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

[Dan & Peggy B.]

----- Original Message -----
From: Dan & Peggy B.
To: Al Thomason
Sent: Sunday, April 08, 2007 4:18 PM
Subject: Re: GL: Head configuration required on Lake Champlain Fed vs. state?


State and Local laws can be more restrictive than Federal law but not less
restrictive.


  ----- Original Message -----
  From: Al Thomason
  To: great-loop@lists.samurai.com
  Sent: Sunday, April 08, 2007 3:01 PM
  Subject: Re: GL: Head configuration required on Lake Champlain Fed vs.
state?


  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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