1. A person shall not maintain or operate upon the waters of this State any vessel which is equipped with a marine sanitation device unless the device is approved by the United States Coast Guard and:

(a) Is designed to prevent the overboard discharge of treated and untreated sewage; or

(b) Is adequately secured to prevent the overboard discharge of treated and untreated sewage.

2. It is unlawful for any person to discharge or attempt to discharge sewage from a vessel into the waters of this State.

3. The Commission shall adopt regulations:

(a) That it determines are necessary to carry out the provisions of this section; and

(b) Establishing a schedule of civil penalties for various violations of this section and those regulations.

4. A person who violates any provision of this section or the regulations adopted pursuant to subsection 3:

(a) Is guilty of a misdemeanor; and

(b) In addition to any criminal penalty, is subject to:

(1) The suspension of the certificate of number of his or her vessel for 180 consecutive days; and

(2) A civil penalty of not less than $250, as established in regulations adopted by the Commission, payable to the Department.

5. As used in this section, unless the context otherwise requires:

(a) “Discharge” means to spill, leak, pump, pour, emit, empty or dump sewage into the water.

(b) “Marine sanitation device” means a toilet facility which is installed on board a vessel and which is designed to receive, retain, treat or discharge sewage, and any process to treat that sewage. The term does not include portable devices which are designed to be carried onto and off of a vessel.

(c) “Sewage” means wastes from the human body and wastes from toilets or other receptacles, including marine sanitation devices, designed to receive or retain wastes from the human body.

(d) “Vessel” includes any watercraft or structure floating on the water, whether or not capable of self-locomotion, including houseboats, barges and similar structures.

(Added to NRS by 1993, 56; A 2003, 1577)