(A) It is unlawful for a person to operate or float a houseboat on the waters of this State unless it has a marine toilet that discharges only into a holding tank.
(B) As used in this section:
(1) "Holding tank" means a container designed to receive and hold sewage and other wastes discharged from a marine toilet and constructed and installed in a manner so that it may be emptied only by pumping out its contents.
(2) "Houseboat" means watercraft primarily used as habitation and not used primarily as a means of transportation.
(3) "Marine toilet" includes equipment for installation on board a houseboat designed to receive, retain, treat, or discharge sewage. A marine toilet must be equipped with a holding tank.
(C) When an owner of a houseboat having a marine toilet applies to the Department of Natural Resources for a certificate of title pursuant to Section 50-23-20, he shall certify in the application that the toilet discharges only into a holding tank.
(D) Houseboat holding tanks may be emptied only by a pump-out system permitted by the South Carolina Department of Health and Environmental Control.
(E) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars for each day's violation or imprisoned not more than thirty days, or both.
HISTORY: 1992 Act No. 334, Section 1; 1993 Act No. 181, Section 1172; 2007 Act No. 33, Section 2, eff upon approval (became law without the Governor's signature on May 24, 2007).
Effect of Amendment
The 2007 amendment, in subsection (A), substituted "waters of this State unless it has a marine toilet that discharges" for "freshwaters of this State having a marine toilet unless it discharges"; and, in paragraph (B)(2), substituted "watercraft primarily used as habitation" for "a vessel which is used primarily as a residence".
Structure South Carolina Code of Laws
Title 48 - Environmental Protection and Conservation
Chapter 1 - Pollution Control Act
Section 48-1-10. Short title; definitions.
Section 48-1-20. Declaration of public policy.
Section 48-1-30. Promulgation of regulations; approval of alternatives.
Section 48-1-40. Adoption of standards for water and air.
Section 48-1-50. Powers of department.
Section 48-1-70. Matters which standards for water may prescribe.
Section 48-1-80. Considerations in formulating classification and standards for water.
Section 48-1-85. Requirements for houseboats with marine toilets.
Section 48-1-87. Aquatic Life Protection Act.
Section 48-1-90. Causing or permitting pollution of environment prohibited; remedies.
Section 48-1-95. Wastewater utilities; procedures for significant spills.
Section 48-1-100. Permits for discharge of wastes or air contaminants; jurisdiction of department.
Section 48-1-115. Public notice of sludge storage facility construction permit.
Section 48-1-120. Determination and correction of undesirable level.
Section 48-1-130. Order for discontinuance of discharge of wastes or air contaminants.
Section 48-1-150. Situations in which public hearing is required or authorized.
Section 48-1-160. Conduct of hearing; decision of department.
Section 48-1-170. Records of hearings and decisions.
Section 48-1-180. Oaths; examination of witnesses; subpoenas.
Section 48-1-190. Refusal to obey notice of hearing or subpoena.
Section 48-1-210. Duties of Attorney General and solicitors.
Section 48-1-220. Institution of prosecutions.
Section 48-1-230. Disposition of funds.
Section 48-1-240. Chapter remedies are cumulative; estoppel.
Section 48-1-250. No private cause of action created.
Section 48-1-260. Conditions within industrial plants and employer-employee relations not affected.
Section 48-1-280. Health laws not affected.
Section 48-1-290. Emergency orders.
Section 48-1-300. Certain violations excused.
Section 48-1-310. Local air pollution control programs.
Section 48-1-320. Penalties for violation of Pollution Control Act.
Section 48-1-330. Civil penalties.
Section 48-1-350. Penalties constitute debts to State; liens; disposition of moneys collected.