[HISTORY: Adopted by the Board of Health of the Town of Marshfield 1-8-1990. Amendments
noted where applicable.]
GENERAL REFERENCES
Boating and waterways — See Ch. 34.
In accordance with MGL c. 111, §§ 31 and 122,
MGL c. 91, §§ 59 and 59B, and MGL c. 90B, § 15,
and under every other power thereto enabling, the Marshfield Board
of Health adopted the following regulation at its regularly scheduled
meeting held January 8, 1990, to further protect the public health
and safety of the residents of the Town of Marshfield. This regulation
will apply to marina moorings or other boating facilities as defined
herein serving watercraft and/or serving boats with holding tanks.
As used in these regulations, the following terms shall have
the meanings indicated:
The duly elected members of the Board of Health in the Town
of Marshfield.
A location of safe refuge, moorage, slippage, storage or
anchorage for five or more vessels, which may supply provisions, marine
supplies, or chandlery, or at which these may be obtained, and at
which a fee may be charged for the use of these facilities and/or
services, and to include any or all wharfs, piers, pilings, dolphins,
floats, fixed or portable, or any boat facilities either private or
public used for the keeping of any vessels over five in number. This
definition shall include municipal boating facilities, piers and moorings.
See current listing of marinas/boating facilities supplied by the
Harbormaster.
A water supply of sufficient quantity and pressure that the
Board of Health or agent has determined, by requiring the water to
be tested, does not endanger the health of any potential user and
is fit for human consumption. A source shall be deemed potable which
meets, at a minimum, coliform testing. Other tests may be required,
by the Board or agent, if it is deemed necessary. The costs of all
testing will be borne by the applicant.
A.
Effective on May 1, 1990, application for permit by all marinas located
in the Town of Marshfield shall be made in writing on a form provided
by the Board of Health. Current specifications will be available after
this date. The nonrefundable fee for such permit shall be set annually.
(See permits for marinas, boating facilities, and Town pier on current
fee schedule.)
B.
An annual inspection shall be made by the Board's agent prior to
issuance of the permit. All marinas in the Town must have an annual
permit issued by the Board of Health. In order to obtain a permit
the marina, boating facility or Town pier must provide the following
where the Board or its agent determines it is applicable:
(1)
An adequate waste oil retention facility which complies with the
provisions of MGL c. 21, § 52A, and the Marshfield Board
of Health's Waste Oil Retention Facility Policy dated February 1,
1988. The retention facility is required where a marina/boating facility
performs engine repairs and is licensed to sell gasoline/oil, to include
any municipal boating facility or pier. Any storage facility shall
be permitted by the Fire Department in accordance with its established
policy and will be subject to periodic inspections to ensure continued
compliance. All state, federal and local requirements should be met.
(2)
Adequate and conveniently located toilet facilities for the use of
the occupants of the watercraft. (MGL c. 91, § 59B)
(3)
A potable supply of water.
(4)
An adequate supply of trash or garbage receptacles with covers and/or
lids with a sufficient collection schedule. Such schedule shall be
posted in a prominent location.
(5)
All marinas must have a holding tank and/or pump-out facility for the collection of sewage waste. Such holding tanks must meet all state, federal and local requirements and current specifications based on best management practices, including but not limited to MGL c. 91, §§ 59 and 59B, and Title 5 Policy Memorandum No. 89-1 and No. 87-7. The contents of the holding tank shall be disposed of in such a manner as not to be discharged into or near any waters of the municipality and shall be removed by a pumper currently licensed by the Board of Health. Disposal of sewage waste must be to an adequate approved sewage treatment facility. Documentation of proper disposal is a requirement of the permit. This subsection does not preclude more than one marina from utilizing a single pump-out facility if the marinas are located in the same general vicinity and obtain special Board of Health permission in accordance with § 630-7 of this regulation.
C.
The discharge
of oil, raw or inadequately treated fish, garbage or debris of any
sort into the waters, shores or beaches of the Town is prohibited.
D.
In 1988
the United States and Commonwealth of Massachusetts regulated the
use of antifouling paints which contain tributyltin (TBT) in accordance
with the U.S. Public Law 100-350 Stat 605 Organotin Antifouling Paint
Control Act of June 16, 1988.
(1)
Both the U.S. and commonwealth regulations prohibit the use of antifouling
paints on vessels of 25 meters (82 feet) or less. Aluminum hulled
boats are excepted.
(2)
Hosing, washing or removal of layers of paint containing TBT will
transfer it to the area around the boat and has the potential to find
its way into the aquatic environment.
(3)
To decrease this risk the Board of Health will not permit any hosing,
washing or removing paint from vessels coated with antifouling paints
containing TBT. These vessels include aluminum-hulled boats, boats
longer than 25 meters or boats whose owners/operators/servicers have
applied paints containing TBT in defiance of the U.S. and commonwealth
statutes.
E.
Houseboats
used as either a permanent or temporary residence are prohibited from
docking unless they receive prior written approval from the Board
of Health.
F.
The Board
requires the use of nonchemical, biodegradable or enzymatic products
in boat holding tanks and porta-toilets. The above is one requirement
of ultimate disposal of the effluent at the Marshfield wastewater
treatment facilities.
G.
In addition
to an annual inspection, the Board or its agent may make periodic
inspections of any marina to determine whether a pollution violation
exists.
The requirements of this regulation where deemed applicable
by the Board of Health must be met at all marinas, moorings, and boating
facilities as defined herein on or before October 1, 1990.
A.
All marinas must hold a valid permit from the Board of Health to operate in the Town of Marshfield. Permits shall be issued on or about January 1 each year. Inspections shall be made on or about October 15 through November 15 each year. Each applicant will be charged an annual nonrefundable marina/boating facility permit fee mentioned in § 630-3 which shall be paid in October for the permit period beginning the following January.
[Amended 6-12-2017]
Whoever violates the provisions of this regulation shall be
punished for the first offense by a fine of not less than $50 nor
more than $200 and for a subsequent offense by a fine of not less
than $300. For the purpose of this regulation, each day or part thereof
of any violation shall be considered a separate offense.
A.
The Board of Health may vary the application of any provision of
this regulation, by a majority vote of the Board, when in its opinion
the enforcement thereof would do manifest injustice, provided that
the decision of the Board shall not conflict with the spirit of this
regulation and will provide the same amount of environmental protection.
The applicant must request a variance, waiver or special permission
in writing on a form provided by the Board of Health.
B.
Any variance, waiver, or special permission shall be granted or denied
in writing, on this same form, and should contain a brief statement
of the reason for denial.
C.
A copy of each variance shall be kept in the Board of Health office
and available to the public during normal business hours while in
effect.
D.
A nonrefundable variance filing fee shall be charged per application.
(See marina variance filing fee on current fee schedule.)
[Amended 6-12-2017]
Any variance, waiver, special permission or permit may be revoked,
modified or suspended, in whole or part, by a majority vote of the
Board, only after the holder thereof has been notified in writing
by the Board or the Board's agent and has been given an opportunity
to be heard at a hearing.
A request for an expansion of the number of permitted boats
will be made in writing and accompanied by a nonrefundable expansion
request fee. In addition to the request a plan for increasing the
size of the pump-out facility must also be submitted by a registered
professional engineer and documentation of destination of sewage disposal.
[Amended 10-18-2021 STM by Art. 32]
If the Board, in the exercise of its discretion, deems it necessary
to hire an independent expert consultant for any issue relative to
this regulation, including but not limited to plan review, engineering
information, determination of environmental impacts, and interpretation
of data, the entire fee for the consultant will be paid for by the
applicant. The mutually agreed upon consultant will be hired by the
Marshfield Board of Health. The applicant will pay the fee to the
Board of Health, which in turn will pay the consultant. If requested,
the consultant may qualify as a special employee of the Town by a
vote of the Select Board. The consultant's fee shall not exceed the
prevailing rate for such service in the metropolitan Boston area.
If any provision of this regulation is declared unlawful by
a valid judgment or decree of any court of competent jurisdiction,
such invalidity shall not affect any of the remaining provisions of
this regulation. This regulation shall take effect upon publication
in a newspaper of general circulation in the Town of Marshfield and
shall be filed with the Department of Environmental Protection, Division
of Water Pollution Control, in Boston and Lakeville.
