Virginia Law

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

Article 3
Procedure

12VAC5-570-120. General.

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

B. Marinas located within 1,000 feet of the shore end of the pier that are operated as part of residential developments, overnight lodging facilities, restaurants, or commercial establishments are exempt from providing separate sewerage facilities, as long as the sewerage facilities at the residence, lodging establishment, restaurant, or commercial establishment are made available to all users of the marina. The exemption set forth in this subsection does not apply to:

1. Marinas associated with restaurants or commercial establishments that allow overnight occupancy of boats; and

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

C. Other places where boats are moored and boating access facilities are exempt from the requirements of subsection A of this section, provided that the other places where boats are moored or boating access facility:

1. Serves residents of homes (houses, condominiums, apartments, or mobile homes), their bona fide house guests, or registered guests of tourist establishments; and

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

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

Statutory Authority

§ 32.1-246 of the Code of Virginia.

Historical Notes

Derived from VR355-17-01 § 2.1, eff. September 1, 1987; amended, Virginia Register Volume 6, Issue 24, eff. October 1, 1990; Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-570-130. Location.

Owners shall conveniently locate their sewerage facilities within 500 feet walking distance from the shore end of any dock the facilities are intended to serve. On a case-by-case basis the division may approve a greater distance if unusual circumstances, such as topography or resource protection areas, prevent compliance with this requirement. The division may require the owner to provide sewerage facilities in more than one location in order to meet the needs of the particular site. 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.

Statutory Authority

§ 32.1-246 of the Code of Virginia.

Historical Notes

Derived from VR355-17-01 § 2.2, eff. September 1, 1987; amended, Virginia Register Volume 6, Issue 24, eff. October 1, 1990; Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-570-140. Availability.

Owners shall locate the sewerage facilities so that they are available and reasonably accessible to all users. The location and use of all sewerage facilities shall be clearly indicated by appropriate signage.

Statutory Authority

§ 32.1-246 of the Code of Virginia.

Historical Notes

Derived from VR355-17-01 § 2.3, eff. September 1, 1987; amended, Virginia Register Volume 6, Issue 24, eff. October 1, 1990; Volume 32, Issue 6, eff. December 16, 2015.

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

A. The minimum number of sewerage fixtures to be provided at marinas is found in Table 1.

B. Where dry storage space is provided, each dry storage space is equivalent to one-third of a slip. Separate sewerage facilities for male and female employees may be provided, but shall not be counted toward the minimum number of fixtures required to accommodate users of the marina.

C. When the number of slips exceeds those prescribed by Table 1, the owner shall provide additional fixtures. The owner shall provide one commode, lavatory, and shower for each gender for each 100 additional slips.

Statutory Authority

§ 32.1-246 of the Code of Virginia.

Historical Notes

Derived from VR355-17-01 § 2.4, eff. September 1, 1987; amended, Virginia Register Volume 6, Issue 24, eff. October 1, 1990; Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-570-160. 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, sewerage facilities for other places where boats are moored shall consist of a minimum of one commode, one lavatory, and one shower for each gender, for each 100 slips.

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

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

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.

Statutory Authority

§ 32.1-246 of the Code of Virginia.

Historical Notes

Derived from VR355-17-01 § 2.5, eff. September 1, 1987; amended, Virginia Register Volume 6, Issue 24, eff. October 1, 1990; Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-570-170. Sewage treatment.

A. 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. 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.

B. The sewage design flow for each slip shall be 25 gallons per slip per day. 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.

C. For marinas or other places where boats are moored that have a boating access facility, the design sewage flow shall be increased by 10 gallons per day per boat trailer parking space.

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.

Statutory Authority

§ 32.1-246 of the Code of Virginia.

Historical Notes

Derived from VR355-17-01 § 2.6, eff. September 1, 1987; amended, Virginia Register Volume 6, Issue 24, eff. October 1, 1990; Volume 32, Issue 6, eff. December 16, 2015.

12VAC5-570-180. Pump-out.

A. Owners of other places where boats are moored that allow overnight docking or mooring of boats and owners of all marinas, regardless of size or number of 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 that do not have live-aboard slips or allow boats with a marine sanitation device to use any of the services provided, except in an emergency. In order to qualify for this exemption, the owner of such marina or other 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 marine sanitation devices shall not be permitted to use the facility except in an emergency.

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.

D. Marinas and other places where boats are moored that provide fewer than 50 slips may be 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 shall be granted by the division whenever alternate pump-out service is provided at a nearby marina or other places where boats are moored as evidenced by an agreement signed and notarized by both parties in accordance with the requirements of this section, and filed with the division. The division shall only approve such alternate pump-out service in accordance with the following criteria:

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

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

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

4. 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. The alternate pump-out service shall be available to all boats moored at each facility and the alternate pump-out facility will furnish pump-out services to boaters referred to it by the exempt facility as specified by this chapter; and

b. The agreement 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 an exempt facility in accordance with this subsection, then that facility shall either provide pump-out service or obtain a new written agreement in accordance with this subsection by the effective date of the termination of alternate pump-out service.

E. The purpose of these minimum design criteria is to provide the owner and the department with acceptable methods for pumping, storing, and conveying the contents from marine sanitation devices. A proposed pump-out facility shall meet the following minimum design criteria:

1. Pump equipment may be fixed or portable; however, this equipment shall be 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 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. To prevent clogging, pumps shall be of a macerator type or the pumps shall be able to pass a 2-inch spherical solid. Manually operated pumps are 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 (positive displacement, centrifugal, vacuum, macerator, etc.);

b. Pump power source (electric motor, gasoline engine, etc.) and output (HP);

c. Pump capacity, including a performance curve;

d. 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. A schematic of the proposed facilities shall be provided and include the following minimum information:

a. Mean low water elevation;

b. Suction hose diameter, length, and highest elevation;

c. Pump elevation;

d. Discharge hose/pipe diameters, lengths, and highest elevation;

e. Discharge point elevation;

f. Type of dock (floating or stationary);

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. This subdivision sets forth the minimum design criteria for fittings and hoses (piping) used in the operation of a pump-out facility:

a. Suction 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 1.25 to 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 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 lines shall meet the following criteria:

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

(3) The discharge line 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) and the Sewage Handling and Disposal Regulations (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 dislodging during discharge.

d. Pump-out facilities shall include equipment for rinsing 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 of contents from marine sanitation devices may be approved by the division on an individual case basis.

Statutory Authority

§ 32.1-246 of the Code of Virginia.

Historical Notes

Derived from VR355-17-01 § 2.7, eff. September 1, 1987; amended, by Virginia Register Volume 6, Issue 24, eff. October 1, 1990; Volume 32, Issue 6, eff. December 16, 2015.

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 a proper and adequate receiving station for sewage from portable containers used on boats. Exempt from this subsection are marinas or other places where boats are moored that also qualify for the exemption contained in 12VAC5-570-120 B or C provided that the owner of the sewerage facility consents to the dumping of the contents of portable sewage containers into the sewerage facilities.

B. Where a sewage dump station is required, the owner shall install and maintain 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. The purpose of the minimum design criteria is to provide the owner and the department with acceptable methods of discharging sewage from portable containers into a sewage holding tank or a sewerage treatment works. The same criteria set forth in 12VAC5-570-200 A for contents from 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 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.

Statutory Authority

§ 32.1-246 of the Code of Virginia.

Historical Notes

Derived from VR355-17-01 § 2.8, eff. September 1, 1987; amended, Virginia Register Volume 6, Issue 24, eff. October 1, 1990; Volume 32, Issue 6, eff. December 16, 2015.

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 (12VAC5-610) 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.

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).

Statutory Authority

§ 32.1-246 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 32, Issue 6, eff. December 16, 2015.