CHAPTER 275

FORMERLY

HOUSE BILL NO. 537

AS AMENDED BY HOUSE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 60, TITLE 7, DELAWARE CODE, RELATING TO THE REGULATION OF VESSEL SEWAGE PUMPOUT AND VESSEL SEWAGE DISCHARGE INTO OR UPON TIDAL WATERS OF THE STATE OF DELAWARE.

WHEREAS, the unregulated discharge of raw untreated or inadequately treated vessel sewage into or upon waters of the State imparts a significant adverse impact upon water quality, public health and natural resources; and

WHEREAS, the continued unregulated discharge of raw untreated or inadequately treated vessel sewage into State waters poses a threat to the continued unimpeded interstate sale of commercial fish and shellfish and recreation shellfishing in Delaware; and

WHEREAS, the continued discharge of raw untreated or inadequately treated vessel sewage may threaten the fishability and swimmability of the waters of the State; and

WHEREAS, to insure and protect existing and rapidly expanding future demand for the recreational and commercial boating public while at the same time protecting the aforementioned public Interest and natural resources by providing boaters In Delaware with safe, efficient, readily available and convenient vessel sewage pumpout and receiving stations throughout the tidal waters of Delaware;

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of each House thereof concurring therein):

Section I. Amend §6002, Chapter 60, Title 7 of the Delaware Code, by adding nine new Subparagraphs to be designated (43), (44), (45), (46), (47), (48), (49), (50) and (51) which shall read as follows:

(43) 'Boat docking facility' shall mean a place where vessels may be secured to a fixed or floating structure or to the shoreline or shoreline structure.

(44) 'Direct vessel sewage pumpout connection' shall mean a semi-permanent connection made to a vessel for the purpose of removing vessel sewage from the vessel holding tank or head on a continuous or automatic intermittent basis to an approved sewage disposal facility.

(45) 'Vessel discharge' includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping.

(46) 'Graywater' means galley, bath, and shower water.

(47) 'Live-aboard vessel' shall mean:

(a) A vessel used principally as a residence;

(b) A vessel used as a place of business, professional or other commercial enterprise and, If used as a means of transportation, said transportation use is a secondary or subsidiary use; this definition shall not include commercial fishing boats which do not fall under (a) of this subparagraph; or

(c) Any other floating structure used for the purposes stated under (a) or (b) of this subparagraph.

(48) 'Marine sanitation device (MSD)' includes any equipment utilized onboard a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage. Marine sanitation devices are classified as:

(a) 'Type I marine sanitation device' means a device that produces an effluent having a fecal coliform bacteria count not greater than 1,000 per 100 milliliters and no visible floating solids.

(b) 'Type II marine sanitation device' means a device that produces an effluent having a fecal coliform bacteria count not greater than 200 per 100 milliliters and suspended solids not greater than 150 milligrams per liter.

(c) 'Type III marine sanitation device' means a device that Is designed to prevent the overboard discharge of treated or untreated sewage or any waste derived from sewage, that is, a no discharge' device. A Type

III MSD shall Include both portable and permanently Installed MSD devices.

(49) 'Vessel sewage pumpout station' shall mean a mechanical device which is temporarily connected to a vessel for the purpose of removing vessel sewage from its holding tank or head to an approved sewage disposal facility.

(50) 'Vessel' shall mean and include every description of watercraft, boat, houseboat or other form of artificial contrivance used, or capable of being used, whether or not capable of self-propulsion, for navigation on the waters of the state.

(51) 'Vessel sewage' shall mean human body wastes and wastes from toilets and other receptacles Intended to receive or retain human body wastes."

Section 2. Amend Chapter 60, Title 7, Delaware Code, by adding thereto a new Section to be designated §6036 which shall read as follows:

"§6036. Vessel Sewage Discharge.

This section shall cover publicly and privately owned marinas or boat docking facilities providing dockage for vessels utilizing Type III MSDs (marine sanitation devices).

(a) All marinas or boat docking facilities, as determined by the Department, that provide dockage for vessels other than live-aboard vessels utilizing a Type III marine sanitation device (MSD) within the tidal waters of the State of Delaware shall Install and maintain at all times In a fully operable condition an approved vessel sewage pumpout station(s) for the removal of vessel sewage and graywater from vessel holding tanks or heads, to an approved sewage disposal system, as determined by the Department.

(b) All marinas or boat docking facilities, as determined by the Department, that provide dockage for live-aboard vessels utilizing a Type III marine sanitation device (MSD) within the tidal waters of the State of Delaware shall install and maintain at all times In a fully operable condition an approved direct vessel sewage pumpout connection at each live-aboard vessel slip or tieup space for the purpose of removing vessel sewage and graywater from the live-aboard vessel on a continuous or automatic Intermittent basis to an approved sewage disposal system, as determined by the Department.

(c) Pumping out or vessel discharge of untreated or Inadequately treated vessel sewage into or upon the waters of any marina or boat docking facilities or tidal water of the State is prohibited.

(d) No vessel with a Type III marine sanitation device (MSD) shall be fitted In such a way that a 'Y' valve Is connected to a holding tank and a through-the-hull fitting, thus allowing for the possibility of overboard discharge of untreated or inadequately treated vessel sewage Into waters of the State.

(a) The Secretary shall have authority to adopt reasonable rules and
regulations to Implement this section."

Section 3. Subsections (a) and (b) of §6036 as adopted herein shall become effective April 1, 1989.

Section 4. Subsections (c), (d) and (e) of §6036 as adopted herein shall become effective upon passage and signing of this Act.

Approved June 21, 1988