WSR 98-07-021
PERMANENT RULES
PARKS AND RECREATION
COMMISSION
[Filed March 10, 1998, 11:15 a.m.]
Date of Adoption: March 6, 1998
Purpose: Provides information on applying for funding for boat disposal facilities and environmental education projects targeting recreational boaters
Citation of Existing Rules Affected by this Order: Amending chapter 352-76 WAC
Statutory Authority for Adoption: RCW 88.12.235
Adopted under notice filed as WSR 98-03-090 on January 21, 1998
Changes Other than Editing from Proposed to Adopted Version:
WAC 352-76-010, the first sentence is changed to avoid
duplication, as follows: "The purpose of this program is to
provide funds for the purchase, construction, and renovation of
pumpout and boater boat sewage disposal facilities and to provide
funds for . . . ."
WAC 352-76-040, subparagraph (a) is changed to avoid
duplication, as follows: "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."
WAC 352-76-080, subsection (8), the last sentence changed to
correct a typographical error: "State parks reserves the right
to terminate its participation in any program project which fails
to perform according to the requirements of this chapter."
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 8, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, amended 8, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
March 9, 1998
Jim French
Senior Policy Analyst
OTS-1980.3
Chapter 352-76 WAC
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 boat 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 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) 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 project 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.]