§ 6-5-35. INSPECTIONS, CERTIFICATIONS AND PERMITS.

(A)

Except as provided by subsection (E), a person may not operate an excursion boat with a marine sanitation device or a boat pump-out facility in the planning jurisdiction without a permit issued by the director showing compliance with this article.

(1)

A person must apply for the permit using the application form provided by the director, pay a non-refundable permit application fee set by ordinance, and demonstrate, to the director's satisfaction, compliance with this article.

(2)

A person holding a permit shall apply for a renewal no later than the 30th day before the expiration date of the person's existing permit, pay a non-refundable permit renewal application fee set by ordinance, and demonstrate, to the director's satisfaction, compliance with this article.

(3)

The person to whom a permit is issued shall prominently display the permit on the watercraft or at the facility in a place visible to the public.

(4)

Permits under this article expire one year after the date of their issuance unless the director determines by administrative rule that permits may be issued for a period of longer than one year before expiration.

(5)

The director may revoke a permit for non-compliance with this article and may, by administrative rule, set forth a process by which a permit holder may challenge a permit revocation.

(B)

The director may at any reasonable time inspect a watercraft, shore facility, or boat pump-out facility to determine whether the watercraft, shore facility, or boat pump-out facility complies with this article.

(C)

A person in control of a watercraft, shore facility, or boat pump-out facility shall provide, without unreasonable delay, access by the director to the watercraft, shore facility, or boat pump-out facility.

(D)

The owner or operator of a watercraft with a marine sanitation device or the owner or operator of a boat pump-out facility must be certified as required by Title 30 Texas Administrative Code, Chapter 321, Subchapter A ( Boat Sewage Disposal ).

(E)

A permit is not required for:

(1)

the owner or operator of a boat pump-out facility that is part of a marina located on or adjacent to Lake Travis that is operating under a permit from the Lower Colorado River Authority; or

(2)

the owner or operator of an excursion boat operated exclusively on Lake Travis at a marina facility subject to subsection (E)(1), and that is certified as required under Title 30 Texas Administrative Code Chapter 321, Subchapter A ( Boat Sewage Disposal ).

Source: Ord. No. 20150917-007, Pt. 1, 9-28-15 .