TITLE 312 NATURAL RESOURCES COMMISSION
Final Rule
LSA Document #07-646(F)
DIGEST
Amends
312 IAC 6-2-6,
312 IAC 8-2-13, and
312 IAC 11-2-12, which define "marina" on navigable waters, lakes on DNR properties, and public freshwater lakes, to remove parallel provisions that state a structure with docks would qualify. Effective 30 days after filing with the Publisher.
Authority:
IC 14-10-2-4;
IC 14-29-1-8
Sec. 6. "Marina" means a structure that:
(1) can service simultaneously at least five (5) watercraft; and
(2) provides, for a fee, one (1) or more of the following:
(A) Watercraft engine fuel.
(B) Docks.
(C) (B) Watercraft repair.
(D) (C) Watercraft sales or rental.
312 IAC 8-2-13 Marinas and wastewater holding facilities for watercraft
Authority:
IC 14-10-2-4;
IC 14-11-2-1
Sec. 13. (a) As used in this section, "marina" means a structure that:
(1) services simultaneously at least five (5) watercraft; and
(2) provides, for a fee, one (1) or more of the following:
(A) Watercraft engine fuel.
(B) Docks.
(C) (B) Watercraft repair.
(D) (C) Watercraft 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 to
(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 watercraft 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.
Authority:
IC 14-10-2-4;
IC 14-15-7-3;
IC 14-26-2-23
Sec. 12. "Marina" means a structure that:
(1) can service simultaneously at least five (5) watercraft; and
(2) provides, for a fee, one (1) or more of the following:
(A) Watercraft engine fuel.
(B) Docks.
(C) (B) Watercraft repair.
(D) (C) Watercraft sales or rental.
Hearing Held: February 20, 2008
Approved by Attorney General: April 18, 2008
Approved by Governor: April 24, 2008
Filed with Publisher: April 24, 2008, 1:44 p.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: James Hebenstreit, Division of Water, Department of Natural Resources, Indiana Government Center-South, 402 West Washington Street, Room W264, Indianapolis, IN 46204-2640, (317) 232-4160, jhebenstreit@dnr.in.gov
Posted: 05/21/2008 by Legislative Services Agency
DIN: 20080521-IR-312070646FRA
Composed: May 01,2024 8:18:35PM EDT
A
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