#181 Regulating use olake Johanna

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of state until first approved by resolutions of the county boards 361.28. PERSONAL PROPERTY 7AXES. of a majority of the counties affected by the proposed regulations. The license fee on watercraft as imposed herein is not to be con- (c) Such regulations may restrict any or all of the following: sidered in lieu of personal property taxes thereon. ( I) the type and size of wa[ercraR and size of motor which may use ihe waters affected by [he regula[ion, (2) [he areas of wa[er which may be 361.29. MARINE TOILETS. used by watercraft, (3) speed of wa[ercrak, (4) [imes permit[ed for use Subd. 1. (a) For the purposes of this section the term "wa- of watercraft, or (5) minimum distance be[ween watercraR. When es- tercraft" has the meaning given to it by Section 361.02, Subdivi- tablishing regulations the commissioner shall consider the physical sion 7, and acts amendatory thereof. (b) No person owning or characleristics of the waters affected, Iheir historical uses, shoreland uses ~ operating a watercraft or other marine conveyance upon the waters and classification, and any othee Lealures unique to Ihe waters affecCed of the state of Minnesota shall use, operate or permit the use or by the regula[ions. operation of any marine toilet or similar device for the disposition (d) The commissioner shall inform the users of the waters of S of sewage or other wastes, unless the toilet wastes are retained the regulations afYecting them at least two weeks before the effec- for disposition on land by means of facilities constructed and oper- tive date of the regulations by distributing copies of the regulations ated in accordance with rules and regulations adopted by the state and by posting ofthe public accesses of the waters. However, failure board of health and approved by the pollution control agency of of the commissioner to comply with this paragraph shall not af£ect the State of Minnesota. No person shall discharge into the waters the validity of the regulations or any conviction for violation of of this state, directly or indirectly from a watercraft or other marine the regulations. conveyance, any sewage or other wastes, nor shall any container (e) The cost of publishing regulations and or marking and post- of sewage or other wastes be placed, left, discharged, or caused ing waters pursuant to this subdivision shall be paid by the to be placed, left or discharged into any waters of this state by counties affected by the regulations, as apportioned by the commis- any person ur persons at any time whether or not the owner, ,ioner. " operator, guest or occupani of a watercraft or other marine con- (fl Regulations or ordinances relating to the use of waters of veyance. Alltoi]ets must be sealed or otherwise rendered inopera- this state enacted by a local governmental unit before the effective tive so that no human or other waste can be discharged from such date of this act shall continue in effect until repeaPed by the local toilet into state waters. governmental unit or superseded by a regulation of the commis- Subd. 2. The Minnesota pollution control agency shall upon sioner promulgated pursuant to this Subdivision. request furnish a list of the types of retention devices currently available and considered acceptable for the purposes of this Section 361.27. BOAT AND WATER SAFETY ACCOUNT; for use with such marine toilets. The commissioner of natural FINES AND FORFEITED BAIL MONEY. resaurces shall furnish the sheriFf of each county in the State of Subd. 1. All license fees received under Sections 361.01 to 361.28 Minnesota with a list of such retention facilities acceptable to the shall be deposited in the state treasury and credited to the general pollution control agency of the state of Minnesota. fund for the purpose of boat and water safety. Not exceeding 75 Subd. 3. No watercraft or other marine conveyance upon the per cent of such moneys may be paid to such counties and in such waters of the State of Minnesota shall be equipped with any marine amount as the commissioner may determine and be used to defray toilet unless also equipped with a retention device acceptable to the expenses of enforcement of the provisions of Sections 361.01 ~ the pollution control agency ofthe State of Minnesota. to 361.28 and [he ezpenses of a county sponsored or administered I Subd. 4. The installation or presence of a marine toilet in a watercrafr and swimming safety instructional program. Watercraft shall be indicated by the owner upon application for Subd. Y. All fines and forfeited bail money, from violations under licensing of the watercraft or marine conveyance, and no license Sections 361.01 to 361.28 collected from persons apprehended or y, for any such watercraft bearing a marine toilet shall be issued arrested shall be paid by the justice of the peace, municipal rnurt, except upon certification by the owner of the installation of an or other person or officer collecting such fines, £orfeited bail money acceptable retention device for use with such marine toilet. or installments thereof, within 15 days aftet the last day of the Subd. 5. The provisions of' Subdivisions 1, 2, 3 and 4 of this month in which such moneys were cbllected, to the county treasurer Section shall not apply until December 31, 1975, to watercraft of the county where the violation occurred. One-half of such that were e ui receipts shall be credited to the general revenue fund of the county. 9 PPed with treatment devices approved by the pollu- tion contral agency prior to June 8, 1971, so long as such equipment The other one-half of such receipts shall be transmitted by the continues to operate in accordance with its design capability. Not- county treasurer to state treasurer to be deposited to the credit H,ithstanding this provision, the agency shall by administrative of the general Fund in the state treasury for the purpose of boat order require such watercraft to commence use of retention and water safety. 18 19