Section 120. General

Part II. Required Sewerage Facilities and Sewerage Systems for Marinas, Other Places Where Boats Are Moored, and Boating Access Facilities and Their Operation

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 handwashing 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.

Historical Notes

Derived from VR355-17-01 § 2.1, eff. September 1, 1987; amended, Volume 06, Issue 24, eff. October 1, 1990; Volume 32, Issue 06, eff. December 16, 2015.

Statutory Authority

§ 32.1-246 of the Code of Virginia.