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[Utah Code Table of Contents]
[TITLE 73. Table of Contents]
73-18a-1 Definitions.
As used in this chapter:
(1) "Board" means the Board of Parks and Recreation.
(2) "Division" means the Division of Parks and Recreation.
(3) "Human body waste" means excrement, feces, or other waste material discharged from the human body.
(4) "Litter" means any bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, rubbish, or similar refuse discarded as no longer useful.
(5) "Marine toilet" means any toilet or other receptacle permanently installed on or within any vessel for the purpose of receiving human body waste. This term does not include portable toilets which may be removed from a vessel in order to empty its contents.
(6) "Operate" means to navigate, control, or otherwise use a vessel.
(7) "Operator" means the person who is in control of a vessel while it is in use.
(8) "Owner" means a person, other than a lien holder, holding a proprietary interest in or the title to a vessel. The term does not include a lessee under a lease not intended as security.
(9) "Vessel" means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
(10) "Waters of this state" means all waters within the
territorial limits of this state except those used exclusively
for private purposes.
1986
73-18a-2 Littering and pollution of water or lands prohibited - Penalty.
(1) A person may not place, throw, deposit, discard, drop, or discharge and the operator of a vessel may not permit to be placed, thrown, deposited, discarded, dropped, or discharged into or upon the waters of this state, or lands adjacent to these waters any litter, human body waste, or other liquid or solid materials which may render the water or lands unsightly, noxious, or otherwise unwholesome or detrimental to the public health or welfare or the enjoyment of the water or lands for all legitimate uses, including recreational purposes.
(2) A person violating any provision of Subsection (1)
is guilty of a class B misdemeanor and shall be fined not
less than $100 for each violation.
1991
73-18a-3 Marine toilets - Use without pollution control device prohibited - Containers of body waste - Discharge into waters prohibited.
(1) No marine toilet on any vessel used or operated upon the waters of this state may be operated so as to discharge any inadequately treated human body waste into or upon waters of this state directly or indirectly.
(2) No person owning or operating a vessel with a marine toilet may use, or permit the use of, a toilet on the waters of this state, unless the toilet is equipped with facilities that will adequately treat, hold, incinerate, or otherwise handle human body waste in a manner that is capable of preventing water pollution.
(3) No container of human body waste may be placed, left,
discharged, or caused to be placed, left, or discharged into
or upon any waters of this state or lands adjacent to these
waters by any person at any time.
1986
73-18a-4 Marine toilets - Pollution control devices required - Rules established by board.
(1) Every marine toilet on a vessel used or operated upon the waters of this state shall be equipped with an approved pollution control device in operative condition.
(2) The board shall make rules in accordance with Title
63, Chapter 46a, Utah Administrative Rulemaking Act, as provided
in this chapter, establishing criteria or standards for definition
and approval of acceptable pollution control devices for
vessels.
1991
73-18a-5 Chemical treatment of marine toilet contents - Rules established by board and Department of Environmental Quality.
The board shall establish by rule, in accordance with
Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
with approval by the Department of Environmental Quality,
as provided in this chapter, standards relating to chemical
treatment of marine toilet contents.
1991
73-18a-8 Public marinas - Duty to maintain waste disposal facilities.
The owner or whoever is lawfully vested with the possession,
management, or control of a public marina or other public
waterside facility used by a vessel for launching, docking,
mooring, and related purposes shall be required to have,
and properly maintain, waste receptacles or similar devices
of proper design for the depositing of waste, litter, and
human body waste, as required at locations where they can
be conveniently used by a vessel's occupants. Waterside toilet
facilities may be required if their absence contributes to
or creates unsightliness or a hazard to the public health
and welfare.
1986
73-18a-9 Public educational program.
The division may undertake and enlist the support and
cooperation of all agencies, political subdivisions, and
organizations to conduct a public educational program designed
to inform the public of the undesirability of depositing
trash, litter, and other objectionable materials in the waters
of this state and the penalties provided by this chapter
for such action. The division may use funds provided by the
Legislature for this purpose. The division may utilize all
means of communication in the conduct of this program.
1986
73-18a-10 Enforcement - Inspection of vessels, marinas, and other boating facilities.
Enforcement of this chapter or the rules promulgated under
it shall be by law enforcement officers. Any vessel in this
state is subject to inspection by the officers for the purpose
of determining whether the vessel is equipped in compliance
with this chapter. If the vessel is not so equipped, the
division may suspend its registration until the proper installation
is completed or the marine toilet is sealed in a manner which
prohibits its use. The division may inspect marinas or other
waterside public facilities used by vessels for launching,
docking, or mooring purposes to determine whether they are
adequately equipped for proper handling, storing, or disposal
of waste, litter, or human body waste.
1987
73-18a-11 Regulation by political subdivisions prohibited - Exception.
Through the passage of this chapter, the state fully reserves
to itself the exclusive right to establish requirements concerning
the disposal of human body waste and litter from a vessel.
To ensure statewide uniformity of the disposal of litter
or human body waste from a vessel, regulation, other than
the adoption for local enforcement of state rules, by any
political subdivision of the state is prohibited.
1986
73-18a-12 Rules promulgated by board - Subject to approval by Department of Environmental Quality.
The board may promulgate rules under Title 63, Chapter
46a, Utah Administrative Rulemaking Act, which are necessary
for the carrying out of duties, obligations, and powers conferred
on the division by this chapter. These rules shall be subject
to review and approval by the Department of Environmental
Quality. This approval shall be recorded as part of the rules.
1991
73-18a-13 Publication of rules.
The rules promulgated under this chapter shall be published
as required by the Utah Administrative Rulemaking Act.
1987
73-18a-14 Violation of chapter as class B misdemeanor.
Unless otherwise specified, any person who violates any
provision of this chapter or rule promulgated under this
chapter is guilty of a class B misdemeanor.
1987
73-18a-15 Arrest for violation - Procedure.
Whenever any person is arrested for any violation of the
provisions of this chapter or rule promulgated under this
chapter, the procedure for arrest is the same as specified
in Sections
77-7-22
through
77-7-24
.
2005
73-18a-18 Act supplemental to other laws.
This act shall not be construed as repealing any laws
of the state relating to the pollution or littering of waters
or lands thereof or any conservation laws, but shall be held
and construed as auxiliary and supplemental thereto.
1967
