Marine head requirements...again

[kerncat]

A while back there was a thread discussing marine heads and what is necessary to stay ok with the Coast Guard regs..the thread started off and then wandered off to lots of talk about Catalina and their dye program, etc...I'd like to know about the "general requirements" covering coastal boating in the area..I have a Jabsco manual head with no holding tank..it is thru hull valved on the inlet side and the outlet is piped directly through the side of the hull with a thru hull and there is no shut off valve on the outlet side...As with all of the Jabsco heads, there is a throw lever that allows water into the bowl when thrown one way and prevents water from entering when thrown the other...I've been told 2 stories..one that if the inlet thru hull valve is shut off within 3 miles of the coast it is fine...I've also been told that there needs to be an outlet valve in the off position when within the 3 mile limit..please, which is it for sure if you know and where is the law referenced? Does the throw lever on the head unit itself constitute an "outlet valve"? The Coast Guard "specs" I've looked at only mention the need for a MSD (I assume that means Marine Sanitation Device) but I'm pretty sure they do not mandate a holding tank...The Catalina deal is specific with well spelled out requirements so please let me know about the general needs for coastal use...
many thanks,
Kerncat

[piperca]

HARBORS AND NAVIGATION CODE

Chapter 6

CHAPTER 6. MARINE SANITATION

775. Legislative intent.

(a) The Legislature hereby finds and declares all of the
following:
(1) Marine sanitation devices should be regulated pursuant to uniform standards and
procedures, and California vessel owners should not be subject to any local or state
regulation as to the type of marine sanitation devices installed on their vessels.
(2) The proper use of marine sanitation devices is critical to the protection of water
quality throughout California, and use of marine sanitation devices is required to be in
conformance with the Federal Water Pollution Control Act (33 U.S.C. Sec. 1321
et seq.)
(3) For proper utilization of retention-type marine sanitation devices installed in
conformance with the federalWater Pollution Control Act and for the protection of the
quality of the waters of this state, adequate vessel pumpout facilities are essential.
(b) It is the intent of the Legislature that every vessel with a toilet shall comply with
federal standards for marine sanitation devices.


775.5. Definitions.

The definitions in this section govern the construction of this chapter.

(a) ‘‘Vessel terminal’’ means any private or public shoreside installation on any
waters of this state which provides mooring, docking, berthing, and other facilities for
the use of vessels.
<SPAN style="BACKGROUND-COLOR: #ffff00">(b) ‘‘Marine sanitation device’’ means any equipment on board a vessel which is
designed to receive, retain, treat, or discharge sewage, and any process to treat the
sewage.</SPAN>
(c) ‘‘Promulgation date’’ means the date upon which the initial standards and
regulations for marine sanitation devices are promulgated by an appropriate federal
agency in accordance with Section 312 of the Federal Water Pollution Control Act, as
amended (33 U.S.C. Sec. 1322).
(d) ‘‘Sewage’’ means human body wastes and the wastes from toilets and other
receptacles intended to receive or retain body waste.
<SPAN style="BACKGROUND-COLOR: #ffff00">(e) ‘’Vessel’’ means every watercraft or other contrivance used or capable of being
used as a means of transportation on the waters of the state, excepting foreign and
domestic vessels engaged in interstate or foreign commerce upon the waters of the
state.</SPAN>
(f) ‘‘State board’’ means the State Water Resources Control Board.
(g) ‘‘Regional board’’ means a California regional water quality control board.
<SPAN style="BACKGROUND-COLOR: #ffff00">(h) ‘‘Waters of this state’’ shall mean all waters of the state except waters beyond
three nautical miles of any shore of the state.</SPAN>
(i) ‘‘Department’’ means the Department of Boating and Waterways.
(j) ‘‘No-discharge area’’ means a body of water designated as a no-discharge area
under subsection (f) of Section 312 of the Federal Water Pollution Control Act (33
U.S.C. Sec. 1322 (f)).
(k) ‘‘Discharge’’ means spilling, leaking, pumping, pouring, emitting, emptying, or
dumping.
<SPAN style="BACKGROUND-COLOR: #ffff00">(l) ‘‘Secured’’ means, for a marine sanitation device not approved for use in a
no-discharge area, mechanically controlling valves or facilities in an identifiable
manner to prevent any overboard discharge of sewage.</SPAN>


776. Vessel terminal requirements.

(a) Every vessel terminal shall, as required
by the regional board for the protection of the quality of the waters of this state, be
equipped with vessel pumpout facilities for the transfer and disposal of sewage from
marine sanitation devices. In imposing this requirement, the regional board shall take
into account the number and type of vessels that use or are berthed at the vessel
terminal and whether there exists at other locations pumpout facilities that have a total
capacity sufficient for, and are convenient and accessible to, vessels that use or are
berthed at the vessel terminal. In addition, the regional board may require any vessel
pumpout facility to be equipped with a meter for the purpose of measuring use of the
facility. All pumpout facilities installed after the operative date of the statute adding
this section shall be equipped with a meter.
(b) This section does not apply to the following:
(1) Small craft launching facilities.
(2) Dockage adjacent to and serving private residences in areas where vessel
pumpout facilities are conveniently available to vessels so docked, as determined by
the regional board.
(3) Other types of facilities designated by the regional board after consulting with
the department.
(c) Any violation of this section is a misdemeanor. In addition, any violation of this
section is subject to any remedy provided for in Chapter 5 (commencing with Section
13300) of Division 7 of the Water Code.


777. Transfer facilities.

(a) Vessel pumpout facilities for the transfer and disposal
of sewage from marine sanitation devices, floating restrooms, and onshore toilets shall
be operated and maintained in a manner that will prevent the discharge of any sewage
to the waters of the state and shall be maintained in good working order and regularly
cleaned.
(b) Every vessel pumpout facility shall have a notice posted on the facility
identifying the city, county, local public health officer, or boating law enforcement
officer responsible for enforcing this chapter pursuant to Section 779, with the
telephone number where a violation of subdivision (a) may be reported.
(c) Any violation of this section is a misdemeanor. In addition, any violation of this
section is subject to any remedy provided for in Chapter 5 (commencing with Section
13300) of Division 7 of the Water Code.


778. Standards.

The state board shall adopt standards for the location, construction,
operation, and maintenance of vessel pumpout facilities.


779. Enforcement.

Every peace officer of the state and of any city, county, or
other public agency, all state and local public health officers, and all boating law
enforcement officers shall enforce this chapter and any regulations adopted pursuant to
this chapter.


780. Sewage discharge, penalties.

(a) No person shall disconnect, bypass, or
operate a marine sanitation device so as to discharge sewage into the waters of this
state, unless the particular discharge is expressly authorized or permitted pursuant to
state or federal law or regulations. A violation of this subdivision is a misdemeanor.
(b) The following prohibitions apply in no-discharge areas:
(1) No person shall disconnect, bypass, or operate a marine sanitation device so as
to potentially discharge sewage.
(2) No person shall occupy or operate a vessel in which a marine sanitation device
is installed unless the marine sanitation device is properly secured.
The first violation of this subdivision is an infraction. A second or subsequent
violation of this subdivision by any one person is a misdemeanor.


781. Representation.

The Attorney General, at the request of the department, the
state board, any regional board, or any aggrieved person, shall petition the superior
court for injunctive relief, as may be appropriate, to secure compliance with this
chapter.


782. Marine sanitation devices; dye tablets.

(a) Excepting laws regulating the
discharge of sewage into or upon the navigable waters of any lake, reservoir, or
freshwater impoundment of this state, and notwithstanding Section 660, no vessel, as
defined in subdivision (e) of Section 775.5, is subject to any other state or local
government law, ordinance, or regulation with respect to the design, manufacture,
installation, or use within any vessel of any marine sanitation device.
(b) Notwithstanding any other provision of law, nothing in this chapter precludes or
restricts a city, county, or other public agency from adopting rules and regulations with
respect to the discharge of sewage from vessels.
(c) State and local peace officers may enforce state laws relating to marine
sanitation devices and may inspect vessels if there is reasonable cause to suspect
noncompliance with those laws.
<SPAN style="BACKGROUND-COLOR: #ffff00">(d) A state or local peace officer who reasonably suspects that a vessel is
discharging sewage in an area where the discharge is prohibited may board that vessel,
if the owner or operator is aboard, for the purpose of inspecting the marine sanitation
device for proper operation and placing a dye tablet in the holding tank.</SPAN>


783. Houseboats regulation.

Nothing in this chapter precludes the regulation of
houseboats, as defined in Section 13901 of the Water Code, under other provisions of
law by the state board, any regional board, or any local agency.


784. Provisions respecting vessel sanitation—not affected; regulating nonsewage
discharges; exception. Nothing in this chapter is intended to affect the
operation of Section 117505 of the Health and Safety Code. The state board and any
regional board may also regulate nonsewage discharges excepting vessel washdown
water, liquid galley, shower, or bath waste, or water discharges necessary for the
propulsion or stability of a vessel.


Hope this clarifies!

[skelly1]

Read it a couple times and still confused, again. I guess you are supposed to deficate and urinate in a bucket while on the water and then bring it on shore and dump it in the toilet at dana that has no light.???

[piperca]

Originally Posted by skelly1

Read it a couple times and still confused, again. I guess you are supposed to deficate and urinate in a bucket while on the water and then bring it on shore and dump it in the toilet at dana that has no light.???

It means if you piss over the side or take a dump from the pulpit, you're in compliance. If you use a bucket then, yes, you need to transport it to Dana and screw about in the dark.

[lokegirl48]

Your boat is large enough you really should install a holding tank with a Y valve for overboard/holding tank selection...problem solved. All you have to do is secure the Y valve in the holding tank selection with a tie wrap. Or a porta potty with a built in holding tank would work too. Otherwise I believe the seawater intake (ball valve) for the head has to be secured in the off position, but not positive. If you call the local USCG office they will tell you.

[kerncat]

Thanks for the input but I'm still a little confused (age and too many hard miles over the years)...if I go to the Jabsco web site and look at the technical specs on this head, it says it is C/G compliant (as all head manufacturers are required to be) with or without a holding tank...I've sent them an e mail asking about this as well....my question still deals with the specific item concerning the lever built in to the pump on the head that prevents or allows the use of the head...with the lever thrown in one direction you can fill the bowl but not discharge the water overboard...with the lever thrown the other way the bowl will empty...I contacted the C/G and they said "call the manufacturer"...I just don't have the room the way things are laid out for a holding tank and until I can haul the boat in the Spring for bottom painting I can't install an outlet Valve and I want to use the boat but with all the boardings and inspections, I don't want to be liable for a fine.....so, that's what prompts the question...My thought....and it may be all wrong...is that if the inlet valve is off so no water can enter, and the valve on the head is secured in the non operational position, that makes the head unsuable and basically "ballast" when the boat is within 3 miles and in port...Again, it seems like the C/G wants to hand off to the manufacturer and the manufacturer's literature says it complies... I have no quarrel whatsoever with trying to maintain clean waters, in fact I'll probably not use the head at all as they are a source of malfunction and odor under the best of circumstances but it is installed for now..the day will probably come that I remove it and just put in a small port a potty that can be dumped at the restroom at the marina or easilly pumped out on the pump out station dock but for right now, I just don't want to get busted....Wheeee

[wils]

Sounds like you have asked everyone but the coast guard as to what the coast guard requires. Why not just stop by their office and ask them? If you're shy, go in and ask "for a friend"

[kerncat]

I'm far from shy...I guess you didn't read it in my comments...I did ask the C/G and they said "talk to the manufacturer about their compliance"...which I have...and am still waiting for a reply. Here's the cut and paste from my post:


I contacted the C/G and they said "call the manufacturer"...I just don't have the room the way things are laid out for a holding tank and until I can haul the

[piperca]

If you don't have a holding tank, you'll be forced to discharge the waste directly into the ocean. If you are within 3 miles, you'll be in violation. A holding tank is the only solution. I see no reason why anyone would need to discharge the waste from their head into the ocean when they are within reach of a pump out ... especially boats of our size and range. If you don't have room for a tank, get a portable head with a built in holding tank, as suggested by lokegirl48.

[BigJoe]

What model Jabsco do you have? I have 29090 the manual marine head with a holding tank in the hull. When boarded and inspected the asked to see the outlet valve for the holding tank for compliance. They were interested in two things that the thru-hull valve was closed, and that there was a loop or anti-siphon rigging in the output to the tank. The valve itself on the head, since I have rebuilt mine does not allow material in the head bowl to get discharged back out the input thru- hull for the water. That is the compliance. Water comes in sewage does not got out the input, and the output is to a holding device not overboard. If you look at the pump handle on the manual units they have two setting wet/dry the wet pumps water in and stuff out at the same time and the dry setting pumps stuff out with no water in. In both settings the outflow goes the same place, hopefully a holding tank. You are required to have the output thru-hull closed when within 3 miles of shore.

[kerncat]

Thanks to everyone for the input..I want a clean ocean as much as the next person and think the simple way for me because of the complexity of installing a holding tank after the fact (the bilge is full of all sorts of stuff that makes a ton of work to move it and install a tank), I think I'll just pull the manual Jabsco head, cap off the inlet ball valve or use the through hull to feed some other pump application, and install a simple port a potty that can be used for "emergencies", and dumped at the marina rest room or pumped out easilly..I just recently bought the boat and have been uncomfortable with the set up since I got the boat...I know dumping withing 3 miles is illegal and frankly I would prefer not to dump anywhere in the ocean and probably wouldn't have used the head except for real emergencies (lady on board) if necessary, under any cases and certainly not close in...just didn't want to have to go to a lot of expense and time for something that wouldn't get used anyway but I don't want to pay the ticket..so, dump the pump and get a port a potty...

As an aside, I wonder just how many boats are out of compliance? probably about the same number as the boats that skip stopping at customs when returning from Mexico..or that violate that "unknown law" requiring a US radio telephone ships license for a VHF radio if you venture into Mexican waters...both can be a big fine but lots of folks just don't care..an additional thing..I got borded about 1 1/2 years ago in Mission Bay on another boat with a head and I'd been fishing in Mexican waters..never asked about the head and never asked about the radio telephone license (had one)...only things like flares, lights, fire extinguishers, and pfd's...maybe the law has changed or enforcement has changed...don't know. Thanks again,
Kerncat

[Fog Ducker]

This thread is not about what I thought it was.