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An Act relative to discharging sewage from marine vessels into waters of the commonwealth designated as no discharge areas. |
Be it enacted by the Senate and House
of Representatives in General Court assembled, and by the authority of the
same, as follows:
SECTION 1. Section 1 of chapter 90B of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting, after the definition of “Owner”, the following definition:-
“Person”, a natural person, corporation, association, partnership or other legal entity including any agency or political subdivision of the commonwealth.
SECTION 2. Said chapter 90B is hereby further amended by inserting after section 5B the following section:-
Section 5C. No person shall discharge any sewage, whether treated or not, from a marine sanitation device into any waters of the commonwealth designated by the secretary of environmental affairs as a no discharge area pursuant to 33 U.S.C. 1322(n). A violation of this section shall be punished by a fine of not more than $2,000.00.
SECTION 3. Section 11 of said chapter 90B of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after subsection (o), the following subsection:-
(p) Implement and enforce the provisions of 33 U.S.C. § 1322 concerning marine sanitation devices.
SECTION 4. Section 14 of said chapter 90B of the General Laws, as so appearing, is hereby amended by inserting after subsection (c) the following subsection:-
(d) A person who knowingly violates section 5C or any rule or regulation promulgated pursuant thereto shall be subject to a civil administrative penalty not to exceed $2,000.00 per violation. Fault or other facts concerning the violation may be considered in assessing the civil administrative penalty. Said administrative penalty, including judicial review thereof, shall be assessed and collected, including all costs and interest and attorney’s fees, by the director or other appropriate enforcement official in accordance with the provisions of section 10G of chapter 21A. The director shall refuse to issue an original certificate of number or shall revoke or refuse to renew the certificate of number for any boat owned by a person who fails to pay such civil administrative penalty and any related penalties, interest, attorney’s fees or costs, until such payment is made in full. Sums recovered under this subsection shall be collected and deposited into the General Fund.
SECTION 5. This act shall take effect upon its passage.