Marinas 



Rhode Island communities, but deodorizing agents used in the holding tanks and remaining 

 in the sewage have been shown to pose concerns for operation of the treatment plants. 



Findings and Concerns 



Section 3 12 of the federal Clean Water Act requires that all commercial and recreational 

 boats with an installed toilet must have on board an approved "Marine Sanitation Device" or 

 MSD. Three types of MSD are defmed according to EPA regulations: Type I and Type II 

 are treatment devices and Type HI are no-discharge holding tanks. Boats less tiian 65 feet 

 in length are required to install either holding tanks (Type in devices) or a Type I treatment 

 device, while boats equal to or exceeding a length of 65 feet must install either a Type n or 

 Type in device. 



Although the Coast Guard is responsible for enforcing the EPA regulations, tiie fairly 

 Umited spot-check enforcement effort is restricted to ensuring that the devices are installed. 

 While installation may be verified, there is no real way to enforce use. Further, neither the 

 Clean Water Act nor federal regulations require the installation of pumpout facilities at 

 marinas, so discharge of raw sewage has become a routine occurrence in many coastal 

 areas. The MSD regulations do allow states to designate "no-discharge areas" to provide 

 water quality protection in sensitive areas. 



On the federal level, marina construction is regulated by the Corps of Engineers and 

 EPA through the Section 404 Dredge and Fill permit process, and by \hc Corps of 

 Engineers through its authority to implement the Rivers'and Harbors Act A 404 permit 

 may be denied based on potential impacts to shellfish resources. With regard to state 

 programs, a CRMC assent is required for marina construction, and a Freshwater Wetiand 

 permit may be required where wetiands and floodplains are impacted. DEM's Division of 

 Water Resources issues water quality certifications (based on shellfish area protection) as 

 appUcable, which are attached to CRMC and Wetiands permits. Disturbance of toxics- 

 contaminated sediment is addressed under advisement from the Division of Air and 

 Hazardous Materials. 



Proposals to dispose of dredged spoil material are reviewed by the Divisions of Air and 

 Hazardous Materials and Fish and Wildhfe, in addition to the Division of Water Resources. 

 The Division of Groundwater and Freshwater Wetiands also becomes involved as 

 appropriate. 



At the present time, state policy is in transition with regard to marina and mooring field 

 siting and operation. In several respects, issues surrounding marina siting lie at the hean of 

 the conflict between DEM and CRMC water quality and area use designations. DEM 

 designated use classifications, established in 1975, set a non-degradation standard which 

 essentially prohibits uses which alter the capacity of a water area to suppon specific uses. 

 SA and SB use classifications provide for shellfish harvesting (depuration required in SB 

 areas), bathing and contact recreation, and fish and wildlife habitat Because a non- 

 degradation standard applies, SA waters can theoretically be considered "no-discharge 

 areas," to the extent that off-shore discharge can be regulated. 



Classifications were established based upon water quahty objectives and aspirations as 

 well as [then] current uses, and basically provide for no future discharge. A water body 

 may thus be classified as SA in terms of "designated use" although its "attainable use" 

 classification (as defined in 1981 Amendments to the Clean Water Act) may differ. Where 



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