Terms used in this part shall have the following meaning:
Clean Vessel Act or Act. The Clean Vessel Act (Pub. L. 102-587, subtitle F).
Coastal State. A State of the United States in, or bordering on, the Atlantic,
Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or one or more
of the Great Lakes. The term also includes Puerto Rico, the Virgin Islands,
Guam, and the Commonwealth of the Northern Mariana Islands. The term excludes
Alaska and American Samoa because these States have a ratio of the number of
recreational vessels in the State numbered under chapter 123 of title 46, United
States Code, to number of miles of shoreline (as that term is defined in §
926.2(d) of title 15, Code of Federal Regulations, as in effect on January 1,
1991), of less than one.
Coastal waters. In the Great Lakes area, the waters within the territorial
jurisdiction of the United States consisting of the Great lakes, their
connecting waters, harbors, roadsteads, and estuary-type areas such as bays,
shallows, and marshes. In other areas, those waters, adjacent to the shorelines,
which contain a measurable percentage of sea water, including sounds, bays,
lagoons, bayous, ponds, and estuaries.
Coastal zone. Coastal zone has the same meaning that the term has in section
304(1) of the Coastal Zone Management Act of 1992 (16 U.S.C. 1453(1)). The
coastal zone consists of coastal waters (including the lands therein and
thereunder) and the adjacent shorelands, including islands, transitional and
intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in
Great Lakes waters, to the international boundary between the United States and
Canada and, in other areas, seaward to the outer limit of the United States
territorial sea. The zone extends inland from the shorelines only to the extent
necessary to control shorelands and protect coastal waters.
Construction. Activities which produce new capital improvements and increase the
value of usefulness of existing property.
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Dump station. A facility specifically designed to receive sewage from portable
toilets carried on vessels. Dump stations do not include lavatories or
restrooms.
Education/information. The education/information program, as identified in the
technical guidelines as published in the Federal Register, designed to make
recreational boaters aware of the environmental pollution problem resulting from
sewage discharges from vessels and inform them of the location of pumpout and
dump stations.
Eligible applicant. An agency of a State designated by the Governor.
Equitable fees. The maximum charge per pumpout is $5.00. Price modifications and
discounts are subject to State/Federal laws concerning pricing.
Facility. A pumpout station or dump station.
Facility open to the public. (1) A Clean Vessel Act facility that is open and
available to the public is one where the public has full and reasonable access
to the pumpout/dump station, including:
(i) Provision of signage visible from the water to direct boaters to
pumpout/dump stations;
(ii) Location of pumpouts to facilitate ease of use by all boats typical to that
particular marina;
(iii) Equitable fees; and
(iv) Reasonable open periods.
(2) To be eligible for funding under this program, both public and private
facilities must be open to the public.
Grant. An award of financial assistance, including cooperative agreements, in
the form of money, or property in lieu of money, by the Federal Government to an
eligible grantee.
Inland State. A State which is not a coastal State. The District of Columbia,
American Samoa and Alaska are included as inland States (Rationale for Samoa and
Alaska being inland States can be found in § 85.11(b) above).
Maintenance. 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
non-routine cyclical maintenance to keep facilities fully functional.
Operation. Those activities necessary for the functioning of a facility to
produce desired results. These are activities that make the facility work.
Plans. Those plans 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.
Private facilities. Private facilities include those operated by the following:
(1) For profit or non-profit private marinas, docks, etc.;
(2) For profit or non-profit concessionaires, whether they are leased or private
facilities, on public lands; or
(3) Yacht or boating clubs, whether they are open to the public or members-only
facilities.
Public facilities. Public facilities include municipal, county, port authority,
State and Federal marinas, docks, etc., operated by those agencies.
Pumpout station. A facility that pumps or receives sewage from a type III marine
sanitation device (holding tank) installed on board vessels.
Reasonable open periods. This part does not specify hours, days and seasons,
however, some suggested examples, provided no other factors are involved, are
presented:
(1) Pumpout/dump stations may be open during the same period the fuel docks are
normally open.
(2) Pumpout stations may be open when the marina is open and staff is present to
pump out boats.
(3) Pumpout/dump stations may be open during the hours considered to be normal
marina business hours as adjusted by seasonal differences.
Recreational vessel. 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. Major rehabilitation of a facility to restore it to its original
intended purpose.
Surveys. Those surveys identified in the technical guidelines as published in
the Federal Register. Surveys are designed to determine the number and location
of all operational pumpout and dump stations at public and private marinas,
mooring areas, docks, and other boating access facilities within the coastal
zone. Surveys also are designed to determine the number of recreational vessels
in coastal waters with holding tanks or portable toilets, and the areas of
coastal waters where those vessels congregate.
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2013-10-01636
Type III marine sanitation device (holding tank). Any equipment for installation
on board a vessel which is specifically designed to receive, retain, and
discharge sewage.
[59 FR 11206, Mar. 10, 1994, as amended at 62 FR 45348, Aug. 27, 1997]
