 for each day of that violation.
[PL 2017, c. 49, §1 (NEW).]
SECTION HISTORY
PL 1973, c. 625, §274 (NEW). PL 1975, c. 770, §210 (AMD). PL 1977, c. 300, §24 (AMD). PL 1979, c. 444, §10 (AMD). PL 1989, c. 502, §B49 (AMD). PL 2003, c. 277, §3 (AMD). PL 2003, c. 414, §B70 (AMD). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 452, §W6 (RPR). PL 2003, c. 452, §X2 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 688, §B14 (RPR). PL 2003, c. 688, §B15 (AFF). PL 2017, c. 49, §1 (AMD).
Structure Maine Revised Statutes
TITLE 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
38 §411. State contribution to pollution abatement
38 §411-A. State contribution to residential overboard discharge replacement projects
38 §411-C. Maine Clean Water Fund
38 §412. Grants by State for planning
38 §412-A. Technical and legal assistance
38 §412-B. Consultation on waste water disposal
38 §413. Waste discharge licenses
38 §414. Applications for licenses
38 §414-A. Conditions of licenses
38 §414-B. Publicly owned treatment works
38 §414-C. Color pollution control
38 §414-D. Municipal satellite collection systems
38 §416. Discharge of oil prohibited (REPEALED)
38 §417. Certain deposits and discharges prohibited
38 §418. Log driving and storage
38 §418-A. Protection of the Penobscot River
38 §418-B. Prohibition on application of fertilizers near great ponds
38 §419. Cleaning agents and lawn and turf fertilizer containing phosphate banned
38 §419-A. Prohibition on the use of tributyltin as an antifouling agent
38 §419-B. Goals for dates of removal of transformers containing polychlorinated biphenyls
38 §419-C. Prevention of the spread of invasive aquatic plants
38 §419-D. Synthetic plastic microbeads
38 §419-E. Coal tar sealant products
38 §420. Certain deposits and discharges prohibited
38 §420-A. Dioxin monitoring program (REPEALED)
38 §420-B. Surface water ambient toxic monitoring program
38 §420-C. Erosion and sedimentation control
38 §420-D. Storm water management
38 §420-E. Municipal storm water ordinances; transportation systems
38 §421. Solid waste disposal areas; location (REPEALED)
38 §422. Dredging permits (REPEALED)
38 §423. Discharge of waste from watercraft
38 §423-A. Discharge of waste from motor vehicles
38 §423-B. Watercraft sanitary waste pump-out facilities at marinas
38 §423-C. Registered owner's liability for vehicle illegally discharging waste
38 §423-D. Graywater and blackwater discharges from commercial passenger vessels
38 §424. Voluntary water quality monitors
38 §424-B. Water Quality Improvement Fund
38 §424-C. Perfluoroalkyl and polyfluoroalkyl substances in firefighting or fire-suppressing foam