Town of Fairhaven, MA
Bristol County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Town of Fairhaven 5-5-1990 (Ch. XV of the 1979 Regulations). Amendments noted where applicable.]
GENERAL REFERENCES
Harbor pollution control — See Ch. 132.
Union Wharf — See Ch. 225.
All boat pump-out haulers must be licensed annually by the Board of Health. The boat pump-out hauler's license shall be entitled "portable sanitation cleaner/hauler" license.
Portable sanitation cleaner/haulers shall have:
A. 
Watertight, leakproof tanks.
B. 
Suction or pressure hoses in good repair.
C. 
Pumps well maintained to prevent the leakage of septage.
D. 
Drain valves with safety locks.
E. 
Required tools for proper pumping which shall be kept clean and in good repair.
F. 
A means to collect a sample for testing.
G. 
Containment booms to contain spills within a confined area.
H. 
Any other equipment deemed necessary by other local and state governing authorities.
All material shall be disposed of at approved treatment facilities. All rules and regulations of the treatment facility shall be complied with by the licensed portable sanitation cleaner/hauler.
A monthly written report of all boats serviced will be submitted to the Board of Health office. Data required shall be marina, date and boats pumped.
The licensed portable sanitation cleaner/hauler shall transport all material in a manner that will not create a nuisance or health hazard.
The Board of Health shall inspect all licensed portable sanitation cleaner/hauler annually prior to issuance of the license.
There shall be a fee for the issuance of a portable sanitation cleaner/hauler license which shall be set by the Board of Health.
Failure to comply with these requirements will result in revocation of the license and fines by the Board of Health. Violation of this Part 1 shall be subject to Chapter 401, General Provisions, § 401-1, Violations and penalties.
The invalidity of any portion of this Part 1 shall not invalidate any other portion, provision or section thereof.
This Part 1 is enforced to ensure the public health, safety and welfare by proper pumping and transportation of boat pump-out septage.
A. 
No vessel may discharge sanitary wastes into Fairhaven waters. Approved sanitation devices or holding tanks must be used.
B. 
No person may discharge oil, spirits, flammable liquids or contaminated bilge wastes into Fairhaven waters. Approved pollution control devices are required in all bilges.
C. 
No person may dispose of kitchen wastes, garbage, litter or other refuse into Fairhaven waters.
All marinas where 10 or more slips are available for boat docking must have boat pump-out facilities on their property or must be contracted on an annual basis with a Fairhaven licensed portable cleaner/hauler which will service the contracted marina on a frequent and regular basis. A copy of said contract, with a route frequency statement, must be forwarded annually to the Board of Health office.
All marinas where 10 or more slips are available for boat docking must annually supply the Board of Health with a list of long-term, seasonal slip renters. The information must contain renters' name, address and boat registration number. Said list shall be presented to the Board of Health prior to issuance of the annual marina license by the Board of Health.
It is the responsibility of the licensed marina to ensure the above regulations are effectively complied with. Failure to comply may result in marina license revocation and fines by the Board of Health.
Nonconforming vessels shall not be allowed to remain in Fairhaven waters, and continued noncompliance while in Fairhaven waters shall be subject to fines by the Board of Health.
The Board of Health or its designated agent will have full power of the Board in investigation and enforcement of this Part 2.
Violators of this Part 2 shall be subject to Chapter 401, General Provisions, § 401-1, Violations and penalties.
The invalidity of any portion or provision of this Part 2 shall not invalidate any other portion, provision or section thereof.
The purpose of this Part 2 is to ensure proper enforcement and investigation of Chapter 132, Harbor Pollution Control, § 132-6, amendment adopted at Town Meeting May 5, 1990.