Boats on all designated lakes meeting the dimensions and physical characteristics provided by §321.3 of this title (relating to Marine Sanitation Devices Required) shall have sewage disposal devices and equipment meeting the following requirements.

1. (1) Any marine sanitation device permanently installed on or within any boat on any designated lake shall have an attached holding tank which meets the following specifications.

   1. (A) The holding tank shall be located inboard on the boat.
   2. (B) The holding tank shall be constructed so as to prevent the discharge of sewage except by pumping. Pumping shall be in accordance with approved and authorized methods as referred to §321.8(a) of this title (relating to Disposal of Boat Sewage).
   3. (C) The holding tank shall be installed so that it may be completely and efficiently emptied by pumping.
   4. (D) The holding tank shall be constructed of corrosion-resistant material.
   5. (E) The holding tank shall be so located and constructed as to minimize the possibility of rupture.
   6. (F) Any overboard vents shall be located to minimize the inboard return of odors and shall be provided with means to prevent the intake of waters or spray. Vents shall be connected to the tank so as to prevent pressure buildup in the tank and clogging from the contents of the tank.
   7. (G) Fittings intended for use in emptying holding tanks shall be designed to make a spill-proof connection with the pump-out facility. Such fittings shall assure a liquid-tight closure during normal operation of the boat, shall afford no obstruction to the flow of sewage, and shall be cleanable. They shall be constructed of corrosion-resistant material.
   8. (H) Conformance with Coast Guard regulations applicable to "no discharge" devices shall be deemed to constitute compliance with this subsection.
2. (2) A boat operating on Clear Lake, but not on any other designated lake, may be equipped with a "Y"-valve or other device on the holding tank that allows for the direct discharge of untreated waste into waters beyond the state's three-mile territorial limit. The "Y"-valve or other device must be secured in the closed position by a padlock, non-releasable tie, removal of the handle or other physical barrier at all times while the boat is operating inside the three-mile territorial limit.
3. (3) A portable marine sanitation device that is designed to facilitate the carry-off of sewage for onshore disposal is acceptable on any boat (other than a houseboat) less than 26 feet in length and as an additional marine sanitation device on any boat.
4. (4) The executive director is authorized to allow the use of portable marine sanitation devices in certain cases where permanent facilities are now required by these sections.

Source Note:The provisions of this §321.4 adopted to be effective July 3, 1986, 11 TexReg 2893; amended to be effective March 15, 1996, 21 TexReg 1679.