(a)  It shall be unlawful to discharge any sewage from a boat into the waters of the state unless discharged via a marine toilet which is either a marine sanitation device-type I, or a marine sanitation device-type II, in proper working condition.

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(b)  It shall be unlawful to discharge any sewage from a boat into the waters of the state in an area which has been declared to be a no discharge zone.

(c)  It shall be unlawful to operate or moor in the waters of the state, a boat which is equipped with a marine toilet which is not a type approved pursuant to the Clean Water Act, 33 U.S.C. § 1251 et seq., and that is in proper working condition.

(d)  It shall be unlawful to operate or moor in the waters of the state in an area declared to be a no discharge zone, a boat which is equipped with a marine toilet which is not properly sealed to prevent discharge of sewage into the water.

(e)  No discharge zones shall be identified by the department of environmental management. The department of environmental management shall utilize criteria established under the Federal Water Pollution Control Act of 1972 (Water Quality Act), 33 U.S.C. § 1251 et seq., and 40 C.F.R. § 140.4 in identifying such areas, and shall be the sole agency of the state in seeking federal designation of such areas; it shall seek the advice and comment of the Coastal Resources Management Council (CRMC). Municipalities of the state may nominate areas for designation as no discharge zones only as an element of a Harbor Management Plan (HMP) approved by the CRMC in accordance with established regulation.