Marine Sanitation Devices
[Table 4.5]

 

State

What are the penalties for misuse or failure to equip a vessel with a Marine Sanitation Device in your state?

What are the penalties for illegal dumping/discharge of a Marine Sanitation Device in your state?

Alabama

Not every vessel is required to be equipped with an msd (federal standard applies). For vessels that are equipped with an msd and misuse it, the penalty is a fine of not less than $100 or more than $1000. First time offenders are given a warning and have 90 days to come into compliance with the act. If they fail to do so, a citation is written and the above stated penalty goes into effect. 

The penalty is a fine of not less than $100 or more than $1000. First time offenders are given a warning and have 90 days to come into compliance with the act. If they fail to do so, a citation is written and the above stated penalty goes into effect. 

Alaska

N/A 

N/A 

American Samoa

$1,000 fine 

$1,000 fine 

Arizona

 

 

Arkansas

Fined $100 to $1,000 and/or up to 3 months in jail. Also may be assessed an administrative civil penalty not to exceed one thousand dollars ($1,000) per violation 

Same as #56. 

Australia

 

 

British Columbia

 

 

California

Violation of the CA Health & Safety Code, Article 4 is a misdemeanor. 

Violation of the CA Health & Safety Code, Article 4 is a misdemeanor. 

Colorado

$50 

up to $25,000.00 

Connecticut

Infraction $75. fine 

Class 'A' misdemeanor $75. fine  

Delaware

fine of 25 dollars 

$100.00 

District of Columbia

Criminal Citation for violation of 19 DCMR 1033.1 Fine is $100.00 

Criminal Citation for violation of 19 DCMR 1033.1 Fine is $100.00 

Florida

Non-criminal infraction with a $56 penalty. 

Non-criminal infraction with a $250 penalty. 

Georgia

Misdemeanor 

Misdemeanor 

Guam

Up to the Court 

Up to the Court 

Hawaii

¬ß13-242-13 Fines and penalties. Pursuant to section 200-25, Hawaii Revised Statutes, any person violating any of these rules, shall be fined not more than $1,000 or imprisoned not more than one year, or both; provided that, in addition to or as a condition to the suspension of the fines and penalties, the court may deprive the offender of the privilege of operating any vessel, on the waters of the State for a period of not more than two years. 

¬ß13-242-13 Fines and penalties. Pursuant to section 200-25, Hawaii Revised Statutes, any person violating any of these rules, shall be fined not more than $1,000 or imprisoned not more than one year, or both; provided that, in addition to or as a condition to the suspension of the fines and penalties, the court may deprive the offender of the privilege of operating any vessel, on the waters of the State for a period of not more than two years.  

Idaho

$57 infraction 

$57 infraction 

Illinois

Petty Offense ($1,000.00 or less)  

Pollution (Waterways) Petty Offense (1,000.00 or less)  

Indiana

Maximum $500.00 fine Class C Infraction 

Same as #56 

Iowa

No regs on state waters. 

No regs on state waters. 

Kansas

Class C misdemeanor fine amount from 0 to 500 dollars. 

Class C misdemeanor fine amount from 0 to 500 dollars set by the court 

Kentucky

No less than $15.00 and no more than $100.00 for first offense. $100.00 to $300.00 for second offense $300.00 to $500.00 for third and subsequent offenses. 

$15.00 to $100.00 first offense. $100.00 to $300.00 second offense. $300.00 to $500.00 for third and subsequent offenses.  

Louisiana

 

 

Maine

Whoever violates shall be guilty of a misdemeanor and shall be punished by a fine of not more than $500. 

Violator shall be guilty of a misdemeanor and shall be punished by a fine of not more than $500. 

Manitoba (Canada)

 

 

Maryland

Fines and/or civil penalties  

fines and/or civil penalties 

Massachusetts

No state-specified penalty  

Ch. 270 - Crime against Public Health 1st offense: not more than $5,500 subsequent offenses:not more than $15,000 

Michigan

It is a misdemeanor punishable by imprisonment for not more than 92 days or a fine of not more than $500.00, or both. 

It is a misdemeanor punishable by imprisonment for not more than 92 days or a fine of not more than $500.00, or both. 

Minnesota

There is no requirement for MSDs. You are just not allowed any discharge. Porta Pottys holding tank MSDs are ok as long as disposal is on shore facility. 

Max 1,000 and or 90 days in jail. 

Mississippi

25 to 100 plus court cost. More in waste is discharged 

 

Missouri

Not more than one year in jail or $3,000 fine. 

Not more than one year in jail or $3,000 fine. 

Montana

misdemeanor and shall be punishable by a fine of not less than $15 or more than $500 or by imprisonment for a term up to 6 months, or both 

fine of not less than $15 or more than $500 or by imprisonment for a term up to 6 months, or both 

Nebraska

$25 fine 

$25 fine 

Nevada

 

 

New Hampshire

Regulated by another state agency..Department of Environmental services 

Regulated by another state agency..Department of Environmental services 

New Jersey

pollution fine determined by court system 

pollution fine determined by court system 

New Mexico

You may be held guilty of a petty misdemeanor by the county magistrate judge. This is punished by a fine of not less than $50 nor more than $500 or by imprisonment for not more than 30 days or both. The court may also impose court costs. (31-19-1 NMSA 1978) The judge may also elect to deferr or suspend the sentence and place the defendant on probation.  

You may be held guilty of a petty misdemeanor by the county magistrate judge. This is punished by a fine of not less than $50 nor more than $500 or by imprisonment for not more than 30 days or both. The court may also impose court costs. (31-19-1 NMSA 1978) The judge may also elect to deferr or suspend the sentence and place the defendant on probation.  

New York

none  

13. (a) Any person who violates paragraph (b) of subdivision two of this section, shall be guilty of an offense and upon conviction shall be punished with a fine of not more than two hundred fifty dollars, or by imprisonment of not more than sixty days, or by both such fine and imprisonment; provided, however, that in the event any person violates this section more than twice during the same calendar year and is convicted of more than two such violations, the third and each subsequent violation shall be deemed a misdemeanor. (b) Any person who violates any other provision of this section or regulations of the department adopted pursuant hereto shall be deemed guilty of a misdemeanor and upon conviction shall be punished with a fine of not more than one hundred dollars, or by imprisonment of not more than sixty days, or by both such fine and imprisonment.  

North Carolina

NA 

NA 

North Dakota

 

 

Northern Mariana Islands

Issued an administrative order to fines. 

fines, administrative order issued 

Ohio

Maximum Penalty = $250 fine + court costs and 30 days in jail. 

Maximum Penalty = $250 fine + court costs and 30 days in jail. 

Oklahoma

Fine not less than $200 or greater than $1000 plus court cost. 

Fine not less than $200 or greater than $1000 plus court cost. 

Ontario (Canada)

 

 

Oregon

No penalties for failure to equip. Misuse is unlawful water pollution in the first degree and is a class B felony 

Unlawful water pollution in the first degree and is a class B felony 

Pennsylvania

$50 fine 

Depending on the offense $50 to $5,000 

Puerto Rico

$2000 

$2000 

Quebec (Canada)

 

 

Rhode Island

¬ß 46-12-40 Penalty for violations. - (a) Every person in violation of ¬ß 46-12-39 or owning, operating or causing to be operated, upon the waters of the state, a boat in violation of the provisions of ¬ß 46-12-39 or aiding in so doing, shall for the first offense be punished by a fine of not more than five hundred dollars ($500), or be imprisoned for not more than one year in the adult correctional institutions, or both such fine and imprisonment, and for a second and each subsequent offense shall be fined not more than one thousand dollars ($1,000), or be imprisoned for not more than one year in the adult correctional institutions, or both such fine and imprisonment, in the discretion of the court. If a municipality assists in the prosecution of a violation of ¬ß 46-12-39 any fine imposed for that violation shall be paid one-half (1/2) thereof to the general treasurer of the state and one-half (1/2) thereof to the treasurer of the town or city where the offense occurred.  

$1000.00 and up to 1 year 

South Carolina

 

 

South Dakota

(b) Every person in violation of ¬ß 46-12-39.1, or owning, operating or causing to be operated, upon the waters of the state, a boat in violation of the provisions of ¬ß 46-12-39.1, shall be guilty of a civil violation and subject to a fine of up to one hundred dollars ($100). If a municipality assists in the prosecution of a violation of ¬ß 46-12-39.1, any fine imposed for that violation shall be paid one-half (1/2) thereof to the general treasurer of the state and one-half (1/2) thereof to the treasurer of the town or city where the offense occurred.  

Same as #56 

Tennessee

 

Not greater than 30 days in jail or a fine not to exceed 50 dollars 

Texas

(c) Notwithstanding any inconsistent provision of law, the municipal court shall have concurrent jurisdiction with the district court to hear and adjudicate violations under this section. 

$25-$500 fine 

Utah

Class B Misdeamenor, Max $1,000 or 6 months in jail 

Class B Misdeamenor, Max $1,000 or 6 months in jail 

Vermont

Up to a $371.00 fine. 

Civil penalty up to $25,000, a fine up to $50,000 and imprisonment up to 5 years. 

Virgin Islands

 

 

Virginia

Class 1 misdemeanor 

Class 1 misdeameanor 

Washington

 

 

West Virginia

minimum $20 fine plus $168 court costs 

Same as #56 

Wisconsin

A fine of $223.00 for 1st offense 

A fine of $449.00 for 1st Offense 

Wyoming

None specific to watercraft. We do have statutes governing water pollution.  

It would come under a general water pollution statute and have a fine of $100 and up to 3 months in jail.