M A R I N A S
Shelburne Shipyard, Vermont's First Clean Marina
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.
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
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.
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.
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.
North Hero Marina, Our Model SWPPP Facility
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.
Link here for the Notice of Intent and Public Notice Information
How to determine the Latitude and Longitude for your facility:
To complete the NOI and No Exposure forms, marinas must determine the latitude and longitude of the approximate center of the facility in degrees/minutes/seconds (for example, latitude: 44° 15’ 40”, longitude: -72° 34’ 35”).
Latitude and longitude can be obtained from the U.S. Geological Survey (USGS) maps or by using EPA’s web-based facility siting tool at: http://www.epa.gov/tri/report/siting_tool/index.htm
If you know the latitude and longitude for the facility in decimal degrees (35.7397222) convert it to degrees/minutes/seconds 35° 44' 23" here: http://www.terraserver.com/tools/degrees_converter.asp
Determining "Hardness": www.anr.state.vt.us/dec/waterq/cfm/champlain/lp_longterm-lakes.cfm
Total Calcium and Total Magnesium results have been gathered for many areas of the Lake, which can be added together to get "hardness" (it is easier to view if you select the “wide” output format).
Check off the TCa and TMg boxes, along with the Lake Station in which your Marina is located, and put in the year 2010 in the date boxes.
Hardness is essentially the sum of the Ca+Mg concentrations on a given date. The example below for Otter Creek results in a Hardness of 22 mg/l (the average of the sums).
Fueling a boat is very different than fueling a car. Why? Read the Boat U.S. Foundation Fact Sheet, "Understanding Boat Fueling" for more information.
Boat Pressure Wash Water Control Technologies Virtual Trade Show
National Pollutant Discharge Elimination System (NPDES)
The Clean Water Act authorizes EPA and states (when approved by EPA) to regulate point sources that discharge pollutants into waters of the United States through the NPDES permit program.
Examples of discharges within a marina facility that typically require a NPDES permit include, process water, cooling water, and storm water runoff from drainage systems.
Pressure wash water is a form of process water.
If pressure washing is used, for example, for cleaning or to remove marine growth from vessels, the wash water and associated paint chips and other pollutants generated by the pressure washing, cannot be discharged into a water of the United States unless it is permitted by an NPDES permit issued by EPA or an authorized state.
Any permit of this type issued to control marine pressure washing discharges is required to impose discharge limitations to ensure that state water quality standards are met in the receiving water.
The concentrations of metals in these discharges can be high in comparison to water quality standards.
Meeting water quality standards is thus likely to require the installation of a wastewater treatment system to comply with the requirements of such a permit.
This approach is likely not the most cost effective option for most boat yards and marinas.
The most promising options are:
Federal Regulations: Clean Boating Act of 2008
"Discharges Incidential to the Normal Operation of Recreational Vessels"
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
The Bill goes onto define what defines a recreational vessel. Read the entire Bill by following the link above.
Vermont State Statutes -
This statute covers various environmental and non-environmental issues including boaters liabilities, accidents, vessel operations, holding tank operations, safety education, prohibitions, etc.
(a) No person shall discharge any waste, substance or material into waters of the state, nor shall any person discharge any waste, substance or material into an injection well or discharge into a publicly owned treatment works any waste which interferes with, passes through without treatment, or is otherwise incompatible with those works or would have a substantial adverse effect on those works or on water quality, without first obtaining a permit for that discharge from the secretary. This subsection shall not prohibit the proper application of fertilizer to fields and crops, nor reduce or affect the authority or policy declared in joint house resolution 7 of the 1971 session of the general assembly.
(b) Any records, reports or information obtained under this permit program shall be available to the public for inspection and copying. However, upon a showing satisfactory to the secretary that any records, reports or information or part thereof, other than effluent data, would, if made public, divulge methods or processes entitled to protection as trade secrets, the secretary shall treat and protect those records, reports or information as confidential. Any records, reports or information accorded confidential treatment will be disclosed to authorized representatives of the state and the United States when relevant to any proceedings under this chapter.
(c) No person shall cause a direct discharge into Class A waters of any wastes that, prior to treatment, contained organisms pathogenic to human beings. Except within a waste management zone, no person shall cause a direct discharge into Class B waters of any wastes that prior to treatment contained organisms pathogenic to human beings.
(d) No person shall cause a discharge of wastes into Class A waters, except for on-site disposal of sewage from systems with a capacity of 1,000 gallons per day (gpd), or less, that are either exempt from or comply with the environmental protection rules, or existing systems, which shall require a permit according to the provisions of section 1263(f) of this title.
(e) Except for on-site disposal of sewage from systems of less than 6,500 gpd capacity that are either exempt from or comply with the environmental protection rules, no person shall cause any new or increased indirect discharge of wastes into Class B waters without a permit under section 1263. The secretary shall not issue a permit for on-site disposal of sewage that discharges into Class B waters, unless the applicant demonstrates by clear and convincing evidence, and the secretary finds, that the discharge:
(1) will not significantly alter the aquatic biota in the receiving waters;
(2) will not pose more than a negligible risk to public health;
(3) will be consistent with existing and potential beneficial uses of the waters; and
(4) will not cause a violation of water quality standards.
(f) The provisions of subsections (c), (d), and (e) of this section shall not regulate accepted agricultural or silvicultural practices, as such are defined by the secretary of agriculture, food and markets and the commissioner of forests, parks and recreation, respectively, after an opportunity for a public hearing; nor shall these provisions regulate discharges from concentrated animal feeding operations that require a permit under section 1263 of this title; nor shall those provisions prohibit stormwater runoff or the discharge of nonpolluting wastes, as defined by the board.
(g) Nothing in this chapter shall prohibit the secretary from approving nondischarging sewage treatment systems that the secretary finds are safe, reliable and effective.
(h) The secretary shall adopt rules to assure that the installation of two or more systems discharging sewage will not result in the circumvention of the purposes of this chapter or the requirements of this section.
(i) The secretary of natural resources, to the extent compatible with federal requirements, shall delegate to the secretary of agriculture, food and markets the state agricultural non-point source pollution control program planning, implementation and regulation. A memorandum of understanding shall be adopted for this purpose, which shall address implementation grants, the distribution of federal program assistance and the development of land use performance standards. Prior to executing the memorandum, the secretary of state shall arrange for two formal publications of information relating to the proposed memorandum. The information shall consist of a summary of the proposal; the name, telephone number and address of a person able to answer questions and receive comments on the proposal; and the deadline for receiving comments. Publication shall be subject to the provisions of 3 V.S.A. § 839(d), (e) and (g), relating to the publication of administrative rules. The proposed memorandum of understanding shall be available for 30 days after the final date of publication for public review and comment prior to being executed by the secretary of natural resources and the secretary of agriculture, food and markets. The secretary of natural resources and the secretary of agriculture, food and markets annually shall review the memorandum of understanding to assure compliance with the requirements of the Clean Water Act and the provisions of section 1258 of this title. If the memorandum is substantially revised, it first shall be noticed in the same manner that applies to the initial memorandum. Actions by the secretary of agriculture, food and markets under this section shall be consistent with the water quality standards and water pollution control requirements of chapter 47 of this title and the federal Clean Water Act as amended.
(a) No person directly discharging into the drainage basins of Lake Champlain or Lake Memphremagog shall discharge any waste that contains a phosphorus concentration in excess of 0.80 milligrams per liter on a monthly average basis. Discharges of less than 200,000 gallons per day, permitted on or before July 1, 1991, shall not be subject to the requirements of this subsection. Discharges from a municipally owned aerated lagoon type secondary sewage treatment plant in the Lake Memphremagog drainage basin, permitted on or before July 1, 1991 shall not be subject to the requirements of this subsection unless the plant is modified to use a technology other than aerated lagoons.
(b) Notwithstanding any provision of subsection (a) of this section to the contrary, the secretary shall establish effluent phosphorus wasteload allocations or concentration limits within any drainage basin in Vermont, as needed to achieve wasteload allocations in a total maximum daily load document approved by the United States Environmental Protection Agency, or as needed to attain compliance with water quality standards adopted by the Vermont water resources board pursuant to chapter 47 of this title.
(c) The secretary of natural resources shall establish a schedule for municipalities that requires compliance with this section at a rate that corresponds to the rate at which funds are provided under subsection 1625(e) of this title. To the extent that funds are not provided to municipalities eligible under that subsection, municipal compliance with this section shall not be required.
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.
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.
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.
VT Clean Marina: Champlain Marina and surrounding bay
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
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.
Vermont CVA Application Grant Form (and Instructions) For the Installation, Upgrade, or Purchase of a Stationary Sewage Disposal Facility (SSDF). Funded Through the Federal Clean Vessel Act (CVA). This grant is administered through the Vermont Department of Fish & Wildlife. Questions? Contact Mike Wichrowski, VT Fish & Wildlife Administrator,103 South Main Street, Bldg 10 South, Waterbury, VT 05671-0501 Phone: 802-241-3447 Fax: 802-241-3295
A State and Local Government Guide to Environmental Program Funding Alternatives. U.S. Environmental Protection Agency (EPA 841-K-94-001) (January 1994). Provides an overview of traditional (nongovernmental) funding mechanisms and innovative approaches for funding environmental programs. Hard copy available through National Service Center for Environmental Publications (NSCEP), (800) 490-9198.
Catalog of Federal Funding Sources for Watershed Protection (Second Edition). U.S. Environmental Protection Agency (EPA 841-B-99-003) (December 1999). Provides a comprehensive summary of federal grant and loan programs that be used at the local level to support watershed projects. Also contains references to other publications as well as web sites on funding assistance.
Clean Water State Revolving Loan A one-stop-shopping site for learning about the Clean Water State Revolving Loan Fund (CWSRF). Includes information on eligibility, repayment, and restrictions.
US Fish & Wildlife Clean Vessel Act Grant Program - Overview The Clean Vessel Act Grant Program (CVA) provides grant funds to the states, the District of Columbia and insular areas for the construction, renovation, operation, and maintenance of pumpout stations and waste reception facilities for recreational boaters and also for educational programs that inform boaters of the importance of proper disposal of their sewage.
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
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
Questions about the contents of this page?
Small Business Compliance Assistance Program
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.
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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