Marine sanitation survey; identification of and adequate facilities in sensitive areas

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    (a)    Based on criteria including the protection of natural resources, health, and the environment, on or before April 15, 2000, the Department shall:

        (1)    Conduct and complete, in accordance with the Federal Water Pollution Control Amendments Act of 1972 (33 U.S.C. § 1251 et seq.) and the Clean Vessel Act of 1992 (P.L. 102–587), a survey of:

            (i)    The number, location, and utilization of operational pumpout stations and waste reception facilities at public and private marinas, mooring areas, docks, and other boating access facilities in the State; and

            (ii)    The number of recreational vessels operating in the waters of the State including transient vessels equipped with Type I, Type II, or Type III marine sanitation devices or portable toilets, and the areas of the waters of the State in which those vessels congregate including areas of overnight anchoring and mooring; and

        (2)    Identify waters of the State that support living resources that are sensitive to the discharge of sewage from boats, ships, and other vessels, using criteria established under the Federal Water Pollution Control Amendments Act of 1972 and 40 C.F.R. § 140.4.

    (b)    On or before April 15, 2001, the Department shall take steps to ensure that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels, as determined under the Federal Water Pollution Control Amendments Act of 1972, are reasonably available for the sensitive areas identified under subsection (a)(2) of this section.

    (c)    (1)    The Department shall consult with the Department of the Environment in complying with subsections (a)(2) and (b) of this section.

        (2)    The Department shall make recommendations, if appropriate, to the Department of the Environment on any suggested changes to existing water quality standards.


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