Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 570 - COMMONWEALTH OF VIRGINIA SANITARY REGULATIONS FOR MARINAS AND BOAT MOORINGS › Part II - Required Sewerage Facilities and Sewerage Systems for Marinas, Other Places Where Boats Are Moored, and Boating Access Facilities and Their Operation › Section 12VAC5-570-180 - Pump-out

Current through Register Vol. 40, No. 24, July 15, 2024
A. Owners of other
				  places where boats are moored that allow overnight docking or mooring of boats
				  and owners of all marinas, regardless of size or number of slips, shall provide
				  pump-out facilities for pumping or removing sewage from boats. These pump-out
				  facilities shall include all the equipment, structures, and treatment or
				  disposal facilities necessary to ultimately discharge or dispose of this boat
				  sewage in an efficient and sanitary manner without causing an actual or
				  potential public health hazard. Exempt from this requirement are marinas and
				  other places where boats are moored that do not have live-aboard slips or allow
				  boats with a marine sanitation device to use any of the services provided,
				  except in an emergency. In order to qualify for this exemption, the owner of
				  such marina or other places where boats are moored shall provide the department
				  with a signed, notarized statement indicating that there are no live-aboard
				  slips and that boats with marine sanitation devices shall not be permitted to
				  use the facility except in an emergency.
B. The owner shall make sewage pump-out
				  facilities available to all users of the marina or other places where boats are
				  moored during normal operating hours. The owner shall maintain the pump-out
				  equipment in serviceable condition and shall keep the equipment located in an
				  area convenient for utilization.
C.
				  The owner shall use placards or signs to identify the sewage pump-out location
				  and use restrictions.
D. Marinas
				  and other places where boats are moored that provide fewer than 50 slips may be
				  exempt from the requirement to install pump-out facilities unless such marinas
				  or other places where boats are moored are located in a No Discharge Zone. Such
				  exemption shall be granted by the division whenever alternate pump-out service
				  is provided at a nearby marina or other places where boats are moored as
				  evidenced by an agreement signed and notarized by both parties in accordance
				  with the requirements of this section, and filed with the division. The
				  division shall only approve such alternate pump-out service in accordance with
				  the following criteria :
1. The alternate
				  pump-out service shall not require more than 20 minutes to complete from the
				  time a boater has the boat ready to receive the service and has previously
				  requested to have the marine sanitation device pumped. The pump-out service for
				  holding tanks of 50-gallon capacity or more (sewage holding) may exceed 20
				  minutes.
2. The alternate pump-out
				  service shall be located within three nautical miles, as measured along the
				  water route, of the exempt facility unless the alternate pump-out service is
				  located along the normal travel route to open water, in which case the exempt
				  facility shall be within five nautical miles of the alternate pump-out
				  service.
3. The alternate pump-out
				  service capacity shall be sufficient to handle the demand for pump-out service
				  that is expected for all of the marinas or other places where boats are moored
				  entering into the agreement referenced in this subsection.
4. The owner of the exempt facility shall
				  post in a conspicuous location appropriate signage that specifies the location
				  of the alternate pump-out service and the associated charge for its
				  use.
5. The terms of the agreement
				  shall provide that:
a. The alternate pump-out
				  service shall be available to all boats moored at each facility and the
				  alternate pump-out facility will furnish pump-out services to boaters referred
				  to it by the exempt facility as specified by this chapter; and
b. The agreement shall be valid for one year
				  and will be automatically renewable on the anniversary date, unless either
				  party gives at least a 60-day termination notice to the other and to the
				  director of the division prior to the renewal date.
6. If a termination notice is issued to an
				  exempt facility in accordance with this subsection, then that facility shall
				  either provide pump-out service or obtain a new written agreement in accordance
				  with this subsection by the effective date of the termination of alternate
				  pump-out service.