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- Welcome, Introductions
- Background & Overview of Program
- Statutory & Regulatory Provisions
- Program Implementation
- Notice to Boaters
- Inspector Certification
- Obtaining of Decals by Inspectors
- Data Reporting
- Inspection Process and Procedures
- Enforcement
- Understanding MSDs and Boat Sewage Systems
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- Boat sewage impacts/Concerns
- RI’s No-Discharge Designation
- Continuing Pollution Problems
- Fish Kills, Oxygen Depletion
- Beach and Shellfishing Closures
- Multifaceted Responses
- Wastewater Treatment Facilities
- CSOs
- Stormwater
- Cess Pools
- Boat Discharges
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- Legislation enacted in 2004
- Purpose: bolster compliance with
RI’s No-Discharge Law by ensuring that all boaters have taken the steps
necessary to prevent overboard discharge of sewage when operating or
moored in RI waters.
- June 1, 2006 effective date; enforcement provisions take effect
- June 1, 2007
- Initial Steps
- Notice to boaters
- Coordination with RI Harbormasters’ Association & RI Marine
Trades Association
- Letters and applications sent to prospective inspectors
- Training sessions conducted
- Web portal program established
- 89 Agents certified to date
- Program is underway!
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- RI No Discharge Law
- Federal No Discharge Regulations
- RI No Discharge Compliance Law (New Decal Program)
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- RIGL § 46-12-39
- Unlawful to discharge any sewage from a boat into the waters of the
State.
- All boats with marine toilets must have a Type I, Type II, or Type III
MSD.
- On all boats with MSDs that have the capability to discharge overboard,
the MSDs must be “properly sealed” to prevent overboard discharge.
- RIGL § 46-12-40
- Violators of § 46-12-39 are subject to fines and/or imprisonment.
- RIGL § 46-12-41
- DEM, Harbormasters, Asst. Harbormasters, and Police Officers are
authorized to enforce the provisions of § 46-12-39.
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- There are no state regulations specific to § 46-12-39.
- There are, however, federal regulations governing no-discharge.
- The State has (informally) adopted the federal standards as the means
for implementing/enforcing the RI No-Discharge Law.
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- Subsection (b)
- When operating a vessel in a no-discharge area, the operator must secure
each Type I or Type II MSD in a manner that prevents discharge of
treated or untreated sewage.
Acceptable methods of securing the device include:
- Closing the seacock and removing the handle;
- Padlocking the seacock in the closed position;
- Using a non-releasable wire-tie to hold the seacock in the closed
position; or
- Locking the door to the space enclosing the toilet with a padlock or
door handle key lock.
- Subsection (c)
- When operating a vessel in a no-discharge area, the operator must secure
each Type III MSD in a manner that prevents discharge of treated or
untreated sewage. Acceptable
methods of securing the device include:
- Closing each valve leading to an overboard discharge and removing the
handle;
- Padlocking each value leading to an overboard discharge in the closed
position; or
- Using a non-releasable wire-tie to hold each value leading to an
overboard discharge in the closed position.
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- Established by § 46-12-39.1
- Became effective on June 1, 2006
- Requires all boats with permanently installed marine toilets to be
inspected and certified as being in compliance with RI’s no-discharge
law.
- EXEMPTIONS
- Boats with self-contained port-a-potties, or no toilet at all.
- Boats already subject to mandatory USCG inspection, as demonstrated by
a valid USCG-issued certificate of inspection.
- Transient boats that are operated or moored in RI waters for less than
30 days.
- Upon certification, each boat is issued one of two certificate decals
which must be permanently displayed in a prominent position. A YELLOW decal signifies the existence
of a through-hull fitting (i.e., capable of overboard discharge). A GREEN decal signifies the
non-existence of a through-hull fitting (i.e., no capability to
discharge overboard).
- All decals are valid for a period of
four years.
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- Inspections are to be performed by any certification agent, namely:
- marinas, boatyards, marine surveyors, mobile repair facilities, or
other established marine businesses that are experienced in the
evaluation, repair, and/or installation of boat sewage systems;
- certified marine sewage pump-out facilities, including mobile
facilities; and
- local harbormasters and assistant harbormasters.
- DEM will provide the decals to the certification agents at a cost of
$10/decal.
- Certification agents may charge up to, but not more than $35/boat for
each inspection. For boats with
more than one marine toilet, agents may charge an additional $25 for
each additional toilet.
- Penalty Provisions (amendments to § 46-12-40) – Effective June 1, 2007
- Violators of § 46-12-39.1 are subject to a fine, up to $100.
- Enforcement Provisions (amendments to § 46-12-41) – Effective June 1,
2007
- DEM, Harbormasters, Asst. Harbormasters, and Police Officers are
authorized to enforce the provisions of § 46-12-39.1.
- Harbormasters and Asst. Harbormasters are authorized to make periodic
color dye flush tests of boats subject to the decal requirement.
- Municipalities may deny a mooring permit to any boat not in compliance
- with the decal requirement.
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- Notification to boaters
- Inspector Certification
- Eligibility
- Authorization
- Delegation
- Status
- Obtaining of decals by inspectors & data reporting
- Inspection process & procedures
- Enforcement
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- Direct mailings by DEM
- DEM website (www.dem.ri.gov)
- See “New No-Discharge Compliance Program”
- Located Under:
- Topics Water No Discharge Program
- Additional notification by marinas, harbormasters, etc.
- Make sure information is accurate and consistent!
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- Eligibility
- Agents must be:
- marina, boatyard, marine surveyor, mobile repair facility, or other
established marine business with boat-sewage-system experience ;
- certified marine sewage pump-out facility, including mobile facility;
or
- local harbormaster or asst. harbormaster
- Agents must utilize Trained Inspectors – i.e., individuals who have
attended a DEM training session or their designee.
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- Agents must be authorized by DEM before they can conduct inspections and
issue decals.
- To become authorized, agents must:
- Complete and submit application to DEM;
- Meet eligibility criteria;
- Have a Trained Inspector available to conduct inspections;
- Receive letter of authorization from DEM; and
- Return signed letter of authorization to DEM.
- Agents/Inspectors must have access to a personal computer.
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- All individuals who will be performing inspections are strongly
encouraged to attend training session.
- However, Certification Agents and/or Trained Inspectors who have
attended a training session may delegate inspection duties to
staff. Caveat: the authorized agent will be associated
with, and responsible for every inspection conducted under his/her name.
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- DEM reserves the right to suspend or rescind the authorization of any
agents or inspectors who do not comply with reporting requirements,
overcharge for inspections, or otherwise fail to properly perform
inspections.
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- RI.Gov web portal program
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- Utilize Inspection Check List
- Conduct inspection in accordance with Inspection Protocol
- Advise boat owner/operator to be present during inspection.
- Onus is on boat owner/operator, not the inspector, to demonstrate that
the vessel is in compliance with the no-discharge law.
- Inspector’s role is to confirm owner/operator’s
representation/demonstration of compliance.
- If inspector is willing and able to evaluate the boat’s sewage system
without the owner being present, the inspection may take place without
the owner’s participation.
- For vessels that are in the water at the time of inspection, inspectors
may use dye tablets to ascertain or clarify the status of the MSD.
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- Fill in information on data sheet.
- Provide boat owner/operator with information pertaining to no-discharge
law, pump-out opportunities, and disposal options.
- Collect Fee – up to $35/vessel, plus up to $25 for each additional
toilet aboard the vessel.
- Inspectors may charge lesser amounts; however state law precludes
charging greater amounts.
- Issue decal. Instruct recipient
to place it in a PROMINENT POSITION
on the vessel, preferably on the port side.
- Submit inspection data (from data sheet) to DEM via RI.gov portal
program.
- May be done in aggregate, once a week.
- NOTE: As an option, any boats
falling under any of the three exemption categories may still get
inspected and obtain a decal if the owner or operator wishes to do so.
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- Purpose of inspection is threefold:
- To identify the type of MSD aboard each vessel
- To confirm that the MSD is properly sealed/secured/configured to
prevent the overboard discharge of sewage when in RI waters
- To ensure that the owner/operator is aware of the no-discharge law,
available pump-out opportunities, and appropriate sewage disposal
options.
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- Type I – treats sewage by chemical means, e.g., maceration and
chlorination (no holding tank).
- Type II – treats sewage by biological means, e.g., bacteria (no
holding tank).
- Type III – device that stores sewage in a holding tank; or a device
that incinerates the waste.
- Any vessel with a marine toilet but without a Type I, Type II, or Type
III MSD is not in compliance with state or federal law and cannot be
issued a decal
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- Vessels with a holding tank (Type III MSD) and no through-hull fitting
allowing sewage to be discharged overboard are in compliance with RI’s
no-discharge law.
- Upon inspection and certification of compliance, these vessels are to
be issued a green decal.
- Vessels with a holding tank (Type III MSD) and with a through-hull fitting that
allows sewage to be discharged overboard, must have the MSD properly
secured in a manner that prevents overboard discharges (when operating
in RI waters).
- Properly secured means:
- closing the valve that leads to the through-hull fitting and removing
the handle;
- closing and padlocking the valve that leads to the through-hull
fitting; or
- Using a non-releasable wire-tie to hold the value that leads to the
through-hull fitting in the closed position.
- Upon inspection and certification of compliance, these vessels to be
issued a yellow decal.
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- Vessels with a Type I or Type II MSD (no holding tank) must have the MSD
properly secured in a manner that prevents overboard discharges (when
operating in RI waters).
- Properly secured means:
- Closing the seacock and removing the handle;
- Padlocking the seacock in the closed position;
- Using a non-releasable wire-tie to hold the seacock in the closed
position; or
- Locking the door to the space enclosing the toilet with a padlock or
door handle key lock
- Upon inspection and certification of compliance, these vessels are to
be issued a yellow decal.
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- All boat owners/operators shall be provided with DEM brochure/fact sheet
pertaining to RI’s No Discharge Law.
- All vessels equipped with holding tanks shall be provided with map of
pump-out facility locations.
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- EFFECTIVE JUNE 1, 2007: DEM,
Harbormasters & Asst. Harbormasters, and Police Officers will be
authorized to enforce the provisions of § 46-12-39.1 by requiring all
boats with marine toilets – expect those that are exempted from the
program– to get inspected and obtain a decal.
- NOTE: The delayed penalty and
enforcement provisions – as well as the exemption categories – relate
solely to the inspection and decal program. All boats, including those that are exempt
from the inspection and decal program, are subject to State’s
No-Discharge Law – in effect since 1998 – whenever they are in RI
waters. DEM will continue to
vigorously enforce the no-discharge law, and take appropriate action to
address any vessels found to discharging or otherwise out of compliance
with the law.
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- Does not meet Federal or RI
regulations.
- Toilet must be disabled and not
connected to a seacock.
- No Decal is issued.
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- Diverts Flow from holding
- tank to overboard discharge
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Notes
