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post #1 of 13 Old 06-28-2011 Thread Starter
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MSD Certification

I just received a notice from the Texas Commission on Environmental Quality (TCEQ) telling me that owners of boats with a permanently installed toilet need an MSD certification to operate on any waterway in Texas. And that I have to pay them for it.
I find this extremely curious as:
1. Texas Parks and Wildlife are responsible for registering boats in Texas, not TCEQ and game wardens enforce registration and legal compliance.
2. I'm already in compliance with the Coast Guard rules implementing Federal law, so isn't that good enough?
3. Since most boats in Texas are open fishing boats and those operators pee and poop over the side, this new certification will do nothing to improve water quality in the state.
Have any other Texas boaters received this notice? If so, what are you going to do about it?
John
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post #2 of 13 Old 06-28-2011
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Please post notice content.

My understanding is that type III (holding tank) systems are "permit by rule"; if they hold the waste they are certified.

Type I and II must be certified under federal law, so that is not new.


159.12a Certification of certain Type III devices.

(a) The purpose of this section is to provide regulations for certification of certain Type III devices.

(b) Any Type III device is considered certified under this section if:

(1) It is used solely for the storage of sewage and flushwater at ambient air pressure and temperature; and

(2) It is in compliance with 159.53(c).

(c) Any device certified under this section need not comply with the other regulations in this part except as required in paragraphs (b)(2) and (d) of this section and may not be labeled under 159.16.

(d) Each device certified under this section which is installed aboard an inspected vessel must comply with 159.97.


159.53
(c) Be designed to prevent the overboard discharge of treated or untreated sewage or any waste derived from sewage (Type III).

159.97 simply states it is part of the inspection.


Sometimes they are stated to be "certified", but it's not much of a claim.

I'm guessing they want to be certain the Y-valve is sealed or removed, as there is no discharge from type III in inland waters.

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Last edited by pdqaltair; 06-28-2011 at 09:46 PM.
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post #3 of 13 Old 06-28-2011
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Doesn't this fall under states' rights?

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post #4 of 13 Old 06-29-2011
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Quote:
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Doesn't this fall under states' rights?
The feds set minimums. It would certainly be within their rights to go farther in this case, if they can demonstrate harm and that this program would be an improvement.

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post #5 of 13 Old 06-29-2011
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It's just another tax....a money grab. That's all.

There is no inspection. There is no certification. It's really stupid. You have to fill out a form, all it says is yes, I have a potty...and pay $15. You have to go to this stupid money payment site, figure out how to pay as it's not very intuitive at all, pay your money and print out the receipt. THEN you have to mail the receipt and filled out form....and they'll mail you your sticker. It goes on the bow, next to the state registration tag.

Don't know yet what the fine will be for non-compliance, but you can bet it won't be cheap...yet another money grab aside from the stupid sticker. My marina put up a notice back in the spring with instructions on how to get the sticker...and that they'll be enforcing it this summer. Heck, all they gotta do is walk the docks and 80% of the boats don't have it.....I gotta wonder if they'll be doing just that.

Here is the STUPID Form


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post #6 of 13 Old 06-29-2011
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you have now confirmed that you have "one"...now they can track you down and force you to replace it with their idea of "certified"
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post #7 of 13 Old 06-29-2011
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Thanks for the warning, I'm sure a lot of other cash strapped states will get in on the money grab as well before long.

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post #8 of 13 Old 06-29-2011
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What crap! (Yes a bad pun) This stinks of another money grubbing effort! Boaters (and owners of other "luxury vehicles" like RVs and so forth) are easy targets because most people associate boat owning with money ie you are rich and we can skin you. I'm a states rights guy but is the Feds have a rule and you are in compliance then the state should not be involved. I am not sure but isn't any navigable water the Feds responsibility?
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post #9 of 13 Old 06-30-2011 Thread Starter
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Quote:
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you have now confirmed that you have "one"...now they can track you down and force you to replace it with their idea of "certified"
The boat next to me was last registered in 2005. There is a boat on my pier that was last registered in 1999. There are several without a biannual decal at all. Compliance and enforcement of the basic legal requirements is a total farce. I really object to this kind of governmental action that taxes one small segment of society and ignores the major source of our environmental problems. I would love it if we had really clean water and no trash build up on the beaches. Unfortunately, this kind of action will not solve the problem as the number of boats with toilets pales in comparison to the number of boats without toilets that dispose over the sider, and the number of trash blowers that are throwing all manner of debris into the gutter, into the storm drain system and into the bay. Why not a tax on trash blowers, lawn mowers, dogs, fertilzer, motor oil and septic tanks instead and use that money to build storm water run-off purging systems? Now that would begin to solve the problem.
Sorry for the rant, but this is why people hate their government.
John
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post #10 of 13 Old 06-30-2011
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ccriders,

great post, and I am 100% with you...it is all money and window dressing...the real problem just keeps on getting worse.

Well said!
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