2019 Georgia Code
Title 52 - Waters of the State, Ports, and Watercraft
Chapter 7 - Registration, Operation, and Sale of Watercraft
Article 1 - General Provisions
§ 52-7-8.4. Prohibition of discharge of sewage into estuarine; definitions; establishment of anchorage areas; secured mechanism preventing discharge; record keeping; safe harbor; exceptions

• (a) The General Assembly finds that, because of the frequency of live-aboard vessels utilizing the estuarine areas of this state, it is necessary for the protection of the public health, safety, and welfare to prohibit the discharge of sewage from such vessels into estuarine areas of this state. It is declared to be the intent of the General Assembly to protect and enhance the quality of the waters of such estuarine areas by requiring greater environmental protection than is provided pursuant to Section 312 of the federal Water Pollution Control Act, as amended, such that any discharge of sewage from a live-aboard vessel into the waters of such estuarine areas shall be prohibited.

• (b) As used in this Code section, the term:

  • (1) "Anchorage areas" means those areas established by the department within estuarine areas whereby a vessel may anchor at night.

  • (2) "Eligible facility" means a dock facility with a vessel sewage pumpout disposal system approved by the department.

  • (3) "Estuarine areas" means all tidally influenced waters, marshes, and marshlands lying within a tide-elevation range from 5.6 feet above mean tide level and below.

  • (4) "Live-aboard vessel" means a floating vessel or other watercraft capable of safe, mechanically propelled navigation under average Georgia coastal wind and current conditions which is utilized as a human or animal abode.

  • (5) "Night" means between the hours of 30 minutes after sunset and 30 minutes before sunrise.

• (c) The board is authorized to adopt and promulgate rules and regulations relating to overnight or long-term anchoring within the estuarine areas of this state to include the establishment of an anchorage permit.

• (d) The department is authorized to establish anchorage areas within the estuarine areas of this state as well as areas where anchoring is not allowed.

• (e) It shall be unlawful for any person to dock or anchor at night any vessel within the estuarine areas of this state unless it is in an anchorage area established by the department and in compliance with all rules and regulations adopted by the board pursuant to this Code section or at an eligible facility. Nothing in this Code section shall prohibit short-term anchoring for fishing or similar activities, nor shall it prohibit the owner of a vessel from docking at a private recreational dock or noneligible facility so long as such vessel is not utilized as a live-aboard vessel.

• (f) It shall be unlawful for any person to operate or float any live-aboard vessel within the estuarine areas of this state, whether anchored or not, from which sewage, treated or untreated, is discharged into such estuarine areas.

• (g) It shall be unlawful to operate or float any live-aboard vessel within the estuarine areas of this state, whether anchored in an anchorage area or at an eligible facility, which has located within or on such vessel a Type I, Type II, or Type III Marine Sanitation Device, as defined in 33 C.F.R. 159, unless such device has a secured mechanism which is constructed and installed in such a manner that it can be emptied only by pumping out to prevent discharge of treated and untreated sewage or is equipped with a holding tank, as such term is defined in Code Section 52-7-3. Examples of secured mechanisms considered to be effective at preventing discharges include, but are not limited to, closing the seacock and padlocking, using a non-releasable wire tie, or removing the seacock handle with the seacock in the closed position.

• (h) Persons operating or floating live-aboard vessels with marine toilets and subject to the requirements of this Code section shall create and maintain for at least one year after creation records which indicate the name and location of pump-out facilities used and the dates of such use. Persons who own or operate pump-out facilities shall also create a record and maintain, for at least one year after creation, records which indicate the name and vessel registration number, the date of pump-out, and verification of pump-out for each vessel for which pump-out services are performed.

• (i) In the event that any provision of this Code section is found to conflict with the federal Water Pollution Control Act, as now or hereafter amended, such federal act shall control.

• (j) No part of this Code section shall restrict the ability of vessels to seek safe harbor in the event of dangerous weather or mechanical failure. A reasonable period of time whereby a vessel owner may seek safe harbor shall not exceed seven days.

• (k) Exemptions to the requirements in this Code section may be granted by the department for unique circumstances such as, but not limited to, certain commercial or educational activities. Conditional permission shall be granted by the commissioner or his or her designee.

Code 1981, § 52-7-8.4, enacted by Ga. L. 2019, p. 741, § 1/HB 201.