312 IAC 8-2-13 Marinas and wastewater holding facilities for boats

Sec. 13. (a) As used in this section, "marina" means a structure that: (1) services simultaneously at least five (5) boats; and (2) provides, for a fee, one (1) or more of the following: (A) Boat engine fuel. (B) Boat repair. (C) Boat sales or rental. (b) Except as provided in subsection (d), a person must not operate a marina unless the person provides a pumpout that is in good working order and readily accessible to patrons of the marina and secures and maintains one (1) of the following: (1) A license under 327 IAC 3-2 for the construction and operation of a wastewater treatment facility or sanitary sewer. (2) A license under 410 IAC 6-10 for the construction of a commercial on-site wastewater disposal facility. (3) An alternative written approval for wastewater disposal from an authorized governmental agency. (c) The requirements of subsection (b) shall be made a condition for a license issued by the department to: (1) construct a new marina; or (2) modify an existing marina. (d) A person may apply to the division of law enforcement for an exemption from subsection (b). The exemption shall be granted, for a period not to exceed five (5) years, where the person demonstrates either of the following: (1) The marina is designed to serve exclusively boats that are neither required nor likely to be equipped with a marine sanitation device. (2) The operator of the marina has entered a binding agreement with another marina or similar facility along the waterway to provide pumpout services where the other marina or similar facility: (A) maintains a lawful pumpout as described in subsection (b); (B) is in proximity to the marina seeking the exemption so patrons to be served at a pumpout, which would otherwise be required at the exempted marina, would not be significantly inconvenienced; and (C) has sufficient pumpout capacity and accessibility to effectively serve the patrons of both parties to the agreement.