Amends TCA Title 68, Chapter 102, Part 6; Title 69 and Title 70.
Except to the extent permitted by federal law and in order to protect the health and safety of persons using the waters of the state, present law prohibits a person from operating or using a vessel capable of discharging untreated sewage from such vessel into the waters of this state. It is also unlawful to discharge treated or untreated sewage into the waters of the state lawfully designated as no discharge. Such designation must be based on the criteria as established by the United States environmental protection agency for determining discharge/no discharge waters regarding marine sanitation devices. Any such discharge of sewage from a vessel will be prima facie evidence that the discharge was done by the operator, or owner if the operator cannot be determined, of such vessel; further, where such discharges are allowed under the federal Clean Water Act, and its implementing regulations, United States coast guard approved Type I and Type II marine sanitation devices are the only acceptable discharge treatment devices that may be used on the waters of this state, except that only Type II discharge devices may be used on vessels over 65 feet in length unless otherwise provided by rule or regulation. The agency may establish by rule and regulation a system of inspection for compliance to be conducted by a properly trained, qualified and bonded private individual. This system must in no way affect inspections as permitted under law.<br /> <br /> Present law authorizes any person affected by a decision of the agency to appeal such decision to the fish and wildlife commission. This bill removes this provision.<br /> <br /> This bill also adds that it is a violation, subject to the penalties in the Tennessee Boating Safety Act of 1965, for a person to do the following: <br /> <br /> (1) Engage in an activity, including fishing, that inhibits the use of a public access area, or launching area, for a period of time beyond that associated with the customary launching and retrieval of recreational boats; or <br /> <br /> (2) Swim, fish, or engage in another activity that interferes with the intended use of a dock, or causes damage to a dock, boat, or marina.<br />
Except to the extent permitted by federal law and in order to protect the health and safety of persons using the waters of the state, present law prohibits a person from operating or using a vessel capable of discharging untreated sewage from such vessel into the waters of this state. It is also unlawful to discharge treated or untreated sewage into the waters of the state lawfully designated as no discharge. Such designation must be based on the criteria as established by the United States environmental protection agency for determining discharge/no discharge waters regarding marine sanitation devices. Any such discharge of sewage from a vessel will be prima facie evidence that the discharge was done by the operator, or owner if the operator cannot be determined, of such vessel; further, where such discharges are allowed under the federal Clean Water Act, and its implementing regulations, United States coast guard approved Type I and Type II marine sanitation devices are the only acceptable discharge treatment devices that may be used on the waters of this state, except that only Type II discharge devices may be used on vessels over 65 feet in length unless otherwise provided by rule or regulation. The agency may establish by rule and regulation a system of inspection for compliance to be conducted by a properly trained, qualified and bonded private individual. This system must in no way affect inspections as permitted under law.<br /> <br /> Present law authorizes any person affected by a decision of the agency to appeal such decision to the fish and wildlife commission. This bill removes this provision.<br /> <br /> This bill also adds that it is a violation, subject to the penalties in the Tennessee Boating Safety Act of 1965, for a person to do the following: <br /> <br /> (1) Engage in an activity, including fishing, that inhibits the use of a public access area, or launching area, for a period of time beyond that associated with the customary launching and retrieval of recreational boats; or <br /> <br /> (2) Swim, fish, or engage in another activity that interferes with the intended use of a dock, or causes damage to a dock, boat, or marina.<br />
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