Chapter 181

2006 -- H 7791 SUBSTITUTE B AS AMENDED

Enacted 06/23/06

A N A C T

RELATING TO WATERS AND NAVIGATION -- WATER POLLUTION

Introduced By: Representatives Long, Ehrhardt, and Ginaitt

Date Introduced: February 28, 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. Section 3 of Chapter 338 and 399 of the 2004 Public Laws entitled "An Act

Relating to Waters and Navigation – Water Pollution" are hereby amended as follows:

     SECTION 3. This section and section 1 of this act shall take effect on June 1, 2006;

Section 2 of this act shall take effect on June 1, 2007.

     SECTION 3. Section 46-12-40 of the General Laws in Chapter 46-12 entitled "Water

Pollution" is hereby amended to read as follows:

46-12-40. Penalty for violations. [Effective June 1, 2006.] -- (a) Every person in

violation of section 46-12-39 or section 46-12-39.1, or owning, operating or causing to be

operated, upon the waters of the state, a boat in violation of the provisions of section 46-12-39 or

section 46-12-39.1, or aiding in so doing, shall for the first offense be punished by a fine of not

more than five hundred dollars ($500) or be imprisoned for not more than one year in the adult

correctional institutions, or both such fine and imprisonment, and for a second and each

subsequent offense shall be fined not more than one thousand dollars ($1,000) or be imprisoned

for not more than one year in the adult correctional institutions, or both such fine and

imprisonment, in the discretion of the court. If a municipality assists in the prosecution of a

violation of section 46-12-39 or section 46-12-39.1, any fine imposed for that violation shall be

paid one-half (1/2) thereof to the general treasurer of the state and one-half (1/2) thereof to the

treasurer of the town or city where the offense occurred.

(b) Every person in violation of section 46-12-39.1, or owning, operating or causing to

be operated, upon the waters of the state, a boat in violation of the provisions of section 46-12-

39.1, shall be guilty of a civil violation and subject to a fine of up to one hundred dollars ($100).

If a municipality assists in the prosecution of a violation of section 46-12-39.1, any fine imposed

for that violation shall be paid one-half (1/2) thereof to the general treasurer of the state and one-

half (1/2) thereof to the treasurer of the town or city where the offense occurred.

(c) Notwithstanding any inconsistent provision of law, the municipal court shall have

concurrent jurisdiction with the district court to hear and adjudicate violations under this section.

     SECTION 4. Section 46-12-41 of the General Laws in Chapter 46-12 entitled "Water

Pollution" is hereby amended to read as follows:

46-12-41. Enforcement. [Effective June 1, 2006.] -- (a) The department of

environmental management, harbormasters, assistant harbormasters, police officers authorized to

make arrests, and employees of the department of environmental management authorized to

enforce the provisions of chapter 22 of this title shall have the authority to enforce the provisions

of section 46-12-39 and section 46-12-39.1. and in In the exercise thereof of enforcing the

provisions of section 46-12-39 they shall have the authority to stop and board any vessel subject

to this chapter.

      (b) Harbormasters and assistant harbormasters are authorized to make periodic color dye

flush tests of boats subject to section 46-12-39.1, and shall may check such boats moored in their

jurisdictions for no discharge certificate decals, as required pursuant to section 46-12-39.1.

      (c) Any boat not in compliance with section 46-12-39.1 shall not be allowed to receive a

mooring permit from any city or town. Municipalities of the state may deny a mooring permit to

any boat not in compliance with section 46-12-39.1.

     SECTION 5. This act shall take effect upon passage.

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LC02636/5

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