Montana Code Annotated 2023



Part 5. Boats

Discharge Of Waste From Vessel Prohibited

23-2-522. Discharge of waste from vessel prohibited. (1) A person may not discharge or cause, permit, or allow to be discharged any garbage, refuse, waste, or sewage from any vessel into, upon, or near the waters at a stream, river, or lake within the boundaries of the state of Montana.

(2) The department of environmental quality shall adopt rules to protect water quality and aquatic ecosystems by establishing guidelines for the installation of vessel pumpout facilities.

(3) In adopting the rules, the department shall use these definitions:

(a) "Marine sanitation device" means any equipment on board a vessel that is designed to receive, retain, treat, or discharge sewage and also means any process to treat the sewage.

(b) "Vessel terminal" means a private or public shoreside installation on any waters of Montana that provides mooring, docking, berthing, and other facilities for the use of vessels.

(4) The rules must include standards for the construction, operation, and maintenance of vessel pumpout facilities.

(5) This section may not be construed to require the department to install pumpout facilities without prior legislative approval and an appropriation.

History: En. Sec. 2, Ch. 169, L. 1965; amd. Sec. 8, Ch. 514, L. 1973; amd. Sec. 11, Ch. 124, L. 1977; R.C.M. 1947, 69-3508.1; (2) thru (5) En. Sec. 9, Ch. 728, L. 1991; amd. Sec. 54, Ch. 418, L. 1995.