CHAPTER 137

FORMERLY

SENATE BILL NO. 182

AN ACT TO AMEND CHAPTER 60, TITLE 7 OF THE DELAWARE CODE RELATING TO MARINE FACILITIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §6002, Chapter 60, Title 7 of the Delaware Code by

deleting (50) of said section in its entirety and substituting the following:

"(50) 'Marine Sanitation Device (MSD)' includes any equipment on board

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 visiable floating solids.

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

b. 'Type III marine sanitation device' means a device that is

certified to a no-discharge standard. Type III devices include

recirculating and incinerating MSDs and holding tanks.

c. 'Pumpout facility' means a mechanical device which is
temporarily connected to a vessel for the purpose of removing sewage and graywater from a vessel to an approved sewage disposal facility."

Section 2. Amend §6002, Chapter 60, Title 7 of the Delaware Code by adding new subsections to read as follows:

"(54) ' Marinas' are those facilities adjacent to the water which

provide for mooring, berthing, or storage of boats, and which include any or all of the related ancillary structures and functions of marinas, such as docks, piers, boat storage areas, boat ramps, anchorages, breakwaters, channels, moorings, basins, boat repair services, boat sales, sales of supplies which are normally associated with boating such as fuel, bait and tackle, boat rentals and parking areas for users of the marina.

(55) 'Slip' means a place where a boat may be secured to a fixed or
floating structure, including, but not limited to a dock, pier, mooring or
anchorage. Slips may be wet (in the water) or dry (in a rack or other
device on land).

(56) 'Dump station' means a type of pumpout facility that receives vessel sewage from portable marine sanitation devices and delivers that sewage to an approved sewage disposal facility.

(57) 'Dedicated pumpout facility' means a semi-permanent connection
made to a vessel for the purpose of removing sewage and graywater from the vessel on a continuous basis or automatic intermittent basis to an approved disposal facility."

Section 3. Amend §6035, Chapter 60, Title 7 of the Delaware Code by

deleting subsection (a) and paragraphs (b) (1), (b) (2), (b) (3), and (b) (4) in their entirety, substituting the following, and renumbering the remaining paragraph accordingly:

"(a) Marina owners/operators for marinas that are located in whole or in part on tidal waters of the State of Delaware, and that provide dockage for vessels with a Type III marine sanitation device(s) (MSD), shall provide convenient access, as determined by the Department, to an approved, fully operable and well maintained pumpout facility(ies) and/or dump

 station(s) for the removal of sewage and graywater from said vessels to a Department approved sewage disposal system.

(b) (1) Owners/operators may agree to pool resources for a single

pumpout dump station with Departmental approval based on criteria of number and class of vessels, marina locations, cost per pumpout use, and ultimate method of sewage treatment and disposal (i.e. septic system or waste water treatment facility).

(2) The owner/operator of any boat docking facility that is
located in whole or in part on tidal waters of the State of Delaware, and that provides dockage for a live-aboard vessel(s) with a Type III marine sanitation device(s), shall install and maintain at all times, in a fully operable condition, an approved dedicated pumpout facility at each live-aboard vessel on a continuous or automatic, intermittent basis to a Department approved sewage disposal system.

(3) Any discharge, by any means, of untreated or inadequately
treated vessel sewage into or upon the waters of any marina, boat docking facility or tidal water of the State is prohibited.

(1) This section applies to all vessels while on waters of the State of Delaware. All pathways for overboard discharge of vessel
sewage from any vessel with a Type III marine sanitation device (MSD) shall be blocked or secured in such a way as to prevent any accidental or intentional vessel sewage discharge. This shall be accomplished by disconnecting or physically blocking those onboard sewage lines or through-hull fittings which would allow for overboard vessel sewage discharge. In the event an in-line 'Y' valve is used, overboard vessel
sewage discharge shall be prevented by bypassing, locking, securing or disabling said valve by use of a padlock, non-reusable wire tie wrap, removal of the valve handle, or any other method approved or required by the Department, such that the chosen compliance method will totally eliminate the possibility of overboard vessel sewage discharge while in waters of the State. The method chosen must be one that presents a physical barrier to the use of the valve, whether accidental or intentional, so that surreptitious use can not occur without the knowledge of the owner."

Approved July 9, 1991.