Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 570 - COMMONWEALTH OF VIRGINIA SANITARY REGULATIONS FOR MARINAS AND BOAT MOORINGS › Part I - Introduction › Article 1 - Definitions › Section 12VAC5-570-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
						shall have the following meanings unless the context clearly indicates
						otherwise:
"Board" means the State Board of Health.
"Boat" means any vessel or other watercraft, privately
						owned or owned by the Commonwealth or any political subdivision thereof,
						whether moved by oars, paddles, sails, or other power mechanism, inboard or
						outboard, or any other vessel or structure floating on water in the
						Commonwealth of Virginia, whether or not capable of self-locomotion, including
						but not limited to cruisers, cabin cruisers, runabouts, houseboats and barges.
						Excluded from this definition are commercial, passenger and cargo carrying
						vessels subject to the Quarantine Regulation of the United States Public Health
						Service adopted pursuant to Title 42 of the United States Code and ships or
						vessels of the U.S. Government and boats which are tenders to larger boats
						moored or stored at the same facility.
"Boating access facility" means any installation
						operating under public or private ownership that provides a boat launching ramp
						and has 50 or more parking spaces for boat trailers.
"Certificate" or "certificate to operate" means a
						written approval from the commissioner or his designated representative
						indicating that plans for sewerage facilities, sewerage system, and treatment
						works meet or satisfy the minimum requirements of this chapter and §
						32.1-246 of the Code of Virginia.
"Commissioner" means the State Health Commissioner
						.
"Department" means the Virginia Department of
						Health.
"Division" means the Division of Onsite Sewage and Water
						Services, Environmental Engineering, and Marina Programs, Office of
						Environmental Health Services of the department or its administrative
						successor.
"Dry storage" means boat storage, including boatels,
						valet storage, pigeon hole storage, stackominiums, or where boats rest on racks
						or trailers located on land, whether covered or uncovered, at a marina or other
						places where boats are moored.
"Expanded" means any change to a regulated facility that
						results in an increase in sewage volume or strength due to the addition of
						slips, dry storage spaces, boat trailer parking spaces, or ancillary
						operations.
"Live-aboard slip" means any slip where a boat is moored
						and used principally as a residence or a place of business. Charter and
						commercial fishing boats are not included unless used as a residence.
"Local health department" means the branch of the State
						Health Department, established in accordance with § 32.1-30 of the Code of
						Virginia, that has jurisdiction in the city or county where the regulated
						facility is located.
"Marina" means any installation operating under public
						or private ownership that provides dockage or moorage for boats, other than
						paddle or rowboats, and provides through sale, rental, fee, or free basis any
						equipment, supply, or service including fuel, electricity, or water for the
						convenience of the public or the lessee, renters, or users of the
						facilities.
"Marine sanitation device" means any equipment, piping,
						holding tanks, and appurtenances onboard a boat designed to receive, retain,
						treat, or discharge sewage.
"No Discharge Zone" means an area where a state has
						received an affirmative determination from the U.S. Environmental Protection
						Agency that there are adequate facilities for the removal of sewage from
						vessels (holding tank pump-out facilities) in accordance with § 312(f)(3)
						of the Clean Water Act (33 USC § 1251 et seq.) and where federal approval
						has been received allowing a complete prohibition of all treated or untreated
						discharges of sewage from all vessels.
"Office" means the Office of Environmental Health
						Services.
"Other places where boats are moored" means any
						installation operating under public or private ownership that provides dockage
						or moorage for boats, other than paddle or rowboats, either on a free, rental,
						or fee basis or for the convenience of the boater.
"Owner" means the Commonwealth or any of its political
						subdivisions and any public or private institution, corporation, association,
						firm, or company organized or existing under the laws of this or any other
						state, or any person or group of persons acting individually or as a group who
						owns or proposes to own a marina, other places where boats are moored, or
						boating access facility.
"Pump-out facility" means any device, equipment, or
						method for removing sewage from a marine sanitation device and conveying such
						sewage to a sewerage system or treatment works including any portable, movable,
						or permanent holding tanks.
"Sewerage facility" means bathrooms, toilets, closets
						and other enclosures, including portable toilets, where commodes, water
						closets, lavatories, showers, urinals, sinks, or other such plumbing fixtures
						are installed.
"Sewage" means water-carried and nonwater-carried human
						excrement, kitchen, laundry, shower, bath, or lavatory waste, separately or
						together with such underground, surface, storm, and other water and liquid
						industrial wastes as may be present from residences, buildings, vehicles,
						boats, industrial establishments, or other places.
"Sewage dump station" means a facility specifically
						designed to receive waste from portable sewage containers carried on boats and
						to convey such sewage to a sewerage system or a treatment works.
"Sewerage system" means pipelines or conduits, pump
						stations and force mains, and all other construction, devices, and appliances
						used for the collection and conveyance of sewage to a treatment works or point
						of ultimate disposal.
"Slip" means a berth or space where a boat may be
						secured to a fixed or floating structure, including a dock, finger pier, boat
						lift, or mooring buoy.
"Treatment works" means any device or system used in the
						storage, treatment, disposal, or reclamation of sewage or combinations of
						sewage and industrial wastes, including but not limited to pumping, power and
						other equipment and appurtenances, septic tanks, and any works, including land,
						that are or will be (i) an integral part of the treatment process or (ii) used
						for ultimate disposal of residues or effluents resulting from such
						treatment.
"VMRC" means the Virginia Marine Resources
						Commission.
Statutory Authority: § 32.1-246 of the Code of
						  Virginia.