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M A R I N A S
Marinas & Small Boat Harbors Disclaimer of Liability: With respect to documents available from this server, neither the Vermont Government nor any of their employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Please be aware that state laws may vary. Many of regulations which apply to Vermont Marinas are also addressed in the Compliance Handbooks and Fact Sheets Resource Conservation and Recovery Act - VT Hazardous Waste Management Regulations (VHWMR): The hazardous waste Conditionally Exempt Generator Handbook provides all the regulations most marina's are required to comply with. Refer to the chart below to determine if your business is compliant with the Conditionally Exempt Generator regulations. These regulations include the handling of Used and Waste Oils. See fact sheets below. If you find your marina falls into the Small or Large Quantity Generator status, please refer to the VHWMR's for more detailed requirements. Our Office provides an online hazardous waste training course for Conditionally Exempt Generators (which includes a completion certificate when registering). The course provides the you the opportunity to learn about the VHWMR's at your own speed while at home or in the office. On-line hazardous waste course. Requirements for Small Quantity and Conditionally Exempt Generators of Hazardous Waste in Vermont:
* Storeage of more than 2.2 pounds of acutely hazardous waste confers with Large Quantity Generator status. Refer to the VHWMR's for more information. ** Section 7-311(c) of the regulations allows 30-day extension "due to unforeseen temporary and uncontrollable circumstances". *** 36 inches for ignitables - as per VOSHA regulations Spills: Spill Prevention, Control and Countermeasure (SPCC) Plans (refer to the SPCC web page) Under Section 311(j)(1)(C) of the Clean Water Act, marinas may be required to develop a Spill Prevention, Control nad Countermeasures Plan. A marina is required to have an SPCC plan if they store more than 1,320 gallons of petroleum in multiple aboveground containers (count all that contain 55-gallons or more), or store more than 42,000 gallons of petroleum in a underground tank(s). Under the regulation, petroleum is defined as diesel, fuel, gasoline, lube oil, waste oil heating oil or motor oil. The purpose of the SPCC plan requirement is to prevent discharge of oil into navigable waters or adjoining shorelines of the United States. Spills (General) (refer to fact sheet) This fact sheet applies to any Vermont business or municipality that handles hazardous material (including hazardous waste, petroleum products, or CERCLA hazardous substances), and consequently may need to respond to a release of hazardous material (spill) to the environment. It summarizes the spill response requirements included under Section 7-105 in the Vermont Hazardous Waste Management Regulations (VHWMR) and describes response procedures for spills that occur at fixed facilities and during transportation. Any hazardous material or petroleum spill to the land or watermust be immediately reported to the Department of Environmental Conservation (DEC) Spill Response Team (spill team) by calling the 24-hour Hazardous Materials Spills Hotline at 1-800-641-5005. If there is any question about whether a spill is reportable, call. A spill of 2-gallons or more spill is reportable - lesser amounts if it is a threat to human health or the environment. Solid Waste: Plastic Pollution Research and Control Act (1987) This Act states that, within US lakes, rivers, bays, sounds, and anywhere beyond 25 nautical miles from shore, it is simply illegal to dump plastic. Resource Conservation and Recovery Act (RCRA) and State Hazardous Waste Laws (1976): This law is aimed at improving collection, transportation, separation, recovery, and disposal of solid and hazardous wastes. Although it varies from state to state, generally hazardous waste generators are defined as those individuals or companies that produce more than 100 kg of hazardous waste in one calendar month or who store more than 100 kg at any one time. These generators must (among other things) register with the EPA, have hazardous waste labeled in appropriate containers, and have a written contingency plan.\ VT also maintains its own Solid Waste Regulations. The program oversees laws, rules, policies, and planning related to solid waste management in the state. It regulates solid waste management facilities and activities and certifies the state's landfills, transfer stations, haulers, composting, and recycling facilities. For lists of Certified Transporters, Solid Waste Districts and for the complete rules, visit the Solid Waste Program web site for more detailed information. Stormwater: National Pollutant Discharge Elimination System (NPDES) Storm Water Program (refer to SBCAP newsletter) NPDES is a 2 phase permit program enacted by Congress in 1987 under Section 402(p) of the Clean Water Act. Phase I: NPDES permits are required to be issued for municipal storm sewers serving medium to large-sized populations (greater than 100,000 and 250,000 people, respectively) and for storm water discharges associated with industrial activities, such as marinas. Phase 2 examines which marinas are regulated under the Storm Water Program. If a marina is primarily in the business of renting boat slips, storing boats, cleaning boats, repairing boats, and generally performs a range of other marine services, then it is classified under the Storm Water Program (Multi-Sector General Permit) as an SIC 4493 (Marina Industry Code). This means that they are regulated under the Storm Water Program and may be required to obtain a storm water discharge permit. Marinas with an SIC 4493 classification are required to obtain a NPDES storm water permit if vehicle maintenance activities such as boat rehabilitation, mechanical repairs, and painting, fueling, lubrication, or equipment cleaning operations are conducted at the marina. This permit will apply only to point source discharges of storm water from the maintenance area of the marinas. However, marinas that are classified under SIC 4493 but are NOT involved with equipment cleaning or maintenance activities OR marinas that have no point source discharges of storm water are not covered under the Storm Water Program. Marina's that will require complying with the General Permit, must also design and implement a Stormwater Pollution Prevention Plan (SWPPP). For models - refer to the Industry Compliance Guides below and to the Stormwater web site. Wastewater: Coming soon. Shoreland Encroachment Permits: Shoreland Encroachment Permits are issued under State Law 29 V.S.A. Chapter 11 (Management of Lakes and Ponds), which deals with encroachment in public waters. The goals of this permit program are to minimize the encroachment on public waters, ensure that the public good is not adversely affected, and ensure that projects are consistent with the Public Trust Doctrine. Projects encroaching on public waters such as docks, walls, boathouses, bridges, water intakes, cables, dredging, or fill, may require a permit. Encroach means: 1. to place or cause to be placed any material or structure in any lakes and ponds which are public waters, or 2. to alter, or cause to be altered, the lands underlying any public waters, or 3. to place or cause to be placed any bridge, dock, boathouse, cable, pipeline or similar structure beyond the shoreline delineated by the mean water level of any lakes and ponds which are public waters. Certain small projects or activities may not require a Shoreland Encroachment Permit, but may require Wetlands Conditional Use Determination if there are wetland impacts. Some projects may require a permit from the U.S. Army Corps of Engineers and a Section 401 Water Quality Certification from the Water Quality Division. For more information, please refer to the Water Quality Division's Shoreland Encroachment Permits page. Chemicals, Petroleum: VT Emergency Planning and Community Right-to-Know (EPCRA) Marinas with the capacity to store an amount equal to or greater than 100 lbs or the threshold planning quantity (TPQ) whichever is less, or if the chemical is a petroleum product (gasoline & oil), is the amount equal to or greater than 10,000 lbs.? The facility must submit an annual "Tier II Report" to state and local emergency planning organizations. This filing requirement is an element of the Emergency Planning and Community Right-to-Know Act (EPCRA). This information is used by state emergency response commissions and local emergency planning committees in planning for and responding to hazardous and toxic chemical emergencies.
The Clean Vessel Act was passed in 1992 in order to reduce overboard sewage discharge from boats by providing pumpout and dump stations for boaters to dispose of human sewage in an environmentally responsible manner. CVA provides funds to states for the construction, renovation, operation, and maintenance of pumpout and dump stations for pumping out waste from recreational boat holding tanks and emptying portable toilets. In many cases states subgrant to public and private marinas to perform these activities and upgrades. In 1998, Congress appropriated $50 million in order to continue the pumpout grant system through 2003 and expand it to more areas throughout the US to make pumpouts more accessible to the public. Have questions or need assistance, contact the U.S. Fish and Wildlife Service - Division of Federal Assistance - 300 Westgate Center Drive - Hadley, MA 01035 Al Ortiz 413-253-8508
Industry Sector Compliance Guides Note: The following compliance guides are in PDF format and require Adobe Acrobat Reader. The files are relatively large at just under 1 Mb. The best way to view the files is to first download them to your hard drive or local network. If you are using Internet Explorer, RIGHT click the link and select "Save Target As" from the menu (if you are using Netscape, RIGHT click the link and select "Save Link As" from the menu). You will be asked where you would like to save the file. Once the file is downloaded, it can be opened in Adobe Acrobat Reader. These out-of-state manuals are intended as an educational tool for marina operators and boaters. They do not constitute a complete reference to state, federal or local laws. Our pick for the easiest guidebook to use is from the state of Connecticut. This guide provides a way to determine what could apply to your marina based on activity.
Fact Sheets (all environmental media on one convenient handout for each topic)
A State and Local Government Guide to Environmental Program Funding Alternatives. Catalog of Federal Funding Sources for Watershed Protection (Second Edition). Clean Water State Revolving Loan US Fish & Wildlife Clean Vessel Act Grant Program - Overview
Note: Request free voluntary compliance consultative or training assistance, which is provided by non-enforcement Project WorkSAFE personnel. Further information, including copies of the Code and of specific safety and health standards may be obtained by contacting the Project WorkSAFE Office, Department of Labor and Industry, National Life Building, Drawer 20, Montpelier, Vermont 05620-3401 1-888-SAFE-YES or 1-888-723-3937 www.labor.vermont.gov/Business/WorkplaceSafety/tabid/57/Default.aspx
The Small Business Ombudsman (SBO) serves as an effective conduit for small businesses to access EPA and facilitate communications between the small business community and the Agency. The SBO reviews and resolves disputes with EPA and works with EPA personnel to increase their understanding of small businesses in the development and enforcement of environmental regulations. The SBO function was established in 1982 and is currently a part of EPA's Office of Small and Disadvantaged Business Utilization located within the Office of the Administrator. The SBO's primary customer group is the nation's small business community. Significant secondary customer groups include state and EPA regional small business ombudsmen and national trade associations serving small businesses.
On-Line Hazardous Waste Course and Virtual Room
The documents above are in PDF format and
require Adobe Acrobat Reader. If Adobe Acrobat Reader is not currently installed
on your computer, the software can be downloaded, at no cost, from Adobe's
Web site. |
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VT DEC 
Environmental Assistance Office
103 South Main Street, Cannery Building Waterbury,
VT 05671-4911 Tele:
(802) 241-3589
Fax: (802) 241-3273 |
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