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The State of North Carolina, in a 2009 session, has added requirements that recreational boaters must now keep a log of pump outs on board your vessels, and the new regulation goes into affect July 1, 2010. House Bill 1378 makes it a misdemeanor for a vessel to not have this log on board.
The bill states that all vessel owners and operators are required to keep a log of pumpout dates. Any owner or operator of a vessel that has a marine sanitation device shall maintain a record of the date of each pumpout of the marine sanitation device and the location of the pumpout facility. Each record shall be maintained for a period of one year from the date of the pumpout. Section 1 of this act becomes effective July 1, 2010.
So as you see, although this is considered a misdemeanor, the fines can be considerable depending on the interpretation of the regulations. Section 1, 77-128 says no civil penalties shall be assessed and Section 1, 77-130 states fines can be up to $10,000.00. As we reported earlier in an April Waterway Alert, sections of the ICW in North Carolina have been designated a No Discharge Zone. The state of North Carolina joins a growing number of states that are taking a hard approach to the discharge of waste from recreation vessels.
We have received some further clarification on this which makes it about as
clear as mud. According to the legislation the definition for the exact areas
covered are as follows,A vessel in coastal waters that are either designated as a no discharge zone
or are included in a petition to the Environmental Protection Agency to be
designated as a no discharge zone unless the petition has been denied by the
Environmental Protection Agency.
So to know if it applies, you will need to know what waters have been petitioned
as no discharge zones. That certainly will make it clear. Many have questioned whether this applies only to North Carolina boats or boats in transit. As the legislation is written, it applies to ANY vessel, which we will have to assume means transient, registered in other states, or documented vessels. We will provide you with more information as it becomes available. Stay tuned since it is not July yet.
Chuck Baier,
General Manager
www.waterwayguide.com
cbaier@waterwayguide.com
You can read the entire bill at
http://tinyurl.com/23xmro2
The State of North Carolina, in a 2009 session, has added requirements that recreational boaters must now keep a log of pump outs on board your vessels, and the new regulation goes into affect July 1, 2010. House Bill 1378 makes it a misdemeanor for a vessel to not have this log on board.
The bill states that all vessel owners and operators are required to keep a log of pumpout dates. Any owner or operator of a vessel that has a marine sanitation device shall maintain a record of the date of each pumpout of the marine sanitation device and the location of the pumpout facility. Each record shall be maintained for a period of one year from the date of the pumpout. Section 1 of this act becomes effective July 1, 2010.
So as you see, although this is considered a misdemeanor, the fines can be considerable depending on the interpretation of the regulations. Section 1, 77-128 says no civil penalties shall be assessed and Section 1, 77-130 states fines can be up to $10,000.00. As we reported earlier in an April Waterway Alert, sections of the ICW in North Carolina have been designated a No Discharge Zone. The state of North Carolina joins a growing number of states that are taking a hard approach to the discharge of waste from recreation vessels.
We have received some further clarification on this which makes it about as
clear as mud. According to the legislation the definition for the exact areas
covered are as follows,A vessel in coastal waters that are either designated as a no discharge zone
or are included in a petition to the Environmental Protection Agency to be
designated as a no discharge zone unless the petition has been denied by the
Environmental Protection Agency.
So to know if it applies, you will need to know what waters have been petitioned
as no discharge zones. That certainly will make it clear. Many have questioned whether this applies only to North Carolina boats or boats in transit. As the legislation is written, it applies to ANY vessel, which we will have to assume means transient, registered in other states, or documented vessels. We will provide you with more information as it becomes available. Stay tuned since it is not July yet.
Chuck Baier,
General Manager
www.waterwayguide.com
cbaier@waterwayguide.com
You can read the entire bill at
http://tinyurl.com/23xmro2