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.
E. The purpose of these minimum design criteria is to provide the owner and the department with acceptable methods for pumping, storing, and conveying the contents from marine sanitation devices. A proposed pump-out facility shall meet the following minimum design criteria:
1. Pump equipment may be fixed or portable; however, this equipment shall be clearly identified or placarded by signs or other notices, indicating any fees, restrictions, or other operating instructions, as necessary. A minimum pump capacity of 10 gallons per minute (gpm) is acceptable at the operating head required to transport the flow to the proper collection or treatment location with such residual head as may be required; however, at marinas with 51 or more slips, greater pumping capacity may be required. To prevent clogging, pumps shall be of a macerator type or the pumps shall be able to pass a 2-inch spherical solid. Manually operated pumps are acceptable at marinas and other places where boats are moored that offer fewer than 26 slips. Pump data from the manufacturer shall include:
a. The type of pump (positive displacement, centrifugal, vacuum, macerator, etc.);
b. Pump power source (electric motor, gasoline engine, etc.) and output (HP);
c. Pump capacity, including a performance curve;
d. Pump solids-handling ability; and
e. A schematic showing relevant pump dimensions, such as height, size, and location of suction and discharge openings, etc.
2. A schematic of the proposed facilities shall be provided and include the following minimum information:
a. Mean low water elevation;
b. Suction hose diameter, length, and highest elevation;
c. Pump elevation;
d. Discharge hose/pipe diameters, lengths, and highest elevation;
e. Discharge point elevation;
f. Type of dock (floating or stationary);
g. Greatest elevation of any dock; and
h. Distance between pump-out location and slips.
All elevations shall be measured with respect to mean low water. If the elevation of mean low water is not known, assume it to be zero.
3. This subdivision sets forth the minimum design criteria for fittings and hoses (piping) used in the operation of a pump-out facility:
a. Suction hoses shall meet the following criteria:
(1) A friction nozzle (right angle preferred) or wand-type attachment is to be provided on the end of the suction hose. Adapters shall be provided to fit any discharge connection from 1.25 to 2 inches in diameter.
(2) A check valve shall be provided on the suction hose at the nozzle.
(3) The hose shall be made of flexible, heavy-duty material that will be noncollapsing and nonkinking. The length of this line shall be determined on an individual case basis by the division.
(4) If the suction line is to be installed in such a manner that sewage would discharge from the line when the pump is removed for service, a full port ball valve shall be provided on the pump end of the suction line.
b. Discharge hose and piping shall meet the following criteria:
(1) The discharge hose or piping shall be equipped with watertight, permanent or positive locking type fittings and connections.
(2) Where flexible discharge hose is used, the hose shall be made of heavy-duty material and be nonkinking and noncollapsing.
c. Discharge lines shall meet the following criteria:
(1) A full port ball valve shall be provided on the discharge line at the pump.
(2) Suitable connections on the end of the discharge line shall be provided to prevent it from dislodging during discharge; all nozzles and fittings are to be positive locking, male and female.
(3) The discharge line shall not be subject to freezing or leaking into the water course.
(4) Sewer lines on piers shall be located below water distribution lines. Water and sewer line separation and sewer line and water source separation requirements are set forth in the Waterworks Regulations (12VAC5-590) and the Sewage Handling and Disposal Regulations (12VAC5-610).
(5) The discharge line connection to the pump-out receiving facility shall be fixed in place in such a manner as to prevent it from dislodging during discharge.
d. Pump-out facilities shall include equipment for rinsing holding tanks associated with marine sanitation devices. Where potable water will be used for rinsing the holding tank, a backflow prevention device shall be installed on the water service line. A minimum of a hose bib type vacuum breaker shall be provided.
4. Other devices or methods of removal of contents from marine sanitation devices may be approved by the division on an individual case basis.
12VAC5-570-190. Sewage Dump Station.
A. All marinas and other places where boats are moored, regardless of size or number of boat moorings, shall have a proper and adequate receiving station for sewage from portable containers used on boats. Exempt from this subsection are marinas or other places where boats are moored that also qualify for the exemption contained in 12VAC5-570-120 B or C provided that the owner of the sewerage facility consents to the dumping of the contents of portable sewage containers into the sewerage facilities.
B. Where a sewage dump station is required, the owner shall install and maintain it in a serviceable and sanitary condition and in compliance with this chapter. The owner shall make the facilities available to users of the marina or other places where boats are moored. The owner shall locate the sewage dump station in an area convenient for use, and the owner shall use placards or signs to identify its location and restrictions.
C. The purpose of the minimum design criteria is to provide the owner and the department with acceptable methods of discharging sewage from portable containers into a sewage holding tank or a sewerage treatment works. The same criteria set forth in 12VAC5-570-200 A for contents from marine sanitation devices shall apply for sewage dump stations. The sewage dump station receiving unit shall be a minimum of 12 inches in diameter and be equipped with a cover that has a lip of sufficient size to prohibit accidental removal. If the unit is designed to drain, the drain shall be a minimum of four inches in diameter and equipped with a fly tight cover.
D. Marinas and other places where boats are moored that have an operational pump-out facility equipped with a device to pump portable sewage containers are exempt from the requirements of subsection C of this section.
12VAC5-570-60. Permits and Certificate.
No owner shall construct a marina, other places where boats are moored, or a boating access facility unless he has obtained a construction permit in accordance with this chapter. No owner shall operate a marina, other places where boats are moored, or a boating access facility until the local health department has inspected and approved construction and has issued a certificate to operate. Owners shall obtain a permit from the VMRC to operate a marina, other places where boats are moored, or a boating access facility when so required by § 62.1-44.15:5.01 of the Code of Virginia. Where state-owned bottom lands are involved, the owner shall submit a preliminary design and receive approval by the division prior to construction and the issuance of a certificate to operate.
12VAC5-570-80. Certificate to Operate.
A. Upon completion of construction of the sewerage facilities, sewerage systems, and treatment works at marinas, other places where boats are moored, or boating access facilities, the owner or his duly authorized representative shall notify the local health department so that it may inspect the construction. When the division, in consultation with the local health department, has determined that construction is in compliance with the approved plan, it shall issue a certificate to operate to the owner of the marina, other place where boats are moored, or boating access facility. The certificate to operate shall remain valid in accordance with this section.
B. The owner shall post the certificate to operate in a place where it is readily observable by members of the public who transact business with the facility.
C. All marinas, other places where boats are moored, and boating access facilities shall be subject to a five-year, renewable certificate to operate. The owner of the marina, other place where boats are moored, and boating access facility shall request a new certificate to operate at least 90 days prior to the expiration date of the existing certificate to operate. The division shall issue the new certificate to operate provided the 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.
D. If the commissioner grants a variance, or the division approves any exception to this chapter, then the certificate to operate shall contain that information. The owner of the marina, other place where boats are moored, or boating access facility shall follow any condition or requirement listed on the certificate to operate.
E. As a condition of the certificate to operate, owners of marinas, other places where boats are moored, or boating access facilities shall allow the department to perform one or more inspections per year of the sewerage facilities, sewerage systems, and treatment works to ensure compliance with this chapter and § 32.1-246 of the Code of Virginia. The division may revoke the certificate to operate pursuant to 12VAC5-570-100.
12VAC5-570-120. Restroom Facilities.
A. All owners of marinas, other places where boats are moored, and boating access facilities shall provide the minimum number of sewerage facilities required by this chapter for their patrons. Owners shall maintain their facilities in a clean and operable condition. Owners shall equip their facilities with toilet tissue, lights where electricity is available, and soap and towels where hand washing facilities are required. Owners shall make their facilities available during normal business hours to patrons and users of these facilities during the boating season for that facility.
B. Marinas located within 1,000 feet of the shore end of the pier that are operated as part of residential developments, overnight lodging facilities, restaurants, or commercial establishments are exempt from providing separate sewerage facilities, as long as the sewerage facilities at the residence, lodging establishment, restaurant, or commercial establishment are made available to all users of the marina. The exemption set forth in this subsection does not apply to:
1. Marinas associated with restaurants or commercial establishments that allow overnight occupancy of boats; and
2. Marinas associated with overnight lodging establishments where overnight occupancy of boats is permitted by persons not registered at the overnight lodging establishment.
C. Other places where boats are moored and boating access facilities are exempt from the requirements of subsection A of this section, provided that the other places where boats are moored or boating access facility:
1. Serves residents of homes (houses, condominiums, apartments, or mobile homes), their bona fide house guests, or registered guests of tourist establishments; and
2. Provides adequate sewerage facilities located within 1,000 feet of the shore end of the pier.
D. In order to qualify for an exemption under subsection B or C of this section, the owner of a marina, other places where boats are moored, or a boating access facility shall provide to the division a signed, notarized statement that all conditions set forth in this section will be complied with by users of the facilities.