2005 -- S 0961

=======

LC02798

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2005

____________

A N A C T

RELATING TO WATERS AND NAVIGATION

     Introduced By: Senators Bates, and Sosnowski

     Date Introduced: March 16, 2005

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 46-12-39.1 of the General Laws in Chapter 46-12 entitled "Water

1-2

Pollution" is hereby amended to read as follows:

1-3

     46-12-39.1. No discharge certificate decal -- Required. [Effective June 1, 2006.] -- (a)

1-4

Definitions. - As used in this section and in conjunction with this chapter, the following terms

1-5

shall be construed as follows:

1-6

      (1) "Boat" means any vessel or water craft whether moved by oars, paddles, sails, or

1-7

other power mechanism, inboard or outboard, or any other vessel excluding commercial vessels

1-8

or structure floating upon the water whether or not capable of self-locomotion, including house

1-9

boats, barges, and similar floating objects.

1-10

      (2) "Certification agent" means a marina or boatyard which is capable of installing

1-11

sewage disposal holding tanks and related equipment; a certified marine sewage pump-out

1-12

facility, including a mobile facility; the Narragansett Bay Power Squadron; the U.S. Coast Guard;

1-13

the U.S. Coast Guard auxiliary; and local harbor masters and assistant harbor masters.

1-14

      (b) No person shall operate, or moor for more than seven (7) days, a boat in the waters of

1-15

the state, other than an open boat without sleeping accommodations, unless such boat displays in

1-16

a prominent position an approved "no discharge certificate decal."

1-17

      (c) Two (2) no discharge certificate decals, differing in color, shall be made available by

1-18

the department of environmental management for issuance to boats subject to the requirements of

1-19

this section. Decals of one color shall signify that the recipient boat has a marine toilet, in proper

2-1

working order, which is either a marine sanitation device-type I, a marine sanitation device-type

2-2

II, or a marine sanitation device-type III with a holding tank bypass value, but the boat owner or

2-3

operator had taken the steps necessary to prevent the discharge of sewage into the waters. Decals

2-4

of the other color shall signify that the recipient boat either has a marine sanitation device-type III

2-5

without a holding tank bypass valve, or no marine toilet at all.

2-6

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

2-7

and no additional certification shall be required during that period.

2-8

      (e) The department of environmental management shall collect and deposit into a

2-9

separate general revenue account a fee of ten dollars ($10.00) for each certificate to defray the

2-10

cost of implementation of this section.

2-11

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

2-12

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

2-13

each marine toilet on a boat, as well as any associated plumbing or holding tank fixtures, to

2-14

ascertain whether the boat is in compliance with section 46-12-39. If necessary, the certification

2-15

agent shall perform a color-dye flush test of each toilet to verify compliance.

2-16

      (h) At the time any boat equipped with a marine sanitation device-type III is issued a

2-17

certificate decal, the certification agent shall also issue a frequency compliance record card,

2-18

which shall be stamped, by the pump-out station operator, or in the event of remote sewage

2-19

removal, the station operator or pump-out boat operator shall issue a certificate to be attached to

2-20

the compliance records card, when sewage is pumped, by the pump-out station operator. This

2-21

document shall remain on board a boat and shown when requested during an inspection.

2-22

      (i) Each boat equipped with a marine sanitation device-type III shall be pumped out

2-23

whenever it is removed from the waters for water storage purposes.

2-24

     SECTION 2. This act shall take effect upon passage.

=======

LC02798

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO WATERS AND NAVIGATION

***

3-1

     This act would also give authority to the pump-out station operator or pump-out boat

3-2

operator to issue a certificate to be attached to the compliance record card, in the event of remote

3-3

sewage removal.

3-4

     This act would take effect upon passage.

=======

LC02798

=======