Rule 391-3-6-.04 - Marine Sanitation Devices(1) Purpose. The purpose of Rule 391-3-6-.04 is to prescribe procedures pertaining to construction, installation and operation of marine sanitation devices, facilities or methods of sewage disposal.(2)Definitions. All terms used in the Paragraph shall be interpreted in accordance with the definitions as set forth in the Act unless otherwise herein defined in this Paragraph or in any other Paragraph of these Rules. (a) "Boat" means any vessel or watercraft whether moved by oars, paddles, sails, or other power mechanism, inboard or outboard, or any other vessel or structure floating upon the waters of this State whether or not capable of self locomotion, including, but not limited to, cabin cruisers, houseboats, barges and similar floating objects.(b)"Marine Toilet" means any toilet on or within any boat.(c) "Other Disposal Unit" means any device on or within any boat, other than marine toilet, which is intended for use in the disposal of human body wastes or sewage.(d) "Blender" means any mechanical device capable of reducing sewage solids into a finely divided state such that a liquid disinfecting agent may be effectively dispersed throughout the blended sewage.(e) "Marine Sanitation Devices" mean any equipment of installation on a boat which is designed to receive, retain, treat or discharge sewage or any process to treat such sewage.(f) "Sewage," for the purposes of this Paragraph only, means water carried wastes, which are generated by human beings or their activities.(3) General Provisions. (a) Any marine toilet or other disposal unit located on or within any boat operated on waters of this State shall have securely affixed to the interior discharge toilet or unit a suitable marine sanitation device designed, constructed, and operated in accordance with requirements prescribed herein. All sewage passing into or through the marine toilet or other disposal unit shall discharge solely to the marine sanitation device.(b) This Paragraph shall not apply to ocean going vessels of 20 tons displacement or more.(4) Waste Treatment Devices and Equipment. (a) All discharges from marine sanitation devices into or upon the waters of this State shall be in compliance with the Federal standards of performance and regulations for marine sanitation devices promulgated pursuant to Section 312 of the Federal Act.(b) For vessels on the lakes listed in the Official Code of Georgia Annotated Section 12-5-29(c)as amended, it shall be unlawful for any person to operate or float a vessel having a marine toilet unless such marine toilet only discharges into a holding tank located on the vessel. It is further required that: 1. Such holding tank be constructed so as to prevent removal of the sewage held therein except by pumping:2. The holding tank be properly vented to the outside air in such fashion as not to foul the interior of the boat structure;3. Only those chemicals approved by the Division can be added to the holding tank; and4. The contents of the holding tank must be disposed of only through onshore facilities approved by the Division.(c) For vessels on the lakes referenced in paragraph (4)(b) of this section constructed on or before January 1, 1978, an extension shall be granted until December 31, 1991 for compliance with paragraph (4)(b) of this section. The Burden of Proof regarding the construction date of the vessel is the responsibility of the vessel owner. During the extension period those vessels found in violations of the provisions of the law will be issued a warning which will serve to notify each boater of the requirements to comply with paragraph (4)(b) of this section.(5)Right to Entry. Personnel of the Division or other duly authorized agents of the Department shall have access to any boat at reasonable times for the purposes of the determining whether or not there is compliance with the provisions of the Act and the rules of the Division.(6)Effective Date. This paragraph shall become effective twenty days after filing with the Secretary of State's Office.Ga. Comp. R. & Regs. R. 391-3-6-.04
Ga. L. 1964, p. 416, as amended; O.C.G.A. Sec. 12-5-20.
Original Rule entitled "Marine Sanitation Devices" was filed on June 10, 1974; effective June 30, 1974.Amended: F. Apr. 3, 1990; eff. Apr. 23, 1990.Amended: F. Jul. 6, 1990; eff. July 26, 1990.Amended: ER 391-3-6-0.24-.04 was f. May 1, 1992; eff. April 29, 1992, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this ER, as specified by the Agency.Amended: ER 391-3-6-0.24 has been repealed and a permanent Rule, same title, adopted. F. Aug. 19, 1992; eff. Sept. 8, 1992.Repealed: ER. 391-3-6-0.32-.04, of the same title, adopted. F. May 1, 1996; eff. April 25, 1996, the date of adoption, to remain in effect for the period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this ER is adopted, as specified by the Agency.Amended: Permanent Rule of same title adopted. F. Jul. 10, 1996; eff. July 30, 1996.