Certain Coastal Marinas Now Required to Provide Pumpout Facilities
Special Bulletin
On July 27, 2009, Governor Perdue signed into law the "Clean Coastal Water and Vessel Act" (the "Act") which requires that all "large vessel marinas" along North Carolina's coast provide sewage pumpout facilities for the boating public. The discharge of untreated human sewage into coastal waters can cause significant public health problems. Discharge of such pollutants within the confined space of a marina can be especially unhealthy and aesthetically unpleasant.
The Act defines "large vessel marinas" as those with docking facilities and ten or more wet slips for vessels of 26 feet or more in length that have marine sanitation devices ("heads") other than portable toilets. The Act applies to both public and private large vessel marinas which include many marinas located within residential or resort communities or operated by private clubs and not open to the public. Covered marinas are required to either install pumpout facilities or contract with an outside provider to provide pumpout services on a regular basis. The deadline for compliance is July 1, 2010.
The Act applies to marinas located in coastal waters that have been designated by the U.S. Environmental Protection Agency ("EPA") as "no discharge zones" or where a county or municipality has petitioned EPA for such a designation. To date, EPA has not designated any areas on North Carolina's coast as "no discharge zones," but New Hanover County has adopted a resolution petitioning EPA for such a designation. Thus, the Act presently applies only to marinas in New Hanover County. However, by the simple act of petitioning EPA for such a designation for its area, any other county or municipality along North Carolina's coast will impose these new requirements to marinas within its jurisdiction. While this legislation was intended merely to establish a pilot program in New Hanover County, it potentially could extend to other areas of the North Carolina coast over time.
The Act directs the North Carolina Department of Environment and Natural Resources ("DENR") to establish "appropriate criteria" for pumpout facilities and services including requirements that pumpout facilities located in marinas that offer docking service to the general public be available to the public during "normal hours," that pumpout facilities located in private marinas be "reasonably available" to members, and that all pumpout facilities be used for their intended purpose. Also, marina owners or operators, both public and private, will be required to maintain records regarding the use of their pumpout facilities and services, and owners and operators of vessels with marine sanitation devices will be required to keep similar records, including the date of each pumpout and the location of the pumpout facility. A violation of the recordkeeping requirement will be punishable as a Class 3 misdemeanor.
The Act contains an outright prohibition against discharging treated or untreated sewage into coastal waters, including effluent held or produced by a marine sanitation device. Also, the owner or operator of a vessel with a marine sanitation device must keep the valves that permit discharge locked in the closed position except when lawfully discharging sewage at a pumpout facility. Having an unlocked discharge valve will be punishable as a Class 1 misdemeanor and also may include a civil penalty.
Perhaps most noteworthy and controversial is the requirement that a marina owner or operator report to authorities any knowing and unlawful discharge of sewage. A marina owner or operator who fails to report any such discharge will be subject to a civil penalty. This is particularly significant in light of the authorized civil penalties of up to $10,000 per violation and $10,000 per day for a continuing violation. Such penalties need not be assessed by a court of law, but may be assessed by the Secretary of DENR.
The Act concludes with a directive to the Division of Coastal Management ("DCM") of DENR to establish a pilot program in New Hanover County. DCM must report to the Environmental Review Commission ("ERC") on the design of such a program by December 1, 2009, and report to ERC on the implementation of the pilot program by March 1, 2010. However, as noted earlier, the Act will be extended automatically to other areas along the North Carolina coast whenever a county or municipality adopts a resolution petitioning EPA for designation of a no discharge zone for waters within its jurisdiction.
For further information regarding the issues described above, please contact one of our Environmental Attorneys, Donalt J. Eglinton, William A. Oden, III, Frank H. Sheffield, Jr., or Amy P. Wang.
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This article is not intended to give, and should not be relied upon for, legal advice in any particular circumstance or fact situation. No action should be taken in reliance upon the information contained in this article without obtaining the advice of an attorney.