7 Del. Admin. Code § 7501-14.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 7501-14.0 - Marina Operations and Maintenance (O&M) Plan

14.1 Pumpout requirements. Regardless of the number of slips, any marina providing other than transient berthing for any vessel containing a Type III marine sanitation device shall provide access to a sewage pumpout or dump station as required by 7Del.C.,§ 6035. In addition, the marina owner shall post signs to identify the location of the marina's pumpout/dump stations. If the marina is not required to provide this service, the marina owner shall post a sign identifying the location of the nearest pumpout station.

14.2 Marina operations and maintenance (O&M) plan. This section of the Regulations presents the requirements for obtaining a marina operations and maintenance (O&M) plan. It applies to all marinas in the State of Delaware, whether existing, under construction, or proposed. The intent of the operations and maintenance plan is to address compliance with statutory requirements and permit programs and to protect the aquatic and terrestrial environment. Once the plan is approved, marina owners are responsible for:

. ensuring that marina personnel comply with all aspects of the plan,

. providing copies of the plan to all marina tenants, and

. taking appropriate action to deal with marina tenants who violate any provision of the plan.

14.2.1 Periodic Review and Approval

All marinas governed by this Regulation shall be required to update and submit their previously approved O&M plan for Department review and re-approval based upon the following schedule:

14.2.1.1 Marinas with 0-50 slips - due for re-approval four years after O&M plan approval date

14.2.1.2 Marinas with 51-100 slips - due to re-approval three years after O&.M plan approval date

14.2.1.3 Marinas with >100 slips - due for re-approval two years after O&M plan approval date

14.2.2 Standard O & M Plans

14.2.2.1 Any existing marina with 50 slips or less which does not contain fueling or maintenance facilities.

14.2.2.2 Applicants for the following types of marinas may request a Standard O&M Plan Information Sheet from the Department:

14.2.2.2.1 Any new marina that qualifies for permitting status under Section IV of this Regulation,

14.2.2.2.2 Facilities that have less than 5 slips, but provide dockage for one or more headboats,

14.2.2.2.3 Public, commercial, and recreational boat ramps.

14.2.2.3 Upon completion, the standard O&M Plan Information Sheet is submitted to the Department for incorporation into the Department approved Standard O&M Plan. The plan is then returned to the applicant for final signatures. The Department may also request modifications to tailor the standard plan to the particular operation before final approval.

14.2.2.4 Applicants owning or operating more than one marina on freshwater impoundments where the marinas are substantially equivalent in size, services offered, and the potential to cause pollution, may submit one O&M plan to cover these facilities.

14.2.2.5 Applicants for marinas that must comply with the Federal Aid in Sportfish Restoration Act (Dingell-Johnson Program), may submit documents that satisfy these federal program requirements and cover the intent of the O&M plan, to satisfy the requirements of the O&M plan.

14.2.3 O&M Plans: Required Information

This section describes the minimum information required in the O&M plan. New marinas and alterations to existing marinas must submit a draft plan with their marina permit application and a final plan six months after operation commences. Existing marinas must submit the plan within one year of the effective date of this Regulation. Whenever the marina ownership or leasehold changes, the O&M plan must be revised and resubmitted for Department approval.

14.2.3.1 Water Quality Management

14.2.3.1.1 All O&M plans shall include a plan to reduce the seasonal wet storage of vessels to the maximum extent practicable, including dates for autumn vessel removal and spring launching.

14.2.3.2 Stormwater Runoff - All O&M plans shall include a plan for managing stormwater. Included in this plan shall be practicable steps to eliminate-sources of pollution associated with rainfall runoff. For new marinas, the operation and maintenance of all stormwater management facilities and structures shall be discussed. For existing marinas, major retrofitting will not be required. However, where practicable, all activities that may cause or contribute to pollution such as maintenance facilities and storage areas for wastes, or for materials such as solvents, paints, oils, and greases, shall be placed under roof. In all maintenance areas, housekeeping procedures shall be instituted to minimize the accumulation of maintenance wastes and to provide proper storage for maintenance materials. Wherever practicable, vegetated buffer areas between non-porous surfaces and the water should be planted and/or maintained. Owners of existing commercial marinas that provide major vessel maintenance services should install a sand filter or other water quality management practice as a means to treat wastewater from maintenance activities and stormwater run-off.

14.2.3.3 Storage and Handling of all MaterialsUsed in Maintenance. The O&M plan must describe all methods used for material storage and handling. All methods must be in accordance with applicable regulations. Materials of concern include fuels, paints, preservatives, pesticides, solvents, oils, greases, epoxies, corrosive cleaners, and other materials used in the maintenance of vessels or marina structures and facilities.

14.2.3.4 Storage, Handling and Disposal of Wastes. The O&M plan must describe methods for storage, handling, and disposal of wastes. All methods must comply with Department regulations.

14.2.3.5 Shoreline Structures Maintenance

14.2.3.5.1 All maintenance and repair of bulkheads, piers, etc., shall be conducted with minimal adverse impact to the existing aquatic environment, and with prior approval of the Department, when required by the DelawareRegulations Governing the Use of Subaqueous Lands.

14.2.3.5.2 The O & M plan shall include a description of techniques that will be used to protect the environment during regular maintenance operations. The Marina Guidebook may be used for information on best management practices for shoreline structure maintenance.

14.2.3.6 Emergency Operations. The marina owner/operator shall develop plans of action for the following emergencies:

14.2.3.6.1 Fuel/Oil Spill Prevention and Containment Plans. All marinas that provide fuel facilities shall have a spill contingency plan approved by the Department.

14.2.3.6.1.1 Marina operators shall immediately notify the Department in the event of any oil or fuel spill in accordance with 7Del.C.,§ 6028.

14.2.3.6.1.2 It is the responsibility of the marina operator to properly contain and clean up any spills that are a result of marina operations in a timely and diligent manner. Mitigation, compensation, and/or remediation of impacts resulting from spills, shall be required by the Department. If the marina operator does not promptly act to clean up the spill, the Department may order a cleanup, compensation, and/or remediation using whatever means are available to it and shall hold the marina operator financially responsible for all costs incurred by the State for the cleanup.

14.2.3.6.2 Sewage Spill Prevention and Containment Plan

14.2.3.6.3 Fire

14.2.3.6.4 Hurricane/Severe Weather: The hurricane/severe weather preparedness plan shall include, but not be limited to, the following:

14.2.3.6.4.1 Knowledge of local Civil Defense and State Marine Patrol hurricane/severe weather notification practices.

14.2.3.6.4.2 Preparation and distribution to boaters of a copy of marina policies, rules, and regulations regarding severe weather procedures.

14.2.3.6.4.3 Procedures to be used by vessel owners for securing and evacuating vessels in preparation for severe weather events.

14.2.3.6.4.4 Procedures to be used by marina personnel for securing/evacuating marina facilities and any unattended or derelict vessels.

14.2.3.6.5 Emergency telephone numbers.

14.2.3.7 Rules and Regulations for Marina Users (Includes full time slip renters and transient boaters) To ensure compliance with this Regulation, rules and regulations applying to boaters and governing the day-to-day operations and activities at the marina as they relate to environmental pollution shall be included in the marina O&M plan. When developing Rules and Regulations, applicants shall demonstrate consistency with this Regulation. Categories of rules and regulations that shall be addressed include, but are not limited to, the following:

14.2.3.7.1 Restrictions on overboard sewage discharge and rules on the uses of marine sanitation devices and pumpout facilities;

14.2.3.7.2 Boater responsibilities for fuel and sewage spills, clean-up costs, and reporting requirements;

14.2.3.7.3 Proper procedures for vessel fueling operations;

14.2.3.7.4 Proper disposal of waste oils;

14.2.3.7.5 Policies and procedures for removal of oil from bilges;

14.2.3.7.6 Rules pertaining tofire prevention and fire protection;

14.2.3.7.7 Policies and procedures for trash and garbage disposal;

14.2.3.7.8 Policies and procedures for vessel maintenance activities;

14.2.3.7.9 Restrictions on vessel speeds and wake conditions ifapplicable;

14.2.3.7.10 Marina user responsibilities during emergencies.

14.2.3.8 Additional Required Information for O&M Plans

14.2.3.8.1 Tidal Range - Mean high water and mean low water elevation; referenced to National Geodetic Vertical Datum (N.G.V.D.);

14.2.3.8.2 Marina Layout - The location of all property boundaries, public telephones, slips, launching ramps, piers, buildings, roadways, walks, parking areas, vessel storage facilities, extent of roof coverage, and other items deemed appropriate;

14.2.3.8.3 Water Depths - The depth of water at mean low water in all areas used for berthing, mooring, and maneuvering of vessels within the marina;

14.2.3.8.4 Capacities - the size of each berth and dry stack space, including thetotal number of each type;

14.2.3.8.5 Fueling Facilities Location and Rules - Fuel type, location, and capacity of each storage tank; location and type of each fuel pump; location of emergency cut-off valves on fuel lines and pumps;

14.2.3.8.6 Sanitation Facilities Location and Rules - Location and type of sewage pumpout and dump stations or the location of the nearest pumpout/dump station, including any dedicated pumpout locations for live-aboard vessels; locations of public restrooms; types of facilities employed at the marina for handling wastewater (i.e. sewer, septic, holding tank); cite permit numbers where applicable;

14.2.3.8.7 Numbers and types of marine sanitation devices on board vessels berthed at the marina. For proposed marinas, this information should be estimated based on anticipated vessel types and sizes.

14.2.3.8.8 Fire Protection Equipment Locations and Rules -Location, size, and capacity of each hydrant, standpipe, or other water supply source; location, type, and capacity of each portable fire extinguisher; location of any fire alarm pull stations;

14.2.3.8.9 Other Rules and Regulations - Additional rules and regulations contained in the approved O & M plan that apply to boaters using the marina.

14.3 Posting of approved plans

Copies of the Department-approved Marina Operations & Maintenance plan shall be distributed to all marina tenants (full time slip renters), and shall be posted in the harbormaster's office or other prominent place within the marina, where it shall be readily available for inspection at all times.

14.4 Water quality monitoring

Marinas may be required to perform water quality monitoring to ensure compliance with Delaware water quality regulations. The determination of whether a water quality monitoring plan is required will be based upon the ecological sensitivity of the site and evidence that water quality regulations may be violated. If monitoring is required, the Department will consider logistics and costs in determining the appropriate nature and scope of the water quality monitoring plan.

7 Del. Admin. Code § 7501-14.0