NoDischarge Compliance Program

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No-Discharge Compliance Program
Inspector Training Course
Rhode Island Department of Environmental
Management
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AGENDA

• 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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BACKGROUND

• Boat sewage impacts/Concerns
• RIs 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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New No-Discharge Compliance ProgramOverview
Status

• Legislation enacted in 2004
• Purpose bolster compliance with RIs
  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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Statutory and Regulatory Provisions

• RI No Discharge Law
• Federal No Discharge Regulations
• RI No Discharge Compliance Law (New Decal Program)

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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.

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Implementation of RI No-Discharge Law

• 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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Federal No-Discharge Regulations33 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
• 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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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 RIs 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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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.

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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

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Notification to Boaters

• 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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Agent/Inspector Certification

• 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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Authorization

• 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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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.

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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.

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Obtaining Decals Data Reporting

• RI.Gov web portal program

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Conducting Inspections and Issuing
DecalsOVERVIEW

• 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.
• Inspectors role is to confirm owner/operators
  representation/demonstration of compliance.
• If inspector is willing and able to evaluate the
  boats sewage system without the owner being
  present, the inspection may take place without
  the owners 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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Inspection Protocol

• 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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1. Type of MSDs

• 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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2. Status of MSD

• Vessels with a holding tank (Type III MSD) and no
  through-hull fitting allowing sewage to be
  discharged overboard are in compliance with RIs
  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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3. Public Education Awareness

• All boat owners/operators shall be provided with
  DEM brochure/fact sheet pertaining to RIs No
  Discharge Law.
• All vessels equipped with holding tanks shall be
  provided with map of pump-out facility locations.

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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 States 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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Understanding MSDs and Boat Sewage Systems
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Marine Toilet with Direct Overboard Discharge

• 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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Marine Toilet with Holding Tank (Dockside
Discharge Only)

• Green Decal is issued.

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Marine Toilet with Holding Tank (Dockside
Discharge with Wye Valve By-Pass)

• Seacock or wye valve must be closed and secured
  with lock or non-releasable tie-wrap.
• Yellow Decal is issued.

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Sea cock in open position
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WYE VALVE

• Diverts Flow from holding
• tank to overboard discharge

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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.

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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.

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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.

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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.

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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.

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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.

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Marine Toilet with Treatment DeviceType I or II
MSD

• Seacock must be shut and secured No-Discharge
  area.
• A Yellow Decal is issued.