GL: State vs. Federal potty regulations

[Keith]

OK, straight from the CFR (Code of Federal Regulations):
_____________________________________
TITLE 33 > CHAPTER 26 > SUBCHAPTER III > ' 132

' 1322. Marine sanitation devices

  (f)  Regulation by States or political subdivisions thereof; complete
prohibition upon discharge of sewage
  (1)
  (A) Except as provided in subparagraph (B), after the effective date
of the initial standards and regulations promulgated under this section,
no State or political subdivision thereof shall adopt or enforce any
statute or regulation of such State or political subdivision with
respect to the design, manufacture, or installation or use of any marine
sanitation device on any vessel subject to the provisions of this section.

  (B) A State may adopt and enforce a statute or regulation with respect
to the design, manufacture, or installation or use of any marine
sanitation device on a houseboat, if such statute or regulation is more
stringent than the standards and regulations promulgated under this
section. For purposes of this paragraph, the term "houseboat" means a
vessel which, for a period of time determined by the State in which the
vessel is located, is used primarily as a residence and is not used
primarily as a means of transportation.
______________________________________
States can only adopt regulations more stringent than Federal ones for 
houseboats, used as residences. Read the last line, "...and is not used 
primarily as a means of transportation." Of course I fully expect folks to 
argue with the regulations as written. If anyone can offer any other hard 
sources of information, I'd like to see them. Sorry, Federal does trump 
state, or local. Like I said earlier, that doesn't mean you won't get a 
ticket... you know how Venice, FL, is.

Another posted mentioned "no discharge" zones. It's been illegal to dump 
untreated waste within 3 miles of the US coast or in lakes for years. All 
the "no discharge" zones do is make it illegal to use a type I or II device, 
like a Lectrasan. Some people will argue that "no discharge" zones mean you 
can't even dump dishwater in the water. Not true.


Keith
_____
"Lighten up, Francis" - Sgt. Hulka, Stripes