New No-Discharge Compliance Program Overview & Status 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!
Statutory and Regulatory Provisions RI No Discharge Law Federal No Discharge Regulations RI No Discharge Compliance Law (New Decal Program)
RI No-Discharge Law 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.
Implementation of RI No-Discharge Law There are no state regulations specific to § 46-12-39. There are no state regulations specific to § 46-12-39. There are, however, federal regulations governing no-discharge. 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. The State has (informally) adopted the federal standards as the means for implementing/enforcing the RI No- Discharge Law.
Federal No-Discharge Regulations 33 CFR159, Subpart A, Section 159.7 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: 1. 1. Closing the seacock and removing the handle; 2. 2. Padlocking the seacock in the closed position; 3. 3. Using a non-releasable wire-tie to hold the seacock in the closed position; or 4. 4. 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: 1. 1. Closing each valve leading to an overboard discharge and removing the handle; 2. 2. Padlocking each value leading to an overboard discharge in the closed position; or 3. 3. Using a non-releasable wire-tie to hold each value leading to an overboard discharge in the closed position.
RI No-Discharge Compliance Law (New Decal Program) 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.
RI No-Discharge Compliance Law (New Decal Program) 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.
Program Implementation Notification to boaters Inspector Certification Eligibility Authorization Delegation Status Obtaining of decals by inspectors & data reporting RI.Gov website Inspection process & procedures Enforcement
Notification to Boaters Direct mailings by DEM DEM website (www.dem.ri.gov)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!
Agent/Inspector Certification Eligibility 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.
A uthorization 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.
Delegation 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.
Status 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.
Obtaining Decals & Data Reporting RI.Gov web portal program
Conducting Inspections and Issuing Decals OVERVIEW 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.
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.
Inspection Protocol Purpose of inspection is threefold: 1. 1. To identify the type of MSD aboard each vessel 2. 2. To confirm that the MSD is properly sealed/secured/configured to prevent the overboard discharge of sewage when in RI waters 3. 3. To ensure that the owner/operator is aware of the no-discharge law, available pump-out opportunities, and appropriate sewage disposal options.
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 1.Type of MSDs
2.Status of MSD A. A. 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. B. B. 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.
c. c. 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.
3. Public Education & Awareness 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.
Enforcement 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.
Diverts Flow from holding tank to overboard discharge WYE VALVE
Marine Toilet with Holding Tank (Dockside and Overboard Discharge with Wye Valve By-Pass) Seacock must be closed and secured with lock or non- releasable tie-wrap. Yellow Decal is issued.
Marine Toilet with Holding Tank (Dockside and Overboard Discharge) Seacock must be closed and secured with lock or non- releasable tie-wrap. Yellow Decal is issued.
Marine Toilet with Holding Tank (Dockside and Overboard Discharge with Keyed Pump Switch) Key must be removed from switch and in possession of vessel operator or seacock must be shut and secured while in No-Discharge area. A Yellow Decal is issued.
Marine Toilet with Gravity Flush into Holding Tank (Dockside Discharge and Gravity Overboard Discharge) Sometimes found on commercial fishing boats. Seacock must be closed and secured with lock or non-releasable tie-wrap. Yellow Decal is issued.
Marine Toilet with Holding Tank (Gravity Overboard Discharge) Toilet Flush into Holding Tank and Gravity Discharges without Pump. Popular on European sailboats. Seacock must be closed and secured with lock or non-releasable tie-wrap. Yellow Decal is issued.
Portable Toilet with Overboard Discharge Portable toilets plumbed to seacock should be handled the same as a marine toilet with a holding tank. Yellow decal is issued.
Marine Toilet with Treatment Device Type I or II MSD Seacock must be shut and secured No-Discharge area. A Yellow Decal is issued.