GL: Head configuration required on Lake Champlain Fed vs. state?

[Al Thomason]

So,

A question that has always bothered me on this subject...   How is it that 
the following Vermont state statute supersedes federal code?  I am in no way 
a lawyer, but I was always under the impression that when the Fed gov. put 
into place a federal law on a topic, that law would supersede any and all 
local and/or state statutes.

Below we can see in rather plain language how the Vermont State law is 
written, and before we got a sample of the Fed code:

  33 CFR 159.7 (c) When operating a vessel on a body of water where the 
discharge of untreated sewage is prohibited by the Environmental Protection 
Agency under 40 CFR 140.3, the operator must secure each Type III device in 
a
manner which prevents discharge of sewage. Acceptable methods of securing 
the device include--
    (1) Closing each valve leading to an overboard discharge and removing 
the handle;
    (2) Padlocking each valve leading to an overboard discharge in the 
closed position; or
    (3) Using a non-releasable wire-tie to hold each valve leading to an 
overboard discharge in the closed position.


Which is rather clear that closing a valve and placing it in such a way as 
to make it hard to open (e.g. wire tie it) is only level required...

Anyone?

-al-


----- Original Message ----- 
From: "Peter Brownell" <peter@peterbrownell.com>
To: <great-loop@lists.samurai.com>
Sent: Sunday, April 08, 2007 12:12 PM
Subject: GL: Head configuration required on Lake Champlain


> Just one added note, on Lake Champlain, in both Vermont and New York,
> you are actually required to disconnect and store any line that would
> allow you to pump overboard from your holding tank.  This is the
> applicable section of the Vermont Statute.  New York statute is almost
> exactly the same:
>
>  (e) Every marine toilet on board any vessel operated on the waters of
>  the state shall also incorporate or be equipped with a holding tank.
>  Any holding tank designed so as to provide for an optional means of
>  discharge to the waters on which the vessel is operating shall have
>  the discharge openings sealed shut and any discharge lines, pipes, or
>  hoses shall be disconnected and stored while the vessel is in the
>  waters of this state.
>
> The law enforcement folks are pretty serious about this one.  It is a
> hassle but we generally end up disconnecting the discharge line from the
> holding tank somewhere on the Hudson before we enter the Troy Lock
> traveling north. Hope this doesn't discourage anyone from coming up here.
> Lake Champlain is one of the highlights of the Great Loop trip.
> Best Peter & Linda :-)
> -------------------------
> Peter Brownell, MV Destiny
> Lake Champlain, VT
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