(a) Marina owners/operators for marinas that are located in whole or in part on tidal waters of the State, and that provide dockage for vessels with a portable toilet or toilets or Type III marine sanitation device or devices (MSD), shall provide convenient access, as determined by the Department, to an approved, fully operable and well maintained pumpout facility or facilities and/or dump station or stations for the removal of sewage from said vessels to a Department approved sewage disposal system.
(b) (1) Owners/operators may agree to pool resources for a single pumpout dump station with Departmental approval based on criteria of number and class of vessels, marina locations, cost per pumpout use, and ultimate method of sewage treatment and disposal (i.e. septic system or waste water treatment facility).
(2) The owner/operator of any boat docking facility that is located in whole or in part on tidal waters of the State, and that provides dockage for a live-aboard vessel or vessels with a Type III marine sanitation device or devices, shall install and maintain at all times, in a fully operable condition, an approved dedicated pumpout facility at each live-aboard vessel slip for the purpose of removing sewage from the live-abroad vessel on a continuous or automatic, intermittent basis to a Department approved sewage disposal system.
(3) Any discharge, by any means, of untreated or inadequately treated vessel sewage into or upon the waters of any marina, boat docking facility or tidal water of the State is prohibited.
(4) All vessels while on waters of the State shall comply with 33 U.S.C. § 1322, as amended February 4, 1987.
(5) The Secretary shall have authority to adopt reasonable rules and regulations to implement this section.
Structure Delaware Code
Chapter 60. ENVIRONMENTAL CONTROL
Subchapter II. Powers and Duties of Secretary and Department
§ 6004. Permit — Application; hearing; extension.
§ 6005. Enforcement; civil and administrative penalties; expenses.
§ 6007. Establishment of Environmental Appeals Board.
§ 6009. Appeal from the Board's decision.
§ 6010. Rules and regulations; plans.
§ 6012. Temporary emergency variances.
§ 6014. Regulatory and compliance information, facility performance and public information.
§ 6015. Interference with Department personnel.
§ 6016. Departmental investigations; witnesses; oaths; attendance.
§ 6017. Sealing noncomplying equipment.
§ 6018. Cease and desist order.
§ 6021. Federal aid; other funds.
§ 6022. Temporary limits and procedures for hazardous operations.
§ 6028. Report of discharge of pollutant or air contaminant.
§ 6029. Limitations on scope of chapter.
§ 6030. Approval of water use.
§ 6031. Obligation of recipients of water allocations.
§ 6034. Sewage system cleansers and additives.
§ 6035. Vessel sewage discharge.
§ 6036. Projects of state significance.
§ 6037. Obligation of persons who contaminate drinking water supplies.
§ 6039. Debris disposal area remediation.
§ 6040. Requirement for scrap tire piles; enforcement.
§ 6041. Scrap Tire Management Fund.
§ 6042. Civil and administrative penalties; Community Environmental Project Fund.