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CODE OF FEDERAL REGULATIONS – TITLE
33 – NAVIGATION AND NAVIGABLE WATERS
PART 159—MARINE SANITATION DEVICES
Subpart A—General
Sec. 159.1—Purpose
This part prescribes regulations governing the
design and construction of marine sanitation devices and procedures
for certifying that marine sanitation devices meet the regulations
and the standards of the Environmental Protection Agency promulgated
under section 312 of the Federal Water Pollution Control Act
(33 U.S.C. 1322), to eliminate the discharge of untreated
sewage from vessels into the waters of the United States,
including the territorial seas. Subpart A of this part contains
regulations governing the manufacture and operation of vessels
equipped with marine sanitation devices.
Sec. 159.3—Definitions
In this part:
Coast Guard means the Commandant or his authorized
representative.
Discharge includes, but is not limited to, any
spilling, leaking, pouring, pumping, emitting, emptying, or
dumping.
Existing vessel includes any vessel, the construction
of which was initiated before January 30, 1975.
Fecal coliform bacteria are those organisms
associated with the intestine of warm-blooded animals that
are commonly used to indicate the presence of fecal material
and the potential presence of organisms capable of causing
human disease.
Inspected vessel means any vessel that is required
to be inspected under 46 CFR Ch. I.
Length means a straight line measurement of
the overall length from the foremost part of the vessel to
the aftermost part of the vessel, measured parallel to the
centerline. Bow sprits, bumpkins, rudders, outboard motor
brackets, and similar fittings or attachments are not to be
included in the measurement.
Manufacturer means any person engaged in manufacturing,
assembling, or importing of marine sanitation devices or of
vessels subject to the standards and regulations promulgated
under section 312 of the Federal Water Pollution Control Act.
Marine sanitation device and device includes
any equipment for installation on board a vessel which is
designed to receive, retain, treat, or discharge sewage, and
any process to treat such sewage.
New vessel includes any vessel, the construction
of which is initiated on or after January 30, 1975.
Person means an individual, partnership, firm,
corporation, or association, but does not include an individual
on board a public vessel.
Public vessel means a vessel owned or bare-boat
chartered and operated by the United States, by a State or
political subdivision thereof, or by a foreign nation, except
when such vessel is engaged in commerce.
Recognized facility means any laboratory or
facility listed by the Coast Guard as a recognized facility
under this part.
Sewage means human body wastes and the wastes
from toilets and other receptacles intended to receive or
retain body waste.
Territorial seas means the belt of the seas
measured from the line of ordinary low water along that portion
of the coast which is in direct contact with the open sea
and the line marking the seaward limit of inland waters, and
extending seaward a distance of 3 miles.
Type I marine sanitation device means a device
that, under the test conditions described in Secs. 159.123
and 159.125, produces an effluent having a fecal coliform
bacteria count not greater than 1,000 per 100 milliliters
and no visible floating solids.
Type II marine sanitation device means a device
that, under the test conditions described in Secs. 159.126
and 159.126a, produces an effluent having a fecal coliform
bacteria count not greater than 200 per 100 milliliters and
suspended solids not greater than 150 milligrams per liter.
Type III marine sanitation device means a device
that is designed to prevent the overboard discharge of treated
or untreated sewage or any waste derived from sewage.
Uninspected vessel means any vessel that is
not required to be inspected under 46 CFR Chapter I.
United States includes the States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Canal Zone, and the Trust Territory
of the Pacific Islands.
Vessel includes every description of watercraft
or other artificial contrivance used, or capable of being
used, as a means of transportation on the waters of the United
States.
[CGD 96-026, 61 FR 33668, June 28, 1996,
as amended by CGD 95-028, 62 FR 51194, Sept. 30, 1997]
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