§ 33-e. Marine sanitation devices aboard vessels in vessel waste no-discharge zones. 1. Any waters of the state of which the commissioner has received an affirmative determination regarding the adequate availability of marine sanitation device pump-out or dump station facilities pursuant to the Federal Clean Water Act, are hereby designated as vessel waste no-discharge zones.

2. It shall be unlawful for any operator or person in control of a vessel being operated upon any waters of the state designated as vessel waste no-discharge zones to discharge sewage from marine toilets into such waters. Any marine sanitation device on board any vessel being operated in such waters must be secured to prevent any marine sanitation device discharges to such waters. In accordance with federal requirements, any marine sanitation device aboard any vessel being operated upon any waters within such vessel waste no-discharge zone shall be secured by closing the seacock and padlocking, using a non-releasable 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. If a marine sanitation device on any such vessel provides a means of discharging sewage directly to such waters, the discharge valve must be secured in a readily visible manner and closed position while the vessel is being operated upon such waters.

Use of a padlock, heavy non-resealable tape, wire-tie, 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. It is unlawful for any person operating or in control of a vessel with a marine sanitation device on board to operate or control such vessel in a vessel waste no-discharge zone when the marine sanitation device is not secured in the manner described herein.

3. The provisions of subdivision two of this section, requiring that marine sanitation devices be rendered inoperable, 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 located within a vessel waste no-discharge zone.

4. Any vessel being operated upon waters of the state that have been designated as vessel waste no-discharge zones may be boarded and inspected by the department or health department or any lawfully designated agents or inspectors thereof, acting pursuant to their special duties in accordance with subdivision nine of section thirty-three-c of this article for the purpose of determining whether such vessel is being operated in compliance with this section.

5. Failure to comply with the provisions of this section shall be a violation punishable by a fine not to exceed five hundred dollars. Any subsequent failure by the same operator or person in control of a vessel to comply with the provisions of this section shall be a violation punishable by a fine not to exceed one thousand dollars.