Sec. 15-172. Provision of pump-out facilities.
Sec. 15-172. Provision of pump-out facilities. (a) The commissioner may require
any docking facility constructed with or expanded to one hundred fifty slips or more
on or after October 1, 1990, and may, on or after the effective date of regulations adopted
pursuant to section 15-174, order any docking facility in a no discharge zone with one
hundred fifty slips or more or, if no docking facility has one hundred fifty slips, the
docking facility with the greatest number of slips to (1) provide and operate pump-out
facilities on the premises for marine sanitation device holding tanks or (2) have a valid
contract for the use of a reasonably proximate pump-out facility. Nothing in this section
shall be deemed to affect the authority of the commissioner under any other law.
(b) Prior to taking action pursuant to subsection (a) of this section with respect to
any docking facility, the commissioner shall consider relevant facts and circumstances
including but not limited to, the following: The size, type and number of vessels the
docking facility can accommodate; the proximity and availability of other pump-out
facilities off the premises; the location of the docking facility; the depth of the waters
and general hydrological character of the area; the present and potential use of the area
by vessels; recreational uses of the area; marine life of the area including, but not limited
to, finfish, shellfish and wildlife; and water quality standards and criteria.
(P.A. 90-173, S. 3.)