§ 46-12-39.1. No discharge certificate decal - Required. (a) Definitions. As used in this section and in conjunction with this chapter, the following terms shall be construed as follows:

(1) "Certification agent" means a marina or boatyard which is capable of installing sewage disposal holding tanks and related equipment; a certified marine sewage pump-out facility, including a mobile facility; other established marine businesses, included, but not limited to, marine surveyors and mobile marine repair facilities, that are experienced in the evaluation, repair and/or installation of boat sewage systems; and local harbor masters and assistant harbor masters.

(b) No person shall operate or moor for more than thirty (30) days, a boat in the waters of the state, that has a permanently installed marine toilet unless such boat displays in a prominent position an approved "no discharge certificate decal."

(c) Subsection 45-12-39.1(b) shall not apply to any vessel carrying a valid certificate of inspection issued by the U.S. Coast Guard pursuant to title 46 of the U.S. Code.

(d) Two (2) no discharge certificate decals, differing in color, shall be made available by the department of environmental management for issuance to boats subject to the requirements of this section.

(1) Decals of one color shall signify that the recipient boat has a marine toilet, in proper working order, which is either a marine sanitation device-type I, a marine sanitation device-type II, or a marine sanitation device-type III with a holding tank and through-hull fitting that would allow sewage to be discharged overboard, but the boat owner or operator had taken the steps necessary to prevent the discharge of sewage into the waters of the state.

(2) Decals of the other color shall signify that the recipient boat either has a marine sanitation device-type III with a holding tank and no through-hull fitting that would allow sewage to be discharged overboard, or no marine toilet at all.

(e) Certification shall remain in effect for forty-eight (48) months after each certification, and no additional certification shall be required during that period.

(f) The department of environmental management shall collect and deposit into a separate general revenue account a fee of ten dollars ($10.00) for each certificate to defray the cost of implementation of this section.

(g) Certificate decals may be obtained from any certification agent.

(h) Before a certificate decal may be issued, a certification agent must visually inspect each permanently installed marine toilet on a boat, as well as any associated plumbing or holding tank fixtures, to ascertain whether the boat is in compliance with § 46-12-39. If necessary, the certification agent shall perform a color-dye flush test of each toilet to verify compliance.

(i) For inspections conducted pursuant to this section, certification agents may collect and retain a fee, not to exceed twenty-five dollars ($25.00) for each permanently installed marine toilet aboard each boat. This fee shall be in addition to the minimum ten dollar ($10.00) fee for each decal issued, which certification agents shall collect and forward to the department of environmental management pursuant to subsection (f) above.

History of Section. (P.L. 2004, ch. 338, § 1; P.L. 2004, ch. 399, § 1; P.L. 2005, ch. 243, § 1; P.L. 2006, ch. 45, § 1; P.L. 2006, ch. 181, § 1; P.L. 2006, ch. 201, § 1.)