WSR 98-03-090
PROPOSED RULES
PARKS AND RECREATION
COMMISSION
[Filed January 21, 1998, 11:46 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 97-24-111.
Title of Rule: Chapter 352-76 WAC, Clean vessel funding program.
Purpose: Provides information on applying for funding for boat sewage disposal facilities, and environmental education projects targeting recreational boaters.
Statutory Authority for Adoption: RCW 88.12.325.
Summary: To rewrite rule for clarity and streamline process of awarding funds.
Reasons Supporting Proposal: Complies with Governor's Executive Order 97-02 Regulatory Improvement.
Name of Agency Personnel Responsible for Drafting and Implementation: Dona Wolfe, Olympia, (360) 902-8511.
Name of Proponent: Washington State Parks and Recreation Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Describes process for state parks to grant funds for boat sewage facility construction and environmental education projects for recreational boaters. Places approval of grant authority with the director or designee. Will streamline program, to be more effective in granting funds.
Proposal Changes the Following Existing Rules: Delegates authority to director to approve grants.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposed rule will reduce costs for public and private marinas, by streamlining the process of awarding state and federal financial assistance. The proposed rule does not impose compliance costs on small businesses.
RCW 34.05.328 does not apply to this rule adoption. Per RCW 34.05.328 (5)(b)(iii) and (iv), significant legislative rule-making requirements are not imposed on the commission's administration rules.
Hearing Location: Olympia, Washington, on March 6, 1998, at 9:00 a.m. Contact Paul Malmberg at (360) 753-7143 for hearing location.
Assistance for Persons with Disabilities: Contact Paul Malmberg by February 20, 1998, (360) 753-7143.
Submit Written Comments to: Dona Wolfe, Washington State Parks, P.O. Box 42650, Olympia, WA 98504-2650, FAX (360) 753-1594, by February 20, 1998.
Date of Intended Adoption: March 6, 1998.
January 16, 1998
Jim French
Senior Policy Analyst
CLEAN VESSEL PROGRAM FUNDING ((PROGRAM))
AMENDATORY SECTION (Amending WSR 94-13-082, filed 6/13/94, effective
7/14/94)
WAC 352-76-010 ((Purpose.)) What is the purpose of clean vessel
program funding? ((Sewage discharged by recreational boaters is a
contributor to localized degradation of water quality in Washington
state. The discharge of untreated sewage by boaters is prohibited under
federal law in all areas within the navigable waters of the United States
and under state law in all waters of the state. Many boaters have Type
III marine sanitation devices (holding tanks), or portable toilets for
sewage. However, there is currently an inadequate number of pumpout
stations and dump stations for boaters to dispose of their sewage. The
purpose of this chapter is to provide funds to public and private marinas
for the purchase, construction, and renovation of pumpout and boater
waste reception facilities and to provide funds to educational
institutions, public agencies and boating organizations for boater
environmental education activities.
Funding for this program will come from the federal "Clean Vessel
Act of 1992," Pub.L. 102-587, Subtitle F, and state funds appropriated
by the legislature for such purposes. This chapter establishes the
procedures by which the commission will award funds for clean vessel
projects and the conditions related to the use of funds.)) The purpose
of this program is to provide funds for the purchase, construction, and
renovation of pumpout and boater sewage disposal facilities and to
provide funds for boater environmental education activities. Funding for
this program will come from federal and state funds. This chapter
establishes the procedures by which state parks will award funds for
clean vessel projects and the conditions related to the use of the funds.
[Statutory Authority: RCW 88.12.325. 94-13-082, 352-76-010, filed
6/13/94, effective 7/14/94.]
AMENDATORY SECTION (Amending WSR 94-13-082, filed 6/13/94, effective
7/14/94)
WAC 352-76-020 ((Definitions.)) How are the words and phrases used
in this chapter? ((When used in this chapter, the following words and
phrases shall have the meaning designated in this section unless a
different meaning is expressly provided or unless the context clearly
indicates otherwise.
"Boater" means any person on a recreational vessel on waters of the
state of Washington.
"Boater sewage" or "boat sewage" means liquid and solid human waste
material generated by boaters while using recreational vessels.
"Boating environmental committee" means a committee of the boating
safety council, the volunteer advisory body created by the commission to
advise on matters related to the state boating program, and composed of
representatives of Washington's boating community and other concerned
interests.
"Clean Vessel Act" or "act" means the federal Clean Vessel Act,
Pub.L. 102-587, Subtitle F.
"Commission" means the Washington state parks and recreation
commission.
"Construction" means activities which produce new capital
improvements and increase the value or usefulness of existing property.
"Director" means the director of the Washington state parks and
recreation commission.
"Education/information" means the education/information program
designed to make recreational boaters and others aware of the
environmental pollution problem resulting from sewage discharges from
vessels, to inform them of facility locations, and to encourage
environmentally responsible behavior.
"Eligible cost" for sewage pumpout and sewage dump stations means
that portion of the cost of the facility that can be financed under the
provisions of this chapter and guidelines developed pursuant to this
chapter.
"Facility" means a pumpout station, dump station or other devise for
the disposal, holding and/or transport of boater sewage.
"Funding recipient" is the entity which has been awarded a contract
with state parks to receive funding for activities identified in WAC 352-76-040.
"Maintenance" means those activities necessary for upkeep of a
facility. These are activities that allow the facility to function and
include routine recurring custodial maintenance such as housekeeping and
minor repairs as well as the supplies, materials, and tools necessary to
carry out the work. Also included is nonroutine cyclical maintenance to
keep facilities fully functional.
"Marina" means a facility providing boat moorage space, fuel, or
commercial services. Commercial service includes, but is not limited to,
overnight or live-aboard boating accommodations.
"Operation" means those activities necessary for the functioning of
a facility to produce desired results. These are activities that make
the facility work.
"Plan" is the plan identified in the technical guidelines as
published in the Federal Register, for construction or renovation of
pumpout and dump stations necessary to ensure that there are adequate and
reasonably available stations to meet the needs of recreational vessels
using the coastal waters of the state titled Comprehensive Plan for Boat
Sewage Disposal for Washington State.
"Private entities" means any individual firm, corporation,
association, partnership, consortium, joint venture, industry, or any
other nonpublic entity which operates or has the potential to operate a
facility or a boater education program.
"Project" means a facility or a boater environmental education
program for which a public or private entity applies for and receives
funding.
"Public entities" means all elected or appointed bodies and agencies
of government, including tribal governments, responsible for collecting
and spending public funds.
"Recreational vessel" means a watercraft manufactured for operation,
or operated, primarily for pleasure. This term includes any watercraft
leased, rented, or chartered to another for the latter's pleasure.
"Renovation" means major rehabilitation of a facility to restore it
to its original intended purpose.
"Sewage dump station" means a facility specifically designed to
receive sewage from portable toilets carried on vessels. Sewage dump
stations do not include lavatories or restrooms.
"Sewage pumpout station" means a mechanical device, fixed or
portable, generally stationed on a dock, pier, float, barge, vessel or
other location convenient to boaters, designed to remove sewage waste
from Type III marine sanitation devices (holding tanks) installed onboard
vessels.
"State parks" means the operating arm of the Washington state parks
and recreation commission, which is responsible for implementation of
commission programs established pursuant to statute or policy.
"Type III marine sanitation device" (holding tank) means any
equipment for installation onboard a vessel which is specifically
designed to receive, retain, and discharge sewage.)) (1) "Boat sewage
disposal facility" means a mechanical or static device, fixed or
portable, generally stationed on a dock, pier, float, barge, vessel or
other location convenient to boaters, designed to remove sewage waste
from recreational vessels, including pumpouts, dump stations, and
floating restrooms.
(2) "Boater" means any person on a recreational vessel on waters of the state of Washington.
(3) "Commission" means the Washington state parks and recreation commission.
(4) "Director" means the director of the Washington state parks and recreation commission or designee.
(5) "Plan" is the comprehensive plan for boat sewage disposal for Washington state.
(6) "Recreational vessel" means a watercraft manufactured for operation, or operated, primarily for pleasure. This term includes any watercraft leased, rented, or chartered to another for the latter's pleasure.
(7) "State parks" means the operating arm of the Washington state
parks and recreation commission, which is responsible for implementation
of commission programs established pursuant to statute or policy.
[Statutory Authority: RCW 88.12.325. 94-13-082, 352-76-020, filed
6/13/94, effective 7/14/94.]
AMENDATORY SECTION (Amending WSR 94-13-082, filed 6/13/94, effective
7/14/94)
WAC 352-76-030 ((Eligible applicants.)) Who is eligible for clean
vessel program funding? ((The commission may award funding to the
owner(s) of public, tribal or private marinas, boat launches, boater
destination sites, marine service enterprises, and to schools, public
agencies, and boating and environmental organizations.)) Owner(s) of
public, tribal or private marinas, boat launches, state, local or
municipal park districts, boater destination sites, marine service
enterprises, schools, public agencies, nonprofit or not-for-profit
organizations, and boating and environmental organizations are eligible
to apply for the funds.
[Statutory Authority: RCW 88.12.325. 94-13-082, 352-76-030, filed
6/13/94, effective 7/14/94.]
AMENDATORY SECTION (Amending WSR 94-13-082, filed 6/13/94, effective
7/14/94)
WAC 352-76-040 ((Eligible activities.)) What activities are
eligible for clean vessel program funding? (((1) Subject to any
limitations imposed by the director pursuant to WAC 352-76-050(2),
eligible activities may include:
(a) Construction/renovation of facilities including floating
restrooms in the water, not connected to land or structures connected to
the land used solely by boaters.
(b) Any activity necessary to hold and transport sewage to sewage
treatment plants, such as holding tanks, piping, and haulage costs.
(c) Any activity necessary to get sewage treatment plants to accept
sewage, such as installing bleed-in facilities.
(d) Education/information program to educate/inform the following
audiences about the environmental pollution problems resulting from
sewage discharges from recreational vessels, to inform them of the
location of pumpout and dump stations, and to encourage environmentally
responsible behaviors:
(i) Boat owners and operators;
(ii) Marina owners and operators;
(iii) Sewage treatment plant owners and operators;
(iv) Federal, state and local governmental authorities and
organizations;
(v) Boating supply and retailers; and
(vi) The general public.
(2) The following activities are ineligible:
(a) Activities that do not provide public benefits.
(b) Enforcement activities.
(c) Construction/renovation of upland restroom facilities.
(d) Construction/renovation, operation and maintenance of on-site
sewage treatment plants, such as package treatment plants and septic
systems, and of municipal sewage treatment plants for primary and
secondary treatment.)) (1) The director will select those activities that
are eligible for funding from the following list and publish them in the
current application package:
(a) Construction/renovation of boat sewage disposal facilities in the water, not connected to land, and used solely by boaters. The exception is facilities used for dumping waste from portable toilets, which may be placed on shore.
(b) Any activity necessary to hold and transport sewage to sewage treatment plants, such as holding tanks, piping, and haulage costs.
(c) Any activity necessary to get sewage treatment plants to accept sewage, such as installing bleed-in facilities.
(d) Any education/information project to educate/inform boaters about environmental pollution problems including those resulting from sewage discharges from recreational vessels or other boater practices, to inform them of the location of pumpout and dump stations, and to encourage environmentally responsible behavior.
(2) The following activities are ineligible:
(a) Activities that do not provide public benefits.
(b) Enforcement activities.
(c) Construction/renovation of upland restroom facilities.
(d) Construction/renovation, operation and maintenance of on-site
sewage treatment plants, such as package treatment plants and septic
systems, and of municipal sewage treatment plants for primary and
secondary treatment unless approved by U.S. Fish and Wildlife Service.
[Statutory Authority: RCW 88.12.325. 94-13-082, 352-76-040, filed
6/13/94, effective 7/14/94.]
AMENDATORY SECTION (Amending WSR 94-13-082, filed 6/13/94, effective
7/14/94)
WAC 352-76-050 ((Limitations on the availability and use of
funds.)) Are there any limitations on the availability and use of funds?
(((1) The director may establish limitations on the availability and use
of clean vessel project funds for a funding application period when the
director believes that doing so would assist the commission in providing
for an efficient network of boater sewage disposal facilities and/or an
effective boater education and information program. Any limitations
shall be defined in the application package for each funding period. The
director shall establish such limitations only after considering the
following:
(a) Consistency with the Comprehensive Plan for Boat Sewage Disposal
for Washington State.
(b) Availability of funds.
(c) Advice from the commission's "boating environmental committee."
(d) Information which identifies emerging technology, user trends,
public education opportunities or other studies or data which can direct
the proper disposal of boater sewage.
Limitations established by the director shall be confined to those
set forth in subsections (2) through (5) of this section.
(2) Eligible activities. For each funding period the director shall
determine which activities specified in WAC 352-76-040 shall be eligible
for project funding, and shall determine the amount of project funding
to be allocated to each category of activity.
(3) Cost sharing. The director may determine that applicants be
required to make a matching contribution to be eligible for funding.
(4) Allowable costs. The director may limit the amount of funding
available for any element(s) of a project including but not limited to;
design, engineering and consultant fees, construction, equipment, floats
or other related appurtenances, and applicant staff costs.
(5) Fees charged. A maximum of a five-dollar fee may be charged per
use, with no justification, for use of pumpout facilities constructed
with grant funds. If higher fees are charged, they must be justified to
the director before the proposal can be approved. Such proceeds shall
be retained, accounted for, and used by the operator to defray operation
and maintenance costs as long as the facility is needed and it serves its
intended purpose. The maximum fee shall be evaluated for inflation each
year.)) (1) The director may establish limitations on the availability
and use of clean vessel program funds for a funding application period
when the director believes that doing so would assist the commission in
providing for an efficient network of boater sewage disposal facilities
or specific environmental education projects. Any limitations shall be
defined in the current application package. The director shall establish
such limitations only after considering the following:
(a) Consistency with the plan.
(b) Availability of funds.
(2) The director may determine that applicants be required to make a matching contribution to be eligible for funding.
(3) The director may limit the amount of funding available for any
element(s) of a project.
[Statutory Authority: RCW 88.12.325. 94-13-082, 352-76-050, filed
6/13/94, effective 7/14/94.]
AMENDATORY SECTION (Amending WSR 94-13-082, filed 6/13/94, effective
7/14/94)
WAC 352-76-060 ((Application process.)) How does one apply for
funding? In order to be considered ((by the commission)) for receipt of
((clean vessel project funding an eligible applicant must:
(1) Complete an application form prescribed by the director and file
the application on or before the filing date set by the director in the
application package.
(2) Provide a statement of intent from the governing body of the
requesting public entity or private entity that the necessary matching
funds will be made available for the project as described in the
application and that project funding will be accepted on a reimbursement
basis.
(3) Agree to all the terms and conditions established in this
chapter and as specified in the project contract)) a boat sewage disposal
or educational grant, an eligible applicant must complete and submit an
application form provided by state parks following the instructions
provided in the form.
[Statutory Authority: RCW 88.12.325. 94-13-082, 352-76-060, filed
6/13/94, effective 7/14/94.]
AMENDATORY SECTION (Amending WSR 94-13-082, filed 6/13/94, effective
7/14/94)
WAC 352-76-070 ((Project selection.)) What criteria will be used
to evaluate applications? ((The selection criteria and the selection
process which will be used by the commission in the review and
disbursement of clean vessel project funds are as follows:
(1) Selection criteria. The director shall select any or all of the
following criteria in evaluating applications for project funding. The
appropriate criteria shall be identified in the application packet. Each
proposal must be compatible with the comprehensive plan for boat sewage
disposal for Washington state.
(a) Proposals that provide for public/private partnership efforts
to develop and operate sewage pumpout and dump stations;
(b) Proposals for innovative ways to increase the availability and
use of pumpout and dump stations, e.g., where private parties put in more
than the minimum amount;
(c) Proposals that include an education/information component;
(d) Proposals that benefit the waters most likely to be affected by
the discharge of sewage from vessels, including the waters as defined in
the technical guidelines as published in the Federal Register, 59 Federal
Register 11299;
(e) Proposals in areas with high vessel/pumpout or dump station
ratios;
(f) Proposals which show consideration for the economics of
installation or implementation to provide greatest cost benefit ratio;
(g) Proposals which can demonstrate their feasibility for
construction or implementation;
(h) Proposals which contribute to the statewide network of
facilities or programs in terms of proximity to existing facilities and
geographic balance.
(2) Selection process.
(a) Applications will be reviewed by state parks staff to determine
eligibility and consistency with the requirements of this chapter.
(b) The director will receive and consider the recommendations of
the boating environmental committee and will present final
recommendations to the commission.
(c) The commission retains the authority and the responsibility to
make the final decision concerning the funding of a project.)) The
following criteria are used to evaluate applications:
(1) For boat sewage disposal facility applications:
(a) Proposals that provide for public/private partnerships;
(b) Proposals that provide for innovative ways to increase the availability and use of boat sewage disposal facilities;
(c) Proposals that benefit the waters most likely to be affected by the discharge of sewage from vessels;
(d) Proposals in areas with a high vessel/boat sewage disposal facility ratio;
(e) Proposals which show consideration for the economics of installation or implementation to provide greatest cost benefit ratio, e.g., where private parties put in more than the minimum amount;
(f) Proposals which contribute to the state-wide network of facilities or programs in terms of proximity to existing facilities and geographic balance;
(g) Proposals which demonstrate their compatibility with the plan.
(2) For education or information applications:
(a) Proposals which encourage sound environmental practices through changing boater behavior;
(b) Proposals which target sensitive areas as defined in the plan;
(c) Proposals which encourage community involvement;
(d) Proposals targeted to areas of high boater use;
(e) Proposals which demonstrate innovative approaches to education or information;
(f) Proposals which provide for public/private partnerships.
[Statutory Authority: RCW 88.12.325. 94-13-082, 352-76-070, filed
6/13/94, effective 7/14/94.]
NEW SECTION
WAC 352-76-075 How will projects be selected for funding? (1) Applications will be reviewed by state parks staff to determine eligibility and will be evaluated against the criteria in this chapter.
(2) Staff will consult with and consider the recommendations of the boating environmental committee of the state parks boating safety council and will present final recommendations to the director.
(3) The director shall make the final decision on funding a project.
[]
AMENDATORY SECTION (Amending WSR 94-13-082, filed 6/13/94, effective
7/14/94)
WAC 352-76-080 What conditions are placed on the use of funds((.))?
((The following conditions apply to the use of clean vessel project
funds.
(1) Project contract. For every funded project a contract must be
executed by the director or designee on behalf of the commission and by
the funding recipient. The funding recipient may not proceed with the
project until the contract has been executed by both parties.
(2) Design criteria. The funding recipient shall ensure that design
and installation of the facilities are in accordance with the technical
standards provided by state parks.
(3) Signage. A state or national symbol provided by state parks
shall be installed to be clearly visible to direct boaters entering the
facility to sewage pumpout and dump stations. Appropriate information
shall be installed at sewage pumpout and dump stations. Such information
shall indicate fees, restrictions, hours of operation, operating
instructions, and a contact name and telephone number if the facility is
inoperable. State parks will identify required wording.
(4) Public access. All recreational vessels must have access to
sewage pumpout and dump stations funded under this grant program.
Facilities shall be operated, maintained, and continue to be reasonably
accessible to all recreational vessels for the full period of their
useful life.
(5) Operation and maintenance. All facilities funded under this
program shall be operated and maintained by the funding recipient for the
full period of their useful life. All structures and related assets are
to be used for their stated purpose.
(6) Reporting requirements. The funding recipient shall submit the
reports required by state parks as directed in the funding contract.
(7) Compliance with state and federal laws, regulations, and
policies. In accepting project funding, the funding recipient must agree
to and certify compliance with all applicable federal and state laws,
regulations and policies.
(8) Accountability. Funding recipients shall maintain accurate
accounting records on the expenditure of project funds, provide state
parks with these records consistent with the agreement or upon request,
and permit state parks to audit the use of funds in accordance with
generally accepted audit practices and standards. State parks reserves
the right to terminate its participation in any program which fails to
perform according to the requirements of this chapter.)) The following
conditions apply to the use of the funds:
(1) Project contract. For every funded project a contract must be executed by the director on behalf of the commission and by the funding recipient. Generally, the funding recipient will not be reimbursed for costs incurred prior to the execution of the contract by both parties.
(2) Technical standards. The funding recipient for boat sewage disposal facilities shall ensure that design and installation of the facilities are in accordance with the technical standards provided by state parks.
(3) Signage.
(a) Boat sewage disposal facilities. A national symbol provided by state parks shall be installed to be clearly visible to direct boaters entering the boat sewage disposal facility. Appropriate information shall be provided indicating fees, restrictions, hours of operation, operating instructions, and a contact name and telephone number if the facility is inoperable.
(b) Educational/information projects. Signage must be appropriate to local conditions and address local environmental needs. The clean vessel symbol provided by state parks shall be used in all signage.
(4) Public access. All recreational vessels must have access to boat sewage disposal facilities funded under this grant program. Facilities shall be operated, maintained, and continue to be reasonably accessible to all recreational vessels for the full period of their useful life.
(5) Operation and maintenance. All facilities funded under this program shall be operated and maintained by the funding recipient for the full period of their useful life. All structures and related assets are to be used for their stated purpose.
(6) Reporting requirements. The funding recipient shall submit the reports required by state parks as directed in the funding contract.
(7) Compliance with state and federal laws, regulations, and policies. In accepting project funding, the funding recipient must agree to and certify compliance with all applicable federal and state laws, regulations and policies.
(8) Accountability. Funding recipients shall maintain accurate accounting records on the expenditure of project funds, provide state parks with these records consistent with the agreement or upon request, and permit state parks to audit the use of funds in accordance with generally accepted audit practices and standards. State parks reserves the right to terminate its participation in any program which fails to perform according to the requirements of this chapter.
(9) Fees charged. A maximum five-dollar fee may be charged, with
no justification, for use of boat sewage disposal facilities constructed,
operated or maintained with grant funds. If higher fees are charged,
they must be justified and approved by the director prior to charging a
higher fee. Proceeds shall be retained, accounted for, and used by the
operator to defray operation and maintenance costs as long as the
facility is needed and it serves its intended purpose. The maximum fee
shall be evaluated for inflation as determined by the director.
[Statutory Authority: RCW 88.12.325. 94-13-082, 352-76-080, filed 6/13/94, effective 7/14/94.]