Ala. Admin. Code r. 220-6-.61

Current through Register Vol. 42, No. 6, March 29, 2024

Section 220-6-.61 - Marine Sanitation Device (MSD) Inspections And Appointment Of Special Agents

(1) Effective October 1 ^st , 2008, the Department of Conservation and Natural Resources will designate special agents to conduct annual inspections on those vessels and residence boats required to be inspected by § 33-6A-6, Code of Ala. 1975. These special agents will be required to have the following credentials as recognized by the ADCNR:

(a) The special agent must possess a Federal Tax Identification Number/EIN.

(b) The special agent must possess the applicable business licenses required by the county and/or municipality where they are headquartered.

(c) The special agent must be bonded for a minimum of $10,000 indemnity.

(d) The special agent must receive initial training designated or provided by the Marine Police Division of the Department of Conservation and Natural Resources for the proper recognition and technical understanding of marine sanitation devices, to be followed by periodic refresher certification as outlined by Marine Police Division policy.

(e) The special agent must contractually agree to abide by all policies and procedures established by the Marine Police Division.

(2) The Marine Police Division will provide inspection forms and decals to the special agent for conducting the inspections.

(a) All forms and fees required in this regulation must be filed with the Marine Police Division by the 10 ^th day of the following month. The forms must include the following and any other information specified by the Director of the Marine Police Division:

1. MSD permit applicant's name, physical address, and permit number issued;

2. special agent's signature;

3. vessel/residence boat owner or agent's signature;

4. vessel registration number or Federal documentation number;

5. date of inspection;

6. vessel/residence boat location;

7. boat name (if applicable);

8. type of device inspected;

9. decal number issued.

(b) INSPECTION FEES FOR INSPECTIONS BY SPECIAL AGENTS: The annual inspection fee for inspections conducted by special agents will be $10 per vessel, which amount shall be remitted by the special agent to the Marine Police Division as provided for herein. In addition, the special agent may charge up to a $40 service fee per vessel (which amount may be retained by the special agent) so that the total price of the annual MSD inspection conducted by the special agent will not exceed $50 maximum for the vessel/residence boat owner.

(c) The Director of the Marine Police Division or other persons as designated for such purposes shall have the power and authority to inspect and examine the books, records, decals, ledgers, and any other paperwork or records of any type, relating to the special agent's inspections, at any reasonable time during regular business hours.

(3) The Department of Conservation and Natural Resources may cancel the authorization of the special agent to conduct inspections at any time, when it, in its sole discretion, determines that such cancellation is in the best interest of the State. Upon such cancellation, the special agent shall immediately:

(a)remit all amounts owed and

(b) return all forms, records, books, and decals, to the Marine Police Division

(4) INSPECTION FEES FOR INSPECTIONS BY ADCNR PERSONNEL: The annual inspection fee for inspections conducted by personnel of the Department of Conservation and Natural Resources will be $50 per vessel.

Ala. Admin. Code r. 220-6-.61

New Rule: Filed November 20, 2008; effective December 25, 2008.

Author: M. Barnett Lawley

Statutory Authority:Code of Ala. 1975, § 33-6A-2.