312 Ind. Admin. Code 5-5-2

Current through October 31, 2024
Section 312 IAC 5-5-2 - Sewage disposal from a boat

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3

Affected: IC 14

Sec. 2.

(a) Except as provided in subsection (c), a person must not keep, maintain, or operate upon public water a boat that is equipped with a water closet or toilet unless the water closet or toilet is equipped with a Type III marine sanitation device with the capacity to store wastes for subsequent disposal at:
(1) an approved shoreside facility or incinerator; or
(2) a treatment system approved by the Indiana department of environmental management according to rules adopted by the:
(A) solid waste management board; or
(B) water pollution control board.
(b) Except as provided in subsection (c), a person may not dispose of sewage accumulated in a Type III marine sanitation device or any other container on a boat in a manner that the sewage reaches or may reach public waters, except through a sewage disposal facility approved by the Indiana department of environmental management according to rules adopted by the:
(1) solid waste management board; or
(2) water pollution control board.
(c) A person who maintains or operates a boat, upon Lake Michigan or another waterway described in 40 CFR 140.3, that is equipped with a Type I marine sanitation device or a Type II marine sanitation, must comply with 33 CFR 159 and 40 CFR 140.
(d) The following definitions apply throughout this section:
(1) "Sewage" means human bodily wastes.
(2) "Type I marine sanitation device" has the meaning set forth at 40 CFR 140.3.
(3) "Type II marine sanitation device" has the meaning set forth at 40 CFR 140.3.
(4) "Type III marine sanitation device" has the meaning set forth at 40 CFR 140.3.

312 IAC 5-5-2

Natural Resources Commission; 312 IAC 5-5-2; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2372, eff Jan 1, 2002; readopted filed May 29, 2008, 1:53 p.m.: 20080625-IR-312080057RFA; errata filed Jun 2, 2009, 10:29 a.m.: 20090624-IR-312090386ACA; Readopted filed 7/17/2014, 3:46 p.m.: 20140813-IR-312140067RFA
Readopted filed 9/16/2020, 8:15 a.m.: 20201014-IR-312200355RFA