Section 95.8. Marine sanitation devices

(a) On waters of this Commonwealth, boats which have toilet facilities (a head) permanently installed shall be equipped with a United States Coast Guard certified Marine Sanitation Device (MSD), designed to receive, retain, treat or discharge human body wastes in accordance with applicable Federal requirements. This section applies only to boats equipped with permanently installed toilet facilities and does not require the installation of this type of facility in boats not already so equipped.

(b) A no-discharge type MSD, Type III or a Type I or II secured against discharge is required in boats operated on no-discharge waters. No-discharge waters are fresh waters not open to interstate passage of any type boats which might have marine toilets installed. All sole Commonwealth waters, including Federal impoundments are no-discharge waters. A boat equipped with a flow-through MSD, Type I or Type II, which has been secured by a locked shut-off valve, broken line or blanked-off hull opening to prevent overboard discharge shall be considered equipped with a no-discharge type MSD.

(c) A flow-through type MSD, Type I or Type II, as well as, equipment allowed on no-discharge waters may be used in boats operated on treated discharge waters. These are waters open to interstate navigation by the type boat here involved. These waters include the major rivers, Allegheny Reservoir, Youghiogheny Reservoir and Lake Erie.

(d) The use of portable toilets that can be emptied ashore in regular sewage treatment systems is entirely within the spirit and letter of this subpart and is encouraged.

(e) If the MSD was manufactured after January 30, 1976, proof of its being certified by the United States Coast Guard will be evidenced by its label.

The provisions of this § 95.8 adopted June 3, 1994, effective June 4, 1994, 24 Pa.B. 2795.