New NC Law Requires Pump-Out Log

[Captain Smollett]

http://cruisersnet.net/new-law-pumpout-log-to-be-required-in-nc/

This is going to KILL some of the folks in this marina.  There's us and one other live aboard boat that I have ever seen, in a year and a half, over at the pump-out station.  Pump-outs are free for marina guests.

This might make it interesting for the folks that NEVER pump-out (quite possibly because they 'flush' overboard - I've had some 'brag' to me that that's what they do). 

I wonder if the enforcement plan is to inspect the logs of boats in marinas or only boats underway.

Any other similar laws for other states?  Other places may be soon to follow.

[Mario G]

Hey Captain Smollett  When we pumped out in Manteo the Dock master said the marinas in that area were all given 10k to put in pump stations but could only charge $5 and had to log every pump out so they couldn't let the boat owners do it themselves.

We have made it to Oriental , Sea Harbor  Marina (Story to follow) but I'm not sure how it works out here yet. 

I hate the thought of people just flushing overboard but am sure the NC govermant will find away of making money from this.

Mario
Chrysler C-26 Shaken Knot Stir'd
Chrysler C-22 Don't Wake Me--(for sale)

[AdriftAtSea]

I don't see having a pump-out log as being a big issue.  One problem they're going to run into is that most pumpout facilities I've seen don't keep logs. 

[CharlieJ]

Two things I wonder about-

how will this apply to boats in transit that are NOT NC boats?

And would logging each pumpout in the regular ships log suffice?

Just logging dates of pumpout doesn't seem particularly onerous to me by the way.

[Oldrig]

Charlie:

I haven't yet checked this out officially, although I will have to as part of an editing job.

However, here's my reading of the rules:

1) Yes, it applies to ALL boats passing through North Carolina waters

and

2) I agree with you, a pumpout log is not so onerous, and probably a good addition to your regular logbook anyway ("what logbook?" you said.).

I believe the Official form is available for download from the State of NC.

While none of us SailFar types really likes regulations, and none of us would think of polluting the coastal waters if we can avoid it, this rule could be a very small step in the right direction. Still, there should be equivalent logs for manure ponds, agricultural runoff and municipal treatment/rain runoff systems, IMHO.

Best,

--Joe

[CharlieJ]

Wealready log  pumpouts in the ships log, for our own info.

That will have to suffice for them. I'm not gonna keep separate records of this and that for every state we transit.

We have no way of pumping overboard anymore anyway.

[Oldrig]

Wealready log  pumpouts in the ships log, for our own info.

Charlie,

Since your ship's log is recognized as a legal document, I'd think you'd have a pretty strong case--but I wonder if it would be worth going through a court challenge.

I'm still talking off the top of my head, as I have yet to actually read the NC regulation or speak to anybody in the state's environmental/marine police.

North Carolina has a reputation as one of the most boater-friendly states in the Southeast, so they might have written some flexibility into the law.

We'll soon see. ...

--Joe

[Oldrig]

Here's a recent update, posted by a pro-boating lobbyist in NC to the Waterways Guide website. According to this, the pumpout law is held up in the NC state Senate:

06 July 2010
NC: New pump out log requirements still not law

7/6/10

Well, it is now July and this bill is still not law. Here is a brief summary from an individual who is working on the legislation.

"The Senate Ag and Environment Committee just amended the bill by changing the effective date to April 1 2011. The bill sponsor agreed to the change. One of the sponsors has asked me to pull together a stakeholders group to work on the legislation. The bill now heads to the Senate floor and then to the House floor for concurrence."

Lu-Ann C. Perryman
DLC & Associates, Inc.

No, this does NOT clarify things too much.
BTW, the law applies to designated no-discharge zones and areas under petition for no-discharge status.
Also, it doesn't just apply to MSDs -- taking a leak over the side is also verboten.

--Joe

[CharlieJ]

Thanks for the info-'preciate it ;)

[Captain Smollett]

BTW, the law applies to designated no-discharge zones and areas under petition for no-discharge status.

I know reading these kinds of things is fraught with misinterpretation, so I offer this as a "are you SURE about that statement, because that's not how *I* read the law."

For those interested, here's the House Bill (PDF warning).

Now, here's how I read this:

Point 1:

The part that applies to No Discharge Zones is the part that REQUIRES marinas to have a pumpout facility.  

"Section 77-126:  Marina pumpout facilities and services required in certain areas..."

Point 2:

However, as I read this, the remaining part of the law pertains to ALL marinas that HAVE pumpout facilities.

Specifically,

"Section 77-127 Department of Environmental and Natural Resources establish pumpout facility criteria; inspection of pumpout facilities and vessels docked or moored at a marina."

contains the following language:

"(a) The DENR shall establish criteria for ... services provided at large vessel marinas that offer docking services to the general public."

There is NOTHING in this section that defines this section ONLY for those marinas in NDZ's.

Point 3:

Further,  the next section

"77-128. Vessel owner and operator required to keep log of pumpout dates."

likewise does not say anything about NDZ's.  Indeed, the phrasing is very specific:

"any owner or operator of a vessel that has a marine sanitation device..."

(emphasis added)

Point 4:

Finally,

"Section 77-129. "No discharge of treated or untreated sewage in coastal waters; ..."

starts with the language:

"(a) No person shall discharge treated or untreated sewage into coastal waters, ... "

(emphasis added)

So, I assert that the ONLY part of the law that only applies to NDZ's is that part REQUIRING marinas to have a pumpout facility.  The rest of the law, seems to me anyway, applies to everybody anywhere in coastal waters.

Of course, I could well be wrong since 77-131 does state it only applies to NDZ's and any area under petition to become an NDZ.  It just seems that this flies in the face of the wording of the sections quoted above.

I welcome discussion, and of course it may all change before becoming law.

I will say that I can see some of the 'good' side of this law.  I am not crazy about the gov't having another hook ("I want to see your pumpout logs" or some such), but I *KNOW* there are a *LOT* of boats in this area illegally dumping waste overboard and NO ONE is doing anything about it (alas, including me).

(Edit: I'm not doing anything about those pumping their heads overboard...)

Now, this is ridiculous, since our marina has free pumpouts for marina guests, but I don't know how much they charge for just a pumout - it could be nothing.  The marina across the river has a pumpout as well, and there may be at least two others within about two miles.  There really is no excuse to not pump-out.

This may not be much of an issue in an out of the way spot, but here in a boating town with a resident population of about 30,000 and a "use" population much greater (ie, a LOT of boats launch here from all over the eastern part of the state), the problem is a large number of boats concentrated in a small area.  Morehead City and other coastal towns are similar.

(Note, even though we are pretty far inland, we are in designated coastal waters, at least as far as the fishing license is concerned...the demarcation line for coastal / inland is about 1 mile upriver from our marina).

So, I have mixed feeling about this law...it may amount to about the same thing as enacting a special drug dealer tax that no drug dealer would ever pay, then using that as an additional hook after arrest for dealing drugs (this was tried in at least one state a few years ago).  But it *MAY* get some of these folks to actually USE the pumpout stations that are already available.

Who knows?

The single biggest problem is transients...those transiting NC who pumped out in SC or VA before crossing into state waters, or those approaching from offshore who legally "pumped out" outside the 3 mile limit.  I think it is impractical for the state to expect every boat coming into the state to adhere to the log keeping requirements.

In this regard, what of a boat that never intended to come into NC waters, but had to approach from offshore for an emergency?  Would they get an exemption for not having the log since they never 'intended' to even come to NC, knowing the law or not?

All this is important discussion since a $10,000 PER DAY fine is NOT a small fine for most boaters.

[Auspicious]

Makes one think.



Thinking ...