Chapter 243

2005 -- S 0961 SUBSTITUTE B

Enacted 07/08/05

 

A N A C T

RELATING TO WATERS AND NAVIGATION

     

     Introduced By: Senators Bates, and Sosnowski

     Date Introduced: March 16, 2005

 

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 46-12-39.1 of the General Laws in Chapter 46-12 entitled "Water

Pollution" is hereby amended to read as follows:

 

     46-12-39.1. No discharge certificate decal -- Required. [Effective June 1, 2006.] -- (a)

Definitions. - As used in this section and in conjunction with this chapter, the following terms

shall be construed as follows:

      (1) "Boat" means any vessel or water craft whether moved by oars, paddles, sails, or

other power mechanism, inboard or outboard, or any other vessel excluding commercial vessels

or structure floating upon the water whether or not capable of self-locomotion, including house

boats, barges, and similar floating objects.

      (2)(1) "Certification agent" means a marina or boatyard which is capable of installing

sewage disposal holding tanks and related equipment; a certified marine sewage pump-out

facility, including a mobile facility; the Narragansett Bay Power Squadron; the U.S. Coast Guard;

the U.S. Coast Guard auxiliary; and local harbor masters and assistant harbor masters.

      (b) No person shall operate, or moor for more than seven (7) thirty (30) days, a boat in

the waters of the state, other than an open boat without sleeping accommodations or any vessels

for hire licensed by the U.S. Coast Guard to carry six (6) or more passengers, unless such boat

displays in a prominent position an approved "no discharge certificate decal."

      (c) Two (2) no discharge certificate decals, differing in color, shall be made available by

the department of environmental management for issuance to boats subject to the requirements of

this section. Decals of one color shall signify that the recipient boat has a marine toilet, in proper

working order, which is either a marine sanitation device-type I, a marine sanitation device-type

II, or a marine sanitation device-type III with a holding tank bypass value, but the boat owner or

operator had taken the steps necessary to prevent the discharge of sewage into the waters of the

state. Decals of the other color shall signify that the recipient boat either has a marine sanitation

device-type III without a holding tank bypass valve, or no marine toilet at all.

      (d) Certification shall remain in effect for forty-eight (48) months after each certification,

and no additional certification shall be required during that period.

      (e) The department of environmental management shall collect and deposit into a

separate general revenue account a fee of ten dollars ($10.00) for each certificate to defray the

cost of implementation of this section.

      (f) Certificate decals may be obtained from any certification agent.

      (g) Before a certificate decal may be issued, a certification agent must visually inspect

each marine toilet on a boat, as well as any associated plumbing or holding tank fixtures, to

ascertain whether the boat is in compliance with section 46-12-39. If necessary, the certification

agent shall perform a color-dye flush test of each toilet to verify compliance.

     (h) For inspections conducted pursuant to this section, certification agents may collect

and retain a fee, not to exceed twenty-five dollars ($25.00) for each marine toilet aboard each

boat. This fee shall be in addition to the minimum ten dollar ($10.00) fee for each decal issued,

which certification agents shall collect and forward to the department of environmental

management pursuant to subsection (e) above.

      (h)(i) At the time any boat equipped with a marine sanitation device-type III is issued a

certificate decal, the certification agent shall also issue a frequency compliance record card,

which shall be stamped, by the pump-out station operator, or in the event of remote sewage

removal, the station operator or pump-out boat operator shall issue a receipt to be attached to the

compliance record card, when sewage is pumped, by the pump-out station operator. This

document documentation, which may include one or more cards or receipts, shall remain on

board a boat and shown when requested during an inspection. This subsection shall not apply to

any boats that discharge solely outside the waters of the state.

      (i) Each boat equipped with a marine sanitation device-type III shall be pumped out

whenever it is removed from the waters for water storage purposes.

 

     SECTION 2. This act shall take effect upon passage.     

=======

LC02798/SUB B/2

=======