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Session Law

2008

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Chapter 495 AN ACT RELATIVE TO DISCHARGING SEWAGE FROM MARINE VESSELS INTO WATERS OF THE COMMONWEALTH DESIGNATED AS NO DISCHARGE AREAS.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to protect the waters of the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1. Section 10H of chapter 21A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following paragraph:-

A person notified to appear before the clerk of a district court as provided in said section 10G for a violation of section 5C of chapter 90B may appear and pay a fine of $2,000. For the purposes of this paragraph, “person” shall mean a natural person, corporation, association, partnership or other legal entity or other legal agency or political subdivision of the commonwealth.

SECTION 2. Section 1 of chapter 90B of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Owner” the following definition:-

“Person”, a natural person, corporation, association, partnership or other legal entity or other legal agency or political subdivision.

SECTION 3. Said chapter 90B is hereby further amended by inserting after section 5B the following section:-

Section 5C. Any person that discharges sewage, whether treated or not, from a marine sanitation device into any waters of the commonwealth designated by the secretary of environmental affairs as a no discharge area pursuant to 33 U.S.C. 1322 shall be punished by a fine not to exceed $2,000 for each violation of this section.

If a person defaults in the payment of a fine imposed for a violation of this section, or any portion thereof, the court shall cause a copy of the court record reflecting such default to be transmitted forthwith to the director. The court shall send a new copy of such person’s court record to the director upon satisfaction of the fine. After receipt of a court record showing a default for nonpayment of a fine, or portion thereof, the director shall not issue an original certificate of number or renew a certificate of number to the person in default for any boat owned by such person until notified that such fine is satisfied. If a certificate of number was issued to such person prior to receipt of the record showing a default for nonpayment of a fine, or portion thereof, the director shall revoke such certificate of number for any boat owned by such person until notified that such fine is satisfied.

Notwithstanding section 10G of chapter 21A, all fines collected pursuant to this section shall be paid to the commonwealth for deposit into the General Fund.

Approved January 13, 2009


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