[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR140.3]

[Page 364-365]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 140_MARINE SANITATION DEVICE STANDARD--Table of Contents
 
Sec. 140.3  Standard.

    (a) (1) In freshwater lakes, freshwater reservoirs or other 
freshwater impoundments whose inlets or outlets are such as to prevent 
the ingress or egress by vessel traffic subject to this regulation, or 
in rivers not capable of navigation by interstate vessel traffic subject 
to this regulation, marine sanitation devices certified by the U.S. 
Coast Guard (see 33 CFR part 159, published in 40 FR 4622, January 30, 
1975), installed on all vessels shall be designed and operated to 
prevent the overboard discharge of sewage, treated or untreated, or of 
any waste derived from sewage. This shall not be construed to prohibit 
the carriage of Coast Guard-certified flow-through treatment devices 
which have been secured so as to prevent such discharges.
    (2) In all other waters, Coast Guard-certified marine sanitation 
devices installed on all vessels shall be designed and operated to 
either retain, dispose of, or discharge sewage. If the device has a 
discharge, subject to paragraph (d) of this section, the effluent shall 
not have a fecal coliform bacterial count of greater than 1,000 per 100 
milliliters nor visible floating solids. Waters where a Coast Guard-
certified marine sanitation device permitting discharge is allowed 
include coastal waters and estuaries, the Great Lakes and inter-
connected waterways, fresh-water lakes and impoundments accessible 
through locks, and other flowing waters that are navigable interstate by 
vessels subject to this regulation.
    (b) This standard shall become effective on January 30, 1977 for new 
vessels and on January 30, 1980 for existing vessels (or, in the case of 
vessels owned and operated by the Department of Defense, two years and 
five years, for new and existing vessels, respectively, after 
promulgation of implementing regulations by the Secretary of Defense 
under section 312(d) of the Act).
    (c) Any vessel which is equipped as of the date of promulgation of 
this regulation with a Coast Guard-certified flow-through marine 
sanitation device meeting the requirements of paragraph (a)(2) of this 
section, shall not be required to comply with the provisions designed to 
prevent the overboard discharge of sewage, treated or untreated, in 
paragraph (a)(1) of this section, for the operable life of that device.
    (d) After January 30, 1980, subject to paragraphs (e) and (f) of 
this section, marine sanitation devices on all vessels on waters that 
are not subject to a prohibition of the overboard discharge

[[Page 365]]

of sewage, treated or untreated, as specified in paragraph (a)(1) of 
this section, shall be designed and operated to either retain, dispose 
of, or discharge sewage, and shall be certified by the U.S. Coast Guard. 
If the device has a discharge, the effluent shall not have a fecal 
coliform bacterial count of greater than 200 per 100 milliliters, nor 
suspended solids greater than 150 mg/1.
    (e) Any existing vessel on waters not subject to a prohibition of 
the overboard discharge of sewage in paragraph (a)(1) of this section, 
and which is equipped with a certified device on or before January 30, 
1978, shall not be required to comply with paragraph (d) of this 
section, for the operable life of that device.
    (f) Any new vessel on waters not subject to the prohibition of the 
overboard discharge of sewage in paragraph (a)(1) of this section, and 
on which construction is initiated before January 31, 1980, which is 
equipped with a marine sanitation device before January 31, 1980, 
certified under paragraph (a)(2) of this section, shall not be required 
to comply with paragraph (d) of this section, for the operable life of 
that device.
    (g) The degrees of treatment described in paragraphs (a) and (d) of 
this section are ``appropriate standards'' for purposes of Coast Guard 
and Department of Defense certification pursuant to section 312(g)(2) of 
the Act.

[41 FR 4453, Jan. 29, 1976, as amended at 60 FR 33932, June 29, 1995]