Section 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.