12VAC5-570 Commonwealth of Virginia Sanitary Regulations for Marinas and Boat Moorings

REGULATIONS

Vol. 30 Iss. 7 - December 02, 2013

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Chapter 570

Proposed Regulation

Title of Regulation: 12VAC5-570. Commonwealth of Virginia Sanitary Regulations for Marinas and Boat Moorings (amending 12VAC5-570-10, 12VAC5-570-30 through 12VAC5-570-190; adding 12VAC5-570-200; repealing 12VAC5-570-20).

Statutory Authority: § 32.1-246 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: January 31, 2014.

Agency Contact: Preston Smith, Manager, Marina Programs, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7468, FAX [phone], or email [e-mail].

Basis: Sections 32.1-12 and 32.1-246 of the Code of Virginia require the State Board of Health to promulgate regulations establishing minimum requirements for sewerage facilities at marinas and other places where boats are moored. Section 32.1-164 of the Code of Virginia provides that the board's regulations may require that residences, buildings, structures, and other places designed for human occupancy as the board may prescribe be provided with a sewerage system or treatment works.

Purpose: The board's Marina Regulations are intended to protect public health and the environment by ensuring that sewage generated from boats and onshore boating facilities is treated and disposed of properly. The Marina Regulations have not been revised since the board adopted amendments in 1990. Since that time, development has increased dramatically in the Chesapeake Bay watershed and other tributaries and around Virginia's inland lakes. At the same time the public's awareness of and susceptibility to impaired water quality has increased. Boating has increased in popularity with more than 12 million boats in use nationwide. While the number of large commercial marinas has steadily grown, Virginia has also seen an increase in the number of smaller facilities, such as neighborhood marinas and public boat ramps. The proposed amendments simplify and clarify many regulatory requirements and address the need to modify the regulatory requirements for two facilities in particular: (i) marinas that serve owners who live aboard their boats and (ii) public boating access facilities (boat ramps) that receive heavy use (i.e., that have parking spaces for 50 or more boat trailers). In addition, the proposed amendments reflect the evolution in the methods of conveying and disposing human waste aboard boats; in particular, the proposed amendments address the advent of waste disposal via a marine sanitation device or a portable toilet. In addition to these methods, the Marina Regulations also require pump-outs to safely and properly handle waste disposal. Some of the changes, particularly those that simplify the method for determining sewage flow as a function of the number of slips, are intended to provide marinas and other places where boats are moored with the flexibility to redefine business models regarding the types of boats and boating activities they will service.

Substance: The amendments cover five main areas: (i) definitions of terms; (ii) requirements for sanitary fixtures based on the number of slips and dry storage spaces; (iii) sewerage facility requirements at boating access facilities (boat ramps); (iv) sewage design flows based on the number of slips rather than the type of slip with a specific flow assigned to all slips used as live-aboard slips; (v) a new section for onshore facility requirements; and (vi) an exemption from the requirement for a sewage dump station for any facility that has a sewage pump-out and the correct appurtenance for pumping out portable toilets.

The agency amended 12VAC5-570-10 to define boating access facility as a location consisting of a boat ramp. The agency expanded the definition for dry storage to include different ways boats are stored between uses. The agency added a definition for live-aboard slip. The agency defined regulated facilities as marinas, other places where boats are moored, and boating access facilities with 50 or more parking spaces for boat trailers.

The agency amended 12VAC5-570-150 to provide an allowance for smaller boating facilities to construct unisex bathrooms.

The agency amended 12VAC5-570-160 to require sewerage facilities at boating access facilities that have 50 or more parking spaces for boat trailers.

The agency amended 12VAC5-570-180 to prohibit marinas or other places that provide live-aboard slips or boats with a marine sanitation device to invoke an exemption to provide a pump-out service.

The agency amended 12VAC5-570-190 to allow marinas with a pump-out facility equipped with a specialized device (i.e., porta-potty wand) to use the device to excavate sewage from portable sewage containers instead of installing a dump station.

Issues: The primary advantages to the public of these amendments are improved sewage handling in sensitive waterfront areas and the assurance that when the public visits a regulated facility, there will be adequate sewerage fixtures to meet their needs. Having sewerage facilities available in such locations reduces the potential that human wastes will be improperly dumped into the waters of the Commonwealth. The requirement for smaller-sized marinas to install shower facilities poses an additional economic burden on smaller marina owners. This burden is offset somewhat, however, by the change that allows these smaller facilities to install a unisex bathroom instead of having to construct separate facilities for men and women. The proposed amendments create advantages to the public and the department by simplifying the regulatory program; specifically, the number of sewerage fixtures required at regulated facilities is no longer driven by the type of slip (seasonal or transient) but rather by the total number of slips and dry storage spaces. This proposed amendment allows owners the freedom to accommodate both short-term and long-term boaters without impacting any future growth. The amendments propose a higher sewage flow for live-aboard slips to reflect the higher water usage associated with these residences. While this change may pose economic impacts to owners, it provides public health protection from raw sewage discharge by helping to ensure that sewerage systems and treatment works are sized adequately to handle the wastewater load.

The department worked with an ad hoc group of stakeholders in developing the proposed amendments. While that group was not able to review all of the proposed amendments, it supported the need to update the regulations and generally supported the substantive changes proposed.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Health's Sanitary Regulations for Marinas and Boat Moorings establish minimum standards for sewage handling and disposal at regulated facilities. The regulations are intended to protect public health and the environment by ensuring that sewage generated from boats and onshore boating facilities is treated and disposed of properly. The Marina Regulations have not been revised since the Board adopted amendments in 1990. Among other changes the Board proposes to: 1) require that boating access facilities have at least one privy, 2) eliminate the distinction between transient and seasonal slips as the basis for determining sewerage fixture needs, 3) establish a new category of slip, live-aboard slip, with a higher wastewater flow number, 4) provide owners with facilities that have proper sanitary waste pump-out services an alternative to installing a sanitary waste dump station, and 5) allow the use of manually operated pumps at marinas and other places where boats are moored that offer fewer than 26 slips.

Result of Analysis. The benefits likely exceed the costs for one or more proposed changes. There is insufficient data to accurately compare the magnitude of the benefits versus the costs for other changes.

Estimated Economic Impact. The proposed regulations do state that "Marinas, other place(s) where boats are moored, and boating access facilities in operation prior to the effective date of this chapter shall be subject to the regulations in effect at the time the marina, other place(s) where boats are moored or boating access facility was permitted unless such marina, other place(s) where boats are moored or boating access facility is expanded after the effective date of this chapter." So, no marina or other facility will face increased (or decreased) costs due to the proposed changes in these regulations unless they expand after the effective date of the adoption of these proposed amended regulations. Further, federal funding is available to pay 75 percent of the cost of investments in sewage handling infrastructure.¹

The Board proposes to require that boating access facilities have at least one privy (porta john). Boating access facilities are defined as any installation operating under public or private ownership that provides a boat launching ramp and has 50 or more parking spaces for boat trailers. The Virginia Department of Health (Department) estimates that purchasing a privy costs from $500 to $750;² leasing a privy costs about $150.00 per week and that includes a weekly service (pump-out and cleaning).³ The benefit of this proposed requirement is reduced risk to public health and the environment. According to the Department there has been a problem with unprocessed sewage being left in the water and on the land at boating access facilities and adjacent properties. The proposed requirement for a privy is intended to reduce such incidences and thus reduce potential harm to public health and the environment.

The Board also proposes to eliminate the distinction between transient and seasonal slips as the basis for determining sewerage fixture needs. In the current regulations the required number of sewerage fixtures per given quantity of transient slips is greater than the required number of sewerage fixtures per given quantity of seasonal slips. Under the proposed regulations where the distinction between transient and seasonal is eliminated, the required number of sewerage fixtures per given quantity of slips is between the required numbers for seasonal and transient under the current regulations. Thus, marina owners with relatively more transient slips may encounter a slight reduction in the number of required sewerage fixtures under the proposed regulations; while marina owners with relatively more seasonal slips may encounter a slight increase in the number of required sewerage fixtures under the proposed regulations. As indicated earlier, these changes in the number of required sewerage fixtures only apply for facilities which expand after the effective date of the adoption of these proposed amended regulations.

Public or municipal sewerage systems and treatment works should be used if there is reasonable access to sewers. When such municipal means of disposal are not available, the owner shall have designed and installed an approved sewerage system or treatment works. The sewage design flow for each slip shall be 25 gallons per slip per day.

The Board proposes to establish a new category of slip, live-aboard slip, with a higher wastewater flow number. Live-aboard slips are any slip where a boat is moored and used principally as a residence or a place of business. Charter and commercial fishing boats are not included unless used as a residence. The Board proposes to require that the sewage design flow for each live-aboard slip be 50 gallons per slip per day. Users of live-aboard slips are likely to put significantly greater demands on the sewage system given that the slip users are likely to be present at the facility for a much higher percentage of time than other slip users.

The proposed regulations do allow for a reduction in the sewage flow requirements if the owner provides documented flow data sufficient to justify the reduction. The owner could do this by use of a water meter measuring actual discharge into the onsite system. Such meters cost approximately $500. Expansion of an onsite system would on the other hand cost thousands of dollars.⁴

The Board proposes to provide owners with facilities that have proper sanitary waste pump-out services an alternative to installing a sanitary waste dump station. Marinas and other place(s) where boats are moored that have an operational pump-out facility equipped with a device to pump portable sewage containers would not be required to have a dump station (costs about $5,000). The wand attachment is now commonly used at boating facilities with sanitary waste pump-out systems because it is easy to use and limits the boaters opportunity to spill sanitary waste into the water thereby protecting the environment. The wand costs approximately $25.⁵

Under the current regulations manually operated pumps are not permitted. The Board proposes to allow the use of manually operated pumps at marinas and other places where boats are moored that offer fewer than 26 slips. Manually operated pumps cost approximately $1,500 and could help avoid spending $15,000.⁶

Businesses and Entities Affected. The proposed amendments potentially affect owners of the 525 marinas, 402 other places where boats are moored, and 25 public access facilities (boat ramps) in the Commonwealth,⁷ as well as the customers and suppliers of such facilities.

Localities Particularly Affected. Localities that own (or propose to own) regulated facilities are regulated under the current regulations and will be affected by the proposed amendments. These include the Cities of Alexandria, Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach, Suffolk and the counties of Fairfax, Prince William, Stafford, Spotsylvania, James City, and the Northern Neck, Middle Peninsula, and Eastern Shore regions.

Projected Impact on Employment. The proposal to require that boating access facilities have at least one privy may increase demand for firms which supply and service privies. Consequently employment for such firms may modestly increase.

Effects on the Use and Value of Private Property. The proposal to require that boating access facilities have at least one privy may increase demand for firms which supply and service privies. Consequently the value for some such firms may modestly increase.

Small Businesses: Costs and Other Effects. The proposed amendments are unlikely to significantly increase costs for small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments are unlikely to significantly adversely affect small businesses.

Real Estate Development Costs. The proposals to allow the use of manually operated pumps at marinas and other places where boats are moored that offer fewer than 26 slips and to provide owners with facilities that have proper sanitary waste pump-out services an alternative to installing a sanitary waste dump station will modestly reduce develop costs for applicable marinas and other places where boats are moored.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

__________________________

¹ Source: Virginia Department of Health

² Ibid

³ Ibid

⁴ Ibid

⁵ Ibid

⁶ Ibid

⁷ Ibid

Agency's Response to Economic Impact Analysis: The Virginia Department of Health concurs with the Department of Planning and Budget's economic impact analysis. The benefits of the regulations likely exceed the costs for one or more proposed changes.

Summary:

The Sanitary Regulations for Marinas and Boat Moorings establish minimum standards for sewage handling and disposal at regulated facilities to ensure that sewage generated from boats and onshore boating facilities is treated and disposed of properly. The proposed amendments (i) provide an allowance for smaller boating facilities to construct unisex bathrooms, (ii) eliminate the distinction between transient and seasonal slips as the basis for determining sewerage fixture needs, (iii) establish a new live-aboard slip category with a higher wastewater flow number, (iv) provide an alternative to installing a sanitary waste dump station for owners with facilities that have proper sanitary waste pump-out services, and (v) allow the use of manually operated pumps at marinas and other places where boats are moored that offer fewer than 26 slips.

Part I
Introduction

Article 1
Definitions

12VAC5-570-10. Definitions.

As used in this chapter, the The following words and terms hereinafter set forth when used in this chapter shall have the following meanings respectively, unless the context clearly requires a different meaning. indicates otherwise:

"Board" means the State Board of Health.

"Boat" means any vessel or other watercraft, privately owned or owned by the Commonwealth or any political subdivision thereof, whether moved by oars, paddles, sails, or other power mechanism, inboard or outboard, or any other vessel or structure floating on water in the Commonwealth of Virginia, whether or not capable of self-locomotion, including but not limited to cruisers, cabin cruisers, runabouts, houseboats and barges. Excluded from this definition are commercial, passenger and cargo carrying vessels subject to the Quarantine Regulation of the United States Public Health Service adopted pursuant to Title 42 of the United States Code and ships or vessels of the U.S. Government and boats which are tenders to larger boats moored or stored at the same facility.

"Boating access facility" means any installation operating under public or private ownership that provides a boat launching ramp and has 50 or more parking spaces for boat trailers.

"Certificate" means a written approval from the Commissioner commissioner or his designated representative indicating that plans for sanitary facilities and sewage 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.

"Commissioner" means the State Health Commissioner whose duties are prescribed in § 32.1-19 of the Code of Virginia.

"Department" means the Virginia Department of Health.

"Division" means the Division of Wastewater Engineering, Department of Health Onsite Sewage and Water Services, Environmental Engineering, and Marina Programs, Office of Environmental Health Services of the department or its administrative successor.

"Dry storage" means a boat storage, including boatels, valet storage, pigeon hole storage, stackominiums, or parking space where boats rest on racks or trailers located on land, whether covered or uncovered, at a marina or other place places where boats are moored for the purpose of storing boats on land between use.

"Expanded" means any change to a regulated facility that results in an increase in sewage volume or strength due to the addition of slips, dry storage spaces, boat trailer parking spaces, or ancillary operations.

"Live-aboard slip" means any slip where a boat is moored and used principally as a residence or a place of business. Charter and commercial fishing boats are not included unless used as a residence.

"Local health department" means the branch of the State Health Department, established in accordance with § 32.1-30 of the Code of Virginia, that has jurisdiction in the city or county where the regulated facility is located.

"Marina" means any installation operating, under public or private ownership, which that provides dockage or moorage for boats (exclusive of, other than paddle or rowboats) rowboats, and provides, through sale, rental or, fee, or free basis, any equipment, supply, or service (fuel including fuel, electricity, or water) water for the convenience of the public or its leasee the lessee, renters, or users of its the facilities.

"Marine sanitation device" means any equipment, piping, holding tanks, and appurtenances such as holding tanks for installation on board onboard a boat which is designed to receive, retain, treat, or discharge sewage and any process to treat such sewage.

"No Discharge Zone" means an area where a state has received an affirmative determination from the U.S. Environmental Protection Agency that there are adequate facilities for the removal of sewage from vessels (holding tank pump-out facilities) in accordance with § 312(f)(3) of the Clean Water Act (33 USC § 1251 et seq.) and where federal approval has been received allowing a complete prohibition of all treated or untreated discharges of sewage from all vessels.

"Office" means the Office of Environmental Health Services.

"Other places where boats are moored" means any installation operating under public or private ownership, which that provides dockage, or moorage or mooring for boats, other than (exclusive of paddle or rowboats) rowboats, either on a free, rental, or fee basis or for the convenience of the public boater.

"Owner" means the Commonwealth or any of its political subdivisions and any public or private institution, corporation, association, firm, or company organized or existing under the laws of this or any other state or county, or any person or group of persons acting individually or as a group who owns or proposes to own a marina, or other place places where boats are moored, or boating access facility.

"Pump-out facilities facility" means any device, equipment, or method of for removing sewage from a marine sanitation device. Also, it shall include and conveying such sewage to a sewerage system or treatment works including any portable, movable, or permanent holding tanks either portable, movable or permanently installed, and any sewage treatment method or disposable equipment used to treat, or ultimately dispose of, sewage removed from boats.

"Sanitary facilities "Sewerage facility" means bathrooms, toilets, closets and other enclosures, including portable toilets, where commodes, stools, water closets, lavatories, showers, urinals, sinks, or other such plumbing fixtures are installed.

"Seasonal slips" means any slip which is used, rented, leased, or otherwise made available for mooring or docking of boats during the normal boating season, usually from April through September, or for any period greater than 30 days.

"Sewage" means the spent water or wastewater containing human excrement coming from toilets, bathrooms, commodes and holding tanks. water-carried and nonwater-carried human excrement, kitchen, laundry, shower, bath, or lavatory waste, separately or together with such underground, surface, storm, and other water and liquid industrial wastes as may be present from residences, buildings, vehicles, boats, industrial establishments, or other places.

"Sewage dump station" means a facility specifically designed to receive waste from portable sewage containers carried on boats and to convey such sewage to a sewerage system or a treatment works.

"Sewage treatment or disposal systems" means device, process or plant designed to treat sewage and remove solids and other objectionable constituents which will permit the discharge to another approved system, or an approved discharge to state waters or disposal through an approved subsurface drainfield or other acceptable method, such as incineration.

"Sewerage facilities system" means entire sewage collection and disposal system including commodes, toilets, lavatories, showers, sinks and all other plumbing fixtures which are connected to a collection system consisting of sewer pipe, conduit, holding tanks, pumps and all appurtenances, including the sewage treatment or disposal system pipelines or conduits, pump stations and force mains, and all other construction, devices, and appliances used for the collection and conveyance of sewage to a treatment works or point of ultimate disposal.

"Slip" means a berth or space where a boat may be secured to a fixed or floating structure, including a dock, finger pier, boat lift, or mooring buoy.

"Transient slips" means temporary docking or mooring space which may be used for short periods of time, including overnight, days, or weeks, but less than 30 days.

"Treatment works" means any device or system used in the storage, treatment, disposal, or reclamation of sewage or combinations of sewage and industrial wastes, including but not limited to pumping, power and other equipment and appurtenances, septic tanks, and any works, including land, that are or will be (i) an integral part of the treatment process or (ii) used for ultimate disposal of residues or effluents resulting from such treatment.

"VMRC" means the Virginia Marine Resources Commission.

Article 2
General Information

12VAC5-570-20. Authority for regulations. (Repealed.)

Section 32.1-12 and 32.1-246 of the Code of Virginia provides that the State Board of Health is empowered and directed to promulgate all necessary rules and regulations establishing minimum requirements as to adequacy of sewerage facilities at marinas and other places where boats are moored. These facilities should be sufficient to serve the number of boat slips or persons such marinas and places are designed to accommodate, regardless of whether such establishments serve food.

Article 2
General Information

12VAC5-570-30. Purpose of regulations.

This chapter The board has been promulgated by the State Board of Health this chapter to:

Ensure 1. Protect public health and water quality by ensuring that adequate sanitary sewerage facilities and, pump-out facilities, as defined in 12VAC5-570-10 and required by 12VAC5-570-130 of this chapter, sewage dump stations, and sewerage systems are provided at all marinas and, other places where boats are moored;, and boating access facilities.

2. Establish minimum requirements as to the adequacy of sewerage facilities and sewerage systems at all marinas and, other places where boats are moored;, and boating access facilities.

3. Protect public health and the environment by ensuring that all sewage generated from all regulated facilities is conveyed to an approved sewerage system or treatment works.

3. 4. Guide the State Board of Health commissioner or his designee in its his determination of the adequacy of the sewerage systems and sewerage facilities to serve serving all marinas and, other places where boats are moored;, and boating access facilities.

4. 5. Guide the State Board of Health commissioner or his designee in its approval his evaluation of plans and other data and in the issuance of a certificate as to the adequacy of sanitary and sewerage facilities; and sewerage systems.

5. Notify the Marine Resources Commission that a certificate has been issued; and

6. Assist the owner or his authorized engineer in the preparation of an application and supporting data, as may be required. (See 12VAC5-570-70)

12VAC5-570-40. Administration of regulations.

This chapter is administered by the following parties:

1. The State Board of Health has responsibility for promulgating, amending, and repealing regulations which ensure minimum requirements as to adequacy of sewerage facilities at marinas and other places where boats are moored.

2. A. The State Health Commissioner commissioner is the chief executive officer of the Virginia Department of Health. The commissioner has the authority to act for the board when it is not in session. The commissioner may delegate his powers under this chapter with the exception of his power to issue variances under 12VAC5-570-90.

3. B. The Division of Wastewater Engineering division is designated as the primary reviewing agent of the board commissioner for the purpose of administering this chapter. It Upon receipt of the application from the local health department, the division examines and passes upon the technical aspects of all applications, plans and specifications grants or denies the application for sewerage facilities to serve marinas and, other places where boats are moored, and boating access facilities. It The division issues all certificates attesting to the adequacy of the sewerage facilities and notifies the Marine Resources Commission VMRC when a certificate is issued or denied.

4. The Deputy Commissioner for Community Health Services directs and supervises the activities of the local health departments in the administration of assigned duties and responsibilities under the chapter.

5. C. The local health department in each jurisdiction, city, town or county in which there exists, or is proposed, a marina or other place where boats are moored shall (i) be responsible for the processing of all applications submitted by owners, (ii) inspect and for inspecting sites and facilities provided, (iii) issue such permits as required by law, rules or regulations for sewerage facilities and, (iv) lacking in authority to issue a permit, will process such applications in accordance with the policies and procedures of the department. The local health department shall conduct a surveillance program and enforce the provisions of this chapter to ensure proper sanitation and cleanliness of the facilities provided for compliance with this chapter.

6.The Office of Water Programs of the Department of Health of the Commonwealth of Virginia is responsible for the review and approval of sewage treatment works where there is a discharge to state waters, in accordance with the chapter, policies and procedures of the Health Department and the State Water Control Law, §§ 62.1-44.2 through 62.1-44.34 of the Code of Virginia.

12VAC5-570-50. Application of regulations to marinas and other places where boats are moored Applicability.

A. Marinas or other places where boats are moored which are not in compliance with the Rules and Regulations of the Board of Health Governing Sanitary and Sewerage Facilities at Marinas and Other Places Where Boats Are Moored which became effective November 15, 1975 [repealed], shall comply with this chapter. Marinas, other places where boats are moored, and boating access facilities in operation prior to the effective date of this chapter shall be subject to the regulations in effect at the time the marina, other places where boats are moored, or boating access facility was permitted unless such marina, other places where boats are moored, or boating access facility is expanded after (insert the effective date of this chapter).

B. All planned or new marinas or other places where boats are moored which do not exist This chapter shall apply to all marinas, other places where boats are moored, and boating access facilities placed into operation on or after (insert the effective date of this chapter) shall comply with all provisions of this chapter prior to commencing operation.

C. All sanitary or sewerage facilities and sewerage systems shall conform to the requirements of this chapter when the marina or, other place places where boats are moored are either, or boating access facility that is served by the sewerage facilities and sewerage systems is expanded, altered or modified.

D. This chapter shall apply to sewerage facilities and sewerage systems (i) serving marinas, other places where boats are moored, or boating access facilities and (ii) located on property owned by the marina, other places where boats are moored, or boating access facility. Sewerage systems or treatment works installed or proposed to be installed on property owned by someone other than the marina, other places where boats are moored, or boating access facility owner are regulated by Chapter 6 (§ 32.1-163 et seq.) of Title 32.1 of the Code of Virginia or Title 62.1 of the Code of Virginia, as applicable.

Article 3
Procedure

12VAC5-570-60. Certification general Permits and certificate.

No owner shall operate construct a marina or, other place places where boats are moored, or a boating access facility unless he complies with the provisions of §§ 32.1-12 and 32.1-246 of the Code of Virginia and 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 have in their possession obtain a permit from the Marine Resources Commission VMRC to operate a marina, or place other places where boats are moored, or a boating access facility when so required by § 62.1-3, of the Code of Virginia. Where state-owned bottom lands are involved, the owner shall submit a plan approved preliminary design and receive approval by the department shall be issued division prior to construction and the issuance of a certificate to operate.

12VAC5-570-70. Application for certificate construction permit.

A. Any owner, or his duly authorized representative, may make application shall apply for a certificate of approval of sanitary or sewerage facilities construction permit by applying submitting an application to the local health department in the jurisdiction where the proposed marina or, other place places where boats are moored, or boating access facility is to be located. The application shall be made on a form supplied by the local health department approved by the division. The application shall consist of the following:

1. A completed application form which shall set forth the essential Essential data to determine the sewerage facilities and sewerage system necessary to serve the proposed installation;.

2. Maps, plans, and specifications of the sanitary sewerage facilities and sewerage facilities system describing how and what the type of facilities that will be provided and how the facilities will provide for the safe and sanitary disposal of all sewage generated at the facility. The preliminary design plans shall establish the location of the sanitary sewerage facilities and sewerage system in relation to other facilities; they are intended to serve.

3. A description of the proposed method of sewage or existing offsite sewerage system or treatment works used for the ultimate treatment or and disposal. Approval of sewage. The applicant shall apply for and obtain approval of the new offsite sewerage systems or treatment works or disposal system must be applied for and obtained under other sections of the Code of Virginia and other regulations; and demonstrate that the existing sewerage systems or treatment works are approved and in accordance with this chapter.

4. Any other data as may be pertinent to show the adequacy of sanitary or the sewerage facilities and sewerage system to be provided.

B. An application pursuant to this section shall contain sufficient detail and clarity necessary to demonstrate that the sewerage facility and sewerage system meet all the applicable requirements of this chapter.

12VAC5-570-80. Receipt of data application.

Upon receipt of the data set forth in 12VAC5-570-70 in sufficient detail and clarity so as to show that the sewerage facilities meet requirements of this chapter, a plan approval or disapproval will be issued by the Department of Health.

A. Construction. Upon completion of construction of the sanitary sewerage facilities and sewerage facilities systems at marinas and, other places where boats are moored, or boating access facilities, the owner of the facility, or his duly authorized representative, shall notify the local health department so that it may inspect the construction. A certificate to operate shall be issued by the Health Department when it When the division, in consultation with the local health department, has been determined that construction is in compliance with the approved plan, it shall issue a certificate.

B. Operation. All marinas and other places where boats are moored shall hold a valid certificate to operate in the Commonwealth of Virginia. The owner shall post the certificate in a place where it is readily observable by members of the public who transact business with the facility.

12VAC5-570-90. Variances.

A. The commissioner may grant a variance to any requirement of this chapter if, after investigation, it is determined the commissioner determines that the hardship imposed upon the owner or the public by compliance with this chapter outweigh outweighs the benefits that the chapter confers, or that there is no and that granting a variance will not result in a potential or actual public health hazard.

A. Effect of variance. B. A variance is a conditional waiver of a specific regulation which that is granted to a particular or designated marina or other place where boats are moored an owner of a marina, other places where boats are moored, or a boating access facility. It is nontransferrable Variances are not transferrable between owners, and it any variance shall be attached to the certificate of the marina or, other place places where boats are moored, or boating access facility to which it was granted. The variance is a condition of the certificate, which is revoked if the certificate is revoked.

B. Application for a variance. C. Any owner of a marina or, other place places where boats are moored, or a boating access facility may apply in writing for a variance. This application shall be submitted to the local health department in the jurisdiction in which the marina or, other place places where boats are moored, or boating access facility is located. This application shall include:

1. A citation to referencing the specific requirements of this chapter from which a variance is requested and a statement describing the hardships imposed by the specific requirements of this chapter;

2. A statement of reasons why the public health and environment would not be detrimentally affected if a variance is granted, and a list of suggested measures that would be implemented to prevent any potential detrimental impacts; and

3. Facts supporting the need and justification for the variance.;

4. The nature and duration of the variance request;

5. Other information, if any, believed by the applicant to be pertinent; and

6. Such other information as the division, local health department, or the commissioner may require.

D. If the commissioner denies any request for a variance, such denial shall be in writing and shall state the reasons for the denial.

12VAC5-570-100. Suspension or revocation Revocation of a certificate.

The board Either by emergency order under the authority of § 32.1-13 of the Code of Virginia or following an opportunity for an informal fact-finding proceeding as provided by § 2.2-4019 of the Code of Virginia, the commissioner or his designee may revoke or suspend a certificate for failure to construct and operate the sewerage facilities and sewerage system in accordance with the conditions of the application and certificate issued or for any violation of this chapter.

12VAC5-570-110. Administration appeals Applicability of the Administrative Process Act.

Any applicant or certificate holder who is aggrieved by an adverse decision of the commissioner may appeal in writing within 30 days after the notification of the adverse decision and request a fair hearing. Within 30 days of receipt of notification of appeal, the commissioner shall set a date and place for such hearing. Not later than 30 days following the hearing, the commissioner shall issue a final order with respect to the disposition of the appeal. Such hearing, notice and proceedings shall be conducted pursuant to the The Administrative Process Act, Chapter 1.1:1 (§ 9-6.14:1 et seq.) of Title 9 of the Code of Virginia. (§ 2.2-4000 et seq. of the Code of Virginia) shall govern the decision of cases under this chapter.

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

12VAC5-570-120. General.

A. All owners of marinas or, other places where boats are moored, and boating access facilities shall provide the minimum number of sanitary sewerage facilities required by this chapter for their patrons. These Owners shall maintain their facilities shall be maintained in a clean and sanitary operable condition. They shall be equipped Owners shall equip their facilities with toilet tissue, lights where electricity is available, and soap and towels where handwashing facilities are required. These Owners shall make their facilities shall be available during normal business hours to patrons and users of these facilities at all times during the normal boating season for that facility.

B. Marinas which are 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, which are located within 1,000 feet of the shore end of the pier, are exempted exempt from providing separate sanitary sewerage facilities, as long as the sanitary sewerage facilities at the residence, lodging establishment, restaurant, or commercial establishment are made available to all users of the marina. This The exemption set forth in this subsection does not apply to (i) marinas:

1. Marinas associated with restaurants or commercial establishments which that allow overnight occupancy of boats; and (ii) marinas

2. Marinas associated with overnight lodging establishments where overnight occupancy of boats is permitted by persons not registered at the overnight lodging establishment.

C. Exempt from the requirements of subsection A of this section are other Other places where boats are moored which serve 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 which provide; and

2. Provides adequate sanitary sewerage facilities that are located within 1,000 feet of the shore end of the pier.

D. In order to qualify for an exemption under subsections subsection B or C of this section, the owner of such marinas or a marina, other places where boats are moored, or a boating access facility shall provide to the department division a signed, notarized statement that all conditions set forth in the aforementioned sections this section will be complied with by users of the facilities.

12VAC5-570-130. Location.

Adequate sanitary Owners shall conveniently locate their sewerage facilities shall be conveniently located within 500 feet walking distance from the shore end of any dock they the facilities are intended to serve or within a reasonable. On a case-by-case basis the division may approve a greater distance under if unusual circumstances as determined by the division, such as topography or resource protection areas, prevent compliance with this requirement. It The division may be necessary require the owner to provide sanitary sewerage facilities in more than one location in order to meet the needs of the particular site developed. In addition, the division may require additional fixtures, beyond the minimum number specified in Table 1 (12VAC5-570-150), if it determines that additional fixtures are necessary to accommodate the site layout and use of the marina, other places where boats are moored, or boating access facility.

12VAC5-570-140. Availability and marking of sanitary facilities.

The sanitary Owners shall locate the sewerage facilities shall be so that they are available and readily reasonably accessible to all users. They shall be appropriately marked with signs readily identifiable to all personnel who might desire to use the facilities The location and use of all sewerage facilities shall be clearly indicated by appropriate signage.

12VAC5-570-150. Marinas Sewerage facilities for marinas.

A. Minimum The minimum number of sewerage fixtures to be provided in sanitary facilities. It shall be understood that at marinas is found in many instances the site layout and the use of the marina may require more fixtures than are shown in the table below. If the board, after observation and study, determines that additional fixtures or buildings housing sanitary facilities are necessary, the owner shall provide the additional fixtures so determined Table 1.

B. Where dry storage space is provided, each dry storage space is equivalent to one-third of a seasonal slip. The minimum number of fixtures required is contained in Table No. 1 and is based upon the total number of seasonal slips or their equivalent. Separate sewerage facilities for male and female personnel shall employees may be provided in a structure or structures, but shall not be counted toward the minimum number of fixtures required to accommodate users of the marina.

Table # 1
Number of Seasonal Slips	FIXTURES
	Commodes		Urinals	Lavatories		Showers
	Male	Female	Male	Male	Female	Male	Female
0‑49	1	1	0	1	1	0	0
50‑99	1	2	1	1	1	0	0
100‑149	2	3	1	2	2	1	1
150‑199	2	4	2	3	3	2	2
200‑249	3	5	2	4	4	2	2

Table 1
Number of Slips	SEWERAGE FIXTURES
	Commodes		Additional Urinal or Commode	Lavatories		Showers
	Male	Female	Male	Male	Female	Male	Female
1 - 24	1		0	1		1
25 - 49	1	2	1	2	2	1	1
50 - 99	2	3	1	2	2	1	1
100 - 149	3	4	1	3	3	2	2
150 - 199	3	5	2	4	4	2	2
200 - 249	4	6	2	5	5	3	3

C. When the number of seasonal slips exceeds those above on prescribed by Table No. 1, the owner shall provide additional fixtures shall be provided. One The owner shall provide one commode, lavatory, and shower will be provided for each sex gender for each 100 additional seasonal slips. A urinal may be substituted for a commode when the number of seasonal slips exceeds 100 of the Table No. 1 values. Showers are not required for dry storage boat usage.

B. Transient slip. When transient slips are available additional sanitary facilities shall be provided. Table No. 2 below shows the minimum number of additional fixtures required. These fixtures may be included in a structure or structures with those fixtures provided for the seasonal slip, provided the accessibility and convenience standards of 12VAC5-570-130 and 12VAC5-570-140 of this chapter are met.

Table # 2
Number of Transient Slips	FIXTURES
	Commodes		Urinals	Lavatories		Showers
	Male	Female	Male	Male	Female	Male	Female
0 1 ‑ 24	1	1	1	1	1	1	1
25 ‑ 49	1	2	1	2	2	2	2
50 ‑ 74	2	3	1	2	2	2	2
75 ‑ 100	2	4	2	3	3	3	3

For each 24 or fraction thereof of transient slips or moorings in excess of those shown in Table No. 2 above, one commode, lavatory, and shower shall be provided for each sex. In addition, one urinal shall be provided for each 50 or fraction thereof transient slips in excess of the number shown in Table No. 2.

12VAC5-570-160. Sanitary Sewerage facilities at other places where boats are moored and boating access facilities.

A. Sewerage facilities are required at other places where boats are moored and boating access facilities in accordance with this section.

B. Where piped potable water is available, sanitary sewerage facilities for other places where boats are moored shall consist of a minimum of one commode and, one lavatory, and one shower for females and one commode and one lavatory for males for each gender, for each 100 seasonal slips or fraction thereof and each 50 transient slips or fraction thereof.

C. Requirements for dry storage boat usage shall be are identical to those specified in 12VAC5-570-150 for marinas.

Sanitary D. Where piped potable water is not available, sewerage facilities for other places where boats are moored may consist of privies where piped water is not available.

E. Sewerage facilities at boating access facilities shall consist of at least one privy or portable toilet and shall be sufficient in number to accommodate facility usage.

F. Walking distance to these facilities shall comply with 12VAC5-570-130.

12VAC5-570-170. Sewage treatment.

A. Public or municipal sewage sewerage systems and treatment facilities shall works should be used if there is reasonable access to sewers. When such municipal means of disposal is are not available, the owner shall have designed and installed an approved method of sewage treatment. Approved methods of sewage treatment are set forth in the Sewerage Regulations (1977) (12VAC5-580-10 et seq.) Sewage Handling and Disposal Regulations (1982, as amended), 12VAC5-610-10 et seq. If permanent water conservation devices are provided, the sewage flow requirements specified in subsections A and B of this section may be reduced upon written approval of the division sewerage system or treatment works. An approved sewerage system or treatment works is (i) a system for which a certificate to operate has been issued jointly by the department and the Department of Environmental Quality, (ii) a system approved by the Department of Environmental Quality in accordance with Title 62.1 of the Code of Virginia, or (iii) a system approved by the commissioner in accordance with Title 32.1 of the Code of Virginia.

A. The following shall be used to determine the amount of sewage flow. It is assumed that B. The sewage design flow for each slip or dry storage space represents two persons. At marinas providing toilet facilities only, the flow figure shall be 10 25 gallons per person slip per day. At marinas providing toilet and shower facilities, the flow figure shall be 16 gallons per person per day except at marinas with only seasonal slips, where the flow figure shall be 10 gallons per person per day for the first 99 slips, regardless of whether showers are available, and 16 gallons per person per day for all slips above the 99 slips. For dry storage facilities the sewage flow shall be calculated using one-third the number of dry storage spaces. Where dry storage is provided, each dry storage space shall be equivalent to one-third of a slip. The sewage design flow for each live-aboard slip shall be 50 gallons per slip per day. When marinas or other places where boats are moored are constructed in conjunction with another structure or facility, the sewage design flows prescribed in this section shall be added to the sewage design flow governing the associated structure or facility.

In addition, for marinas C. For marinas or other places where boats are moored which have that have a boat launching ramp and provide boat trailer parking spaces only while the boat is in use boating access facility, the design sewage flow shall be increased by 10 gallons per day per boat trailer parking space.

B. Where restaurants or motels are operated in connection with a marina or place where boats are moored the following shall be used as a basis for determining the amount of sewage flow:

Motels - 65 gallons per person per day or a minimum of 130 gallons per room per day.

Restaurant - 50 to 180 gallons per seat per day. Each installation will be evaluated according to conditions.

C. The occupancy level of boats used for design of sewage treatment or disposal facilities will be those levels listed in 12VAC5-570-170 A. It is recognized that the type of activity and utilization of marina or other places where boats are moored varies and, therefore, additional facilities to provide capacity up to maximum may be required if the need arises. The local health director serving the area in which the marina is located shall make such determination.

D. The division may approve a reduction in the sewage flow requirements specified in subsection B of this section if the owner provides documented flow data sufficient to justify the reduction.

12VAC5-570-180. Pump-out.

Other A. Owners of other places where boats are moored which that allow overnight docking or mooring of boats and owners of all marinas, regardless of size or number of boat moorings 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 which that do not have live-aboard slips or allow boats with an installed toilet with a discharge overboard or a sewage holding tank a marine sanitation device to use any of the services provided, including moorage, except in an emergency. In order to qualify for this exemption, the owner of such marina or other place 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 installed toilets with overboard discharges or sewage holding tanks marine sanitation devices shall not be permitted to use the marina or other places facilities facility except in an emergency.

A. Availability and operation. Where pump-out facilities are required, the owner shall install, maintain in good operating condition and provide pump-out during normal working hours to users of the marina or other places where boats are moored except in those cases where adequate facilities are provided in accordance with subsection B of this section, then, the normal working hours requirement will apply to the facility using the agreement, as well as the facility with the alternate pump-out service. 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.

B. Alternate pump-out service. D. Marinas and other places where boats are moored which that provide less fewer than 50 seasonal (or transient) slips for boats of 26 feet or more in length and less than 20 seasonal (or transient) slips for boats of 40 feet or more in length may be exempted 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 will shall be granted by the director of the division whenever alternate pump-out service is provided at a nearby marina or other place places where boats are moored, and is as evidenced by an agreement signed and notarized by both parties in accordance with the requirements of this section, and filed with the division. Such The division shall only approve such alternate pump-out service will only be approved by the division when in accordance with the following criteria are met:

1. That the The alternate pump-out service will 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 boat sewage holding tank marine sanitation device pumped. The pump-out service for holding tanks of 50-gallon capacity or more (sewage holding) may exceed twenty 20 minutes;.

2. That the The alternate pump-out service shall be located within three nautical miles, as measured along the water route, of the exempt facility using the agreement unless the alternate pump-out service is located along the normal travel route to open water, in which case the exempt facility using the agreement shall be within five nautical miles of the alternate pump-out service;.

3. That the The alternate pump-out service capacity is shall be sufficient to handle the demand for pump-out service, in accordance with subsection C of this section, that is expected for all of the marinas or other places where boats are moored entering into the above-mentioned agreement; referenced in this subsection.

4. That a notice shall be posted in a conspicuous location, at the marina or other place where boats are moored not installing pump-out service, that specifies the location of the alternate pump-out service; and 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. That the The alternate pump-out service will shall be available to all boats moored at each facility and it will state that the alternate pump-out facility will furnish pump-out services to anybody boaters referred to it by the establishment using the agreement to provide pump-out service, exempt facility as specified by this chapter; and

b. That the The agreement will 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 a an exempt facility using an agreement to provide alternate pump-out service, in accordance with 12VAC5-570-180 B this subsection, then that facility shall either provide pump-out service or obtain a new written agreement, in accordance with 12VAC5-570-180 B, this subsection by the effective date of the termination of alternate pump-out service.

C. Minimum design criteria for pump-out facilities. E. The purpose of these minimum design criteria is to provide the owner and the Department of Health department with acceptable methods for pumping, storing, and conveying and treatment of the contents from boat holding tanks marine sanitation devices. The owner shall furnish the following information for each proposed pump-out facility A proposed pump-out facility shall meet the following minimum design criteria:

1. Pumping equipment. Pump equipment may be fixed or portable; however, this equipment shall be conveniently located for usage and 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 gpm 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. Pumps To prevent clogging, pumps shall be of a macerator type or have sufficient size suction and discharge openings to prevent clogging the pumps shall be able to pass a 2-inch spherical solid. Manually operated pumps are not permitted 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 (diaphragm or (positive displacement, centrifugal, and power) vacuum, macerator, etc.);

b. Rated capacity (gpm, hp. and head) Pump power source (electric motor, gasoline engine, etc.) and output (HP);

c. Motor type (electric or gas); and Pump capacity, including a performance curve;

d. Suction and discharge opening size. 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. Location schematic. If fixed pump-out equipment is proposed, a schematic of the location with elevations for subsections a, b, c, d and e, as described below, shall be included, or if portable pump-out equipment is proposed, a schematic shall indicate elevations for subsections a, c, f and g, as described below: A schematic of the proposed facilities shall be provided and include the following minimum information:

a. Mean low water level elevation;

b. Elevation of dock Suction hose diameter, length, and highest elevation;

c. Greatest elevation of suction center line of pump Pump elevation;

d. Elevation of discharge point Discharge hose/pipe diameters, lengths, and highest elevation;

e. Highest point in discharge line Discharge point elevation;

f. Type of dock (floating or stationary); and

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. Fittings and hose (piping). Fittings This subdivision sets forth the minimum design criteria for fittings and hoses (piping) which are used in the operation of a pump-out facility shall meet the following:

a. Suction hose 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 1.5 1.25 to 4 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 gate 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 line lines shall meet the following criteria:

(1) A gate 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 coming loose dislodging during discharge; all nozzles and fittings are to be positive locking, male and female.

(3) The discharge line must 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 (12VAC5-590-10 et seq.) (12VAC5-590) and the Sewage Handling and Disposal Regulations (12VAC5-610-10 et seq.) (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 coming loose dislodging during discharge.

d. Pump-out facilities shall include equipment for rinsing the boats' 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. Other devices or methods of removal of contents from boat holding tanks marine sanitation devices may be approved by the Commissioner division on an individual case basis.

5. Onshore facilities. Contents from boat holding tanks shall be discharged to (i) a public wastewater collection system in which sewage is conveyed to an approved treatment facility; (ii) a holding tank whereby sewage may be stored until it is taken in an approved manner to an approved treatment facility; or (iii) directly to an approved sewage treatment facility.

a. For discharge to a public wastewater collection system, the following will be required: The owner of the marina or other place where boats are moored shall submit evidence, in writing, (i) of consent from the owner of the system, (ii) from the owner of any conveyance systems located downstream, which may be affected, and (iii) from the owner of the ultimate treatment facility. Verification shall be given that there are satisfactory provisions for emptying the contents from portable toilets in a sanitary manner.

b. If sewage is to be stored in a holding tank, the holding tanks shall be sized, constructed and located to meet the criteria.

(1) Size of holding tank.

Marinas or other places where boats are moored shall size the holding tanks based upon the following tabulations:

Total Number of Boats Serviced with Holding Tanks	Required Onshore Holding Tank - Volume (gallons) Minimum
1 - 20	250
21 - 40	500
41 - 60	725
61 - 80	1000
81 - 100	1200
100+	2000

(2) Construction of holding tank.

(a) The holding tank shall be designed so that it is watertight and not subject to any infiltration or any leakage.

(b) When holding tanks are made of material other than concrete, the internal surface of the holding tank shall be protected from corrosion. Materials used in the manufacture and installation of holding tanks shall be resistant to deterioration by prolonged or frequent contact with deodorizing chemicals, sewage decomposing chemicals, sewage, freshwater and saltwater.

(c) When holding tanks are made of material other than concrete, the outside surface of the holding tank shall be protected from corrosion.

(d) The holding tank shall be constructed of materials capable of withstanding the forces exerted on its walls.

(e) The holding tank shall be fixed in place unless it is part of an approved mobile pump-out unit.

(f) Provisions shall be made to assure that the holding tank can be completely emptied. The tank shall be essentially emptied when pumped out.

(g) The holding tank shall be adequately vented. Screened, elbowed down vents installed at the top of the tank will serve this requirement.

(h) The inlet/outlet of the holding tank shall be compatible with the proposed method of removal.

(i) There shall be satisfactory provisions for emptying the contents from portable toilets in a sanitary manner.

(3) Holding tank location.

Separation distance between holding tank and various structures and features are contained in Table 4.4 of the Sewage Handling and Disposal Regulations (12VAC5-610-10 et seq.)

(4) Any person who removes, or contracts to remove, and transport by vehicle, the contents of a holding tank shall have a written sewage handling permit issued by the Commissioner (see the Sewage Handling and Disposal Regulations, 12VAC5-610-10 et seq.).

c. Sewage treatment plant. Disposal of holding tank wastes shall not be allowed at small sewage treatment plants where shock loading may result or disinfectants and odor inhibitors will affect the operation of the treatment facility. Whenever feasible, the collected sewage shall be discharged directly to the sewer system of a large sewage treatment facility or transported for eventual treatment at a large plant.

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 an acceptable a proper and adequate receiving station for sewage from portable toilets containers used on boats. The owner shall install, maintain in good operating condition and provide a sewage dump station to users of the marina or other places where boats are moored. Exempt from this provision subsection are marinas or other places where boats are moored which that also qualify for the exemption contained in 12VAC5-570-120 B or C exemption, provided that the owner of the sanitary sewerage facility will allow consents to the dumping of the contents of portable toilets sewage containers into the sanitary sewerage facilities.

B. Availability and operation. Where a sewage dump station is required, the owner shall install, and maintain in good operating condition, and provide 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. Minimum design criteria for a sewage dump station. The purpose of these the minimum design criteria is to provide the owner and the Department of Health department with acceptable methods of discharging sewage from a portable container containers into a sewage holding tank or a sewage sewerage treatment system works. The same criteria as set forth in 12VAC5-570-180 C 5 12VAC5-570-200 A for contents from boat holding tanks will 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 prevent it from accidentally being removed 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.

12VAC5-570-200. Onshore facilities.

A. Contents from marine sanitation devices and portable sewage containers used on boats shall be discharged to:

1. A public sewerage system for conveyance to an approved treatment works as described in 12VAC5-570-170 A;

2. A holding tank whereby sewage may be stored until it is transported in accordance with the Sewage Handling and Disposal Regulations to an approved treatment works as described in 12VAC5-570-170 A; or

3. An approved sewage treatment works as described in 12VAC5-570-170 A.

B. Disposal of sewage waste from a marine sanitation device shall be prohibited at small sewage treatment plants where shock loading may result or disinfectants and odor inhibitors will affect the operation of the treatment facility. Whenever feasible, the collected sewage shall be discharged directly to the sewerage system of a large sewage treatment facility or transported for eventual treatment at a large sewage treatment facility.

C. For discharge to a public sewerage system, the owner of the marina or other places where boats are moored shall submit to the division, in writing;

1. Evidence of consent to the discharge from the owner of the conveyance system;

2. Evidence of consent to discharge from the owner of any conveyance systems located downstream that may be affected; and

3. Evidence of consent to discharge from the owner of the treatment works where the sewage is to be disposed.

The owner shall verify that there are satisfactory provisions for emptying the contents from portable sewage containers in a sanitary manner.

D. If sewage is to be stored by the marina or other places where boats are moored in a holding tank, the holding tank or tanks shall be sized, constructed, and located to meet the following criteria:

1. Sewage holding tanks shall be sized in accordance with the requirements of Table 2.

Table 2: Minimum Holding Tank Volume
Total Number of Boats Serviced Annually with Marine Sanitation Devices	Minimum Holding Tank Volume (gallons)
1 - 60	725
61 - 80	1000
81 - 100	1200
100+	2000

2. Holding tanks shall be constructed in accordance with the following criteria;

a. The holding tank shall be watertight and not subject to any infiltration or leakage.

b. When holding tanks are made of material other than concrete, the internal surface of the holding tank shall be protected from corrosion. Materials used in the manufacture and installation of holding tanks shall be resistant to deterioration by prolonged or frequent contact with deodorizing chemicals, sewage decomposing chemicals, sewage, freshwater, and saltwater.

c. When holding tanks are made of material other than concrete, the external surface of the holding tank shall be protected from corrosion.

d. The holding tank shall be constructed of materials capable of withstanding the forces exerted on its walls.

e. The holding tank shall be located onshore and fixed in place unless it is part of an approved mobile pump-out unit.

f. Provisions shall be made to the satisfaction of the department to assure that the holding tank can be completely emptied. The tank shall be essentially emptied when pumped out.

g. The holding tank shall be adequately vented. This requirement may be met with screened, elbowed down vents installed at the top of the tank.

h. The inlet/outlet of the holding tank shall be compatible with the proposed method of removal.

i. There shall be provisions for emptying the contents from portable sewage containers in a sanitary manner.

3. The required separation distances between holding tank and various structures and features are contained in Table 4.1 of the Sewage Handling and Disposal Regulations (12VAC5-610-597 D).

4. Any person who removes, or contracts to remove and transport by vehicle, the contents of a holding tank shall have a written sewage handling permit issued by the commissioner in accordance with the Sewage Handling and Disposal Regulations (12VAC5-610).

VA.R. Doc. No. R11-2688; Filed November 7, 2013, 12:24 p.m.