Important Information for Owners and Operators of Marinas, Yacht Clubs, Boatyards, Boat Repair and Maintenance Facilities or other Facilities Engaged in Vessel Bottom Pressure Washing Activities
Background and Summary
Consent Order Regarding Vessel Pressure Washing Wastewater (PDF)
Exhibit A of Consent Order – Respondent Signatory Page (PDF)
Attachment A to Consent Order – BMPs from 2002 Clean Marina Guidebook (PDF)
How to Sign onto the Consent Order
Consent Order Reporting and Certification Form (Word / PDF)
Further Information
Useful Links
Background and Summary
Since May of 2006, the Connecticut Department of Environmental Protection ("CTDEP") and the Connecticut Marine Trades Association ("CMTA") have been working cooperatively to provide education, outreach and technical assistance to facility owners and operators that engage in vessel bottom pressure washing activities to ensure that the wastewaters generated from these activities are managed in an environmentally sound manner in compliance with state and federal environmental laws.
Given the difficulties in moving an industry from long-standing practices to regulatory compliance, along with the need for the industry to explore and implement environmentally appropriate treatment and disposal measures, the Commissioner of Environmental Protection advised the regulated community that in general, until September 30, 2009, the CTDEP would exercise enforcement discretion and not pursue enforcement actions for unauthorized discharges of vessel bottom pressure washing wastewaters.
In May of 2009, the CTDEP and CMTA negotiated a resolution that provides additional time for facility owners and operators to come into compliance with existing state and federal requirements for the management of wastewaters generated from vessel bottom pressure washing activities. The resolution extends the compliance deadline from September 30, 2009 to December 31, 2010. A facility owner/operator will be provided the extension only if they sign onto and abide by the terms and conditions of the Consent Order developed cooperatively by the CTDEP and CMTA. Below is a summary of the terms and conditions of the Consent Order:
On or before July 31, 2009: Implement the Best Management Practices ("BMPs") set forth in the 2002 Clean Marina Guidebook for the interim management of vessel bottom pressure washing wastewater to prevent or minimize wastewaters with a visible discoloration or plume from discharging into surface waters, commingling with stormwater, or otherwise resulting in observable adverse surface water quality impacts, such as a fish kill.
On or before September 30, 2009: Prepare and complete plans and specifications for the design, construction, installation, operation and maintenance of any measures for the containment, collection, treatment, storage, discharge and/or hauling of vessel pressure washing wastewaters in accordance with Connecticut General Statutes ("CGS") Sections 22a-430, 22a-430b, 22a-454, and any other applicable requirements. Examples of systems which may comply with these statutory provisions include but are not limited to:
- collection and physical/chemical treatment of the wastewater followed by a piped discharge to a municipal sewage treatment plant in compliance with the terms of the General Permit for Miscellaneous Discharges of Sewer Compatible Wastewater ("MISC General Permit") and regulations of the municipal water pollution control authority;
- collection and physical/chemical treatment of the wastewater followed by transportation by the marina operator, or by a contract hauler licensed under CGS Section 22a-454 for discharge to a municipal sewage treatment plant in compliance with the terms of the MISC General Permit and regulations of the municipal water pollution control authority;
- collection and physical/chemical/thermal treatment of the wastewater followed by removal and transportation of any resulting solid waste to a permitted waste disposal facility;
- collection of the wastewater in a tank followed by transportation by a contract hauler licensed under CGS Section 22a-454 for discharge to a licensed industrial wastewater treatment facility or treatment, storage and disposal facility.
On or before October 31, 2009: File all required applications for local permits, licenses or approvals and applications for a CTDEP permit or certificate of permission under CGS Section 22a-32, 22a-361, or 22a-363b, as applicable.
On or before March 31, 2010: Obtain all required local and CTDEP permits/certificates of permission.
On or before April 30, 2010: If required, file the MISC General Permit registration application for discharge/hauling to the sanitary sewer.
On or before April 30, 2010: Submit a written report, using the Form provided by the Commissioner: (1) describing estimated timeframes for initiation and completion of any necessary measures; (2) certifying that the BMPs for the interim management of vessel bottom pressure washing wastewaters have been and will continue to be implemented until all measures have been implemented and are in use; and (3) certifying that the required actions set forth above have been completed on or before the specified timeframe(s), with any explanations for actions not completed within the specified timeframe(s) due to inability to pay and/or circumstances beyond your control (i.e., local or CTDEP permit/certificate of permission not issued).
NOTE: Any assertion of an inability to pay is subject to verification by CTDEP. Any Facility owner/operator making the April 30, 2010 assertion of inability to pay understands and agrees to provide financial information upon the DEP's written request, including but not limited to, copies of income tax filings and other financial information prepared by a certified public accountant.
On or before December 31, 2010: Cease all vessel pressure washing wastewater discharges to the waters of the state which do not have a permit issued pursuant to Connecticut General Statutes Section 22a-430 or 22a-430b.
On or before December 31, 2010: Submit a written report, using the Form provided by the Commissioner: (1) certifying that the required actions have been completed on or before the specified timeframe(s); or (2) certifying that all vessel pressure washing discharges which do not have a permit have ceased, and no such discharge shall be initiated unless such permit(s) have been obtained.
NOTE: Facility owners/operators not electing to sign onto, or abide by, the terms and conditions of the Consent Order will, on September 30, 2009, be subject to the CT DEP’s full enforcement authority, including penalties.
This Consent Order is a legally binding document and should be reviewed carefully before signing to ensure that the individual signing understands the terms and conditions set forth in the Consent Order.
How to Sign onto the Consent Order
Step 1: Download and Print Copy of Exhibit A.
Step 2: The Facility Owner/Operator must carefully read, complete and sign Exhibit A. The Facility name and signatory to the Consent Order must be the same name and signatory recorded with the Connecticut Secretary of the State. The Consent Order must be signed by one of the following individuals:
- For a Corporation, the responsible corporate officer, such as the president, secretary, treasurer or other responsible corporate officer.
- For a Limited Liability Company, the manager.
- For a Limited Partnership or General Partnership, the general partner.
- For a municipality, by either the principal executive officer or ranking elected official.
- For an individual or other business not listed above, the owner of the business.
Step 3: Submit an original, signed copy of Exhibit A to:
Attn: Mr. Edward Finger
Environmental Analyst 3
Water Permitting and Enforcement Division
CT Department of Environmental Protection
79 Elm Street
Hartford, CT 06106-5127
SUBMISSION DEADLINE: An original, signed copy of Exhibit A MUST be RECEIVED at the CTDEP Hartford Office at the above address on or before 4:30 p.m., Tuesday, September 15, 2009. There will be no exceptions.
Step 4: CTDEP will process your Consent Order, Assign a Consent Order Identification Number ("WC____"), and mail you a copy of your issued Consent Order, with Exhibit A attached, for your records.
In accordance with State law, a copy of the Consent Order will be filed in the land records of the town where your facility is located. After all requirements of the Consent Order have been noted by CTDEP to be in compliance, CTDEP will file a Certificate of Compliance on the land records noting that the terms and conditions of the Consent Order have been fully satisfied.
For Further Information
For further information, please contact Edward Finger by telephone at (860) 424-3817 or by email at Edward.Finger@ct.gov .
Useful Links
Connecticut's Clean Marina Program
CT DEP Permits and Licenses Page
Connecticut Secretary of the State Online Business Information (C.O.N.C.O.R.D.)
List of Connecticut Permitted Waste Transporters
List of Connecticut Publicly Owned Treatment Works (POTWs) Approved to Accept Transported, Non-domestic Wastewaters
Content Last Updated July 2, 2009
