WILLIAM DONALD SCHAEFER, Governor                            Ch. 679

(C)      (1) A TYPE I OR TYPE II MARINE SANITATION DEVICE SHALL HAVE A
CERTIFICATION LABEL AFFIXED THAT AT A MINIMUM SHOWS:

(I)       THE NAME OF THE MANUFACTURER;

(II)     THE NAME AND MODEL NUMBER OF THE DEVICE;

(III)    THE MONTH AND YEAR OF MANUFACTURE;

(IV)    THE MARINE SANITATION DEVICE TYPE;

(V)     A CERTIFICATION NUMBER; AND

(VI)    A CERTIFICATION STATEMENT.

(2) A TYPE III MARINE SANITATION DEVICE IS AUTOMATICALLY
CERTIFIED, AND REQUIRES NO LABEL, PROVIDED IT STORES SEWAGE AND
FLUSHWATER ONLY, AT AMBIENT AIR TEMPERATURE AND PRESSURE.

(D)     (1) WHILE A VESSEL WITH AN INSTALLED TOILET IS ON MARYLAND
WATERS, THE OPERATOR SHALL INSURE THAT:

(I)       ALL PATHWAYS FOR OVERBOARD DISCHARGE OF VESSEL
SEWAGE FROM ANY VESSEL WITH A TYPE III MARINE SANITATION DEVICE ARE
BLOCKED OR SECURED IN SUCH A WAY AS TO PREVENT ANY ACCIDENTAL OR
INTENTIONAL VESSEL SEWAGE DISCHARGE, BY DISCONNECTING OR PHYSICALLY
BLOCKING THOSE ONBOARD SEWAGE LINES OR HULL FITTINGS WHICH WOULD
ALLOW FOR OVERBOARD VESSEL SEWAGE DISCHARGE; AND

(II)     ANY INSTALLED IN-LINE Y VALVE SHALL BE POSITIONED AND
SECURED TO PREVENT THE OVERBOARD DISCHARGE OF SEWAGE FROM ANY
VESSEL UTILIZING A TYPE III MARINE SANITATION DEVICE, BY BYPASSING,
LOCKING, SECURING, OR DISABLING THE VALVE USING A PADLOCK OR
NONREUSABLE WIRE TIE WRAP, OR BY REMOVAL OF THE VALVE HANDLE, OR BY
ANY OTHER METHOD IN ACCORDANCE WITH FEDERAL REGULATIONS AND
STANDARDS OR AS APPROVED OR REQUIRED BY THE DEPARTMENT.

(2) THE CHOSEN COMPLIANCE METHOD UNDER PARAGRAPH (1)(II) OF
THIS SUBSECTION SHALL TOTALLY ELIMINATE THE POSSIBILITY OF OVERBOARD
VESSEL SEWAGE DISCHARGE WHILE IN WATERS OF THE STATE. THE METHOD
CHOSEN SHALL PRESENT A PHYSICAL BARRIER TO THE USE OF THE Y VALVE,
WHETHER ACCIDENTAL OR INTENTIONAL, SO THAT USE OF THE VALVE CANNOT
OCCUR WITHOUT THE KNOWLEDGE OF THE OPERATOR OF THE VESSEL.

(E)     FOR ANY VESSEL OFFERED AS A NONCAPTAINED CHARTER, THE LEASING
ENTITY SHALL:

(1)      ENSURE THAT THE VESSEL COMPLIES WITH THIS SECTION WHEN
PRESENTED TO THE LESSOR; AND

(2)      INCLUDE IN THE LEASE AGREEMENT, SIGNED BY THE LEASING
PARTY, A PARAGRAPH OUTLINING THE OPERATOR'S RESPONSIBILITIES UNDER THIS
SECTION.

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