Chapter 201

2006 -- H 6819 SUBSTITUTE A AS AMENDED

Enacted 06/28/06

 

A N A C T

RELATING TO WATERS AND NAVIGATION -- WATER POLLUTION

     

     

     Introduced By: Representatives Gallison, Carter, Anguilla, Malik, and Lewiss

     Date Introduced: January 17, 2006

 

     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) "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; other established marine businesses, included but not limited to

marine surveyors and mobile marine repair facilities, that are experienced in the evaluation, repair

and/or installation of boat sewage systems; and local harbor masters and assistant harbor masters.

      (b) No person shall operate or moor for more than 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, that has a permanently

installed marine toilet unless such boat displays in a prominent position an approved "no

discharge certificate decal."

     (c) Subsection 45-12-39.1(b) shall not apply to any vessel carrying a valid certificate of

inspection issued by the U.S. Coast Guard pursuant to title 46 of the U.S. Code.

      (c)(d) 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.

     (i) 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 and through-hull fitting that would

allow sewage to be discharged overboard, but the boat owner or operator had taken the steps

necessary to prevent the discharge of sewage into the waters of the state.

     (ii) Decals of the other color shall signify that the recipient boat either has a marine

sanitation device-type III with a holding tank and no through-hull fitting that would allow sewage

to be discharged overboard, or no marine toilet at all.

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

certification, and no additional certification shall be required during that period.

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

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

each permanently installed 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)(i) 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 permanently installed 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)(f) above.

      (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. This 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.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC00579/SUB A/2

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