New EPA Rules for Marinas in RI [Archive] - Striper Talk Striped Bass Fishing, Surfcasting, Boating

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05-10-2007, 07:05 AM

Navigating new rules

01:00 AM EDT on Wednesday, May 9, 2007

By Peter B. Lord

Journal Environment Writer

When a crew at Point Judith Marina power-washed the bottom of a 50-foot boat last week, they also turned on a pump that collected everything that washed off the boat’s blue bottom and ran it through a filter similar to what many people use on their kitchen faucets.

Jason Thompson paints the bottom of a boat the Point Judith Marina in South Kingstown. Below, Bernie Kiernan, of West Warwick, scrapes the last drops out of a $200 can of boat paint. He was helping out a longtime friend at the East Greenwich Yacht Club.

The Providence Journal / Frieda Squires Frieda Squires

None of the wastewater seeped into nearby Point Judith Pond. After it was filtered, the remaining water was set aside for use on the next boat.

Around the corner, the marina owner put a padlock on his Dumpster. If boat owners want to sand and paint their boats, they have to use vacuums and tarps. And when they are done, they will have to pack up their dirty brushes, masking tape and pails and take them home for disposal.

Just to be sure the customers understand the many changes this year, each one is asked to sign a 22-point memo outlining stringent new work conditions. Each memo bears a warning that violators could be fined $200.

Across Rhode Island, the owners of tens of thousands of boats who are preparing for the spring ritual of sanding, painting and cleaning their boats at marinas are being surprised with letters and contracts advising them of strict new reforms to the pre-launching routines.

For years, the owners of some 300 marinas in Rhode Island have been upgrading their environmental and safety standards through voluntary compliance with best management practices trade manuals and state and federal regulatory programs.

But last year the U.S. Environmental Protection Agency in New England decided to launch inspections and penalties. The fines the agency announced last July did not make big news, but they seared through the boating industry. The EPA said it was seeking up to $32,500 per day for hazardous waste violations and up to $137,500 for Clean Water Act violations at Conanicut Marine Services on Jamestown. It reached agreement with New England Boatworks Inc. in Portsmouth on a $52,300 fine for high concentrations of lead in the soiland failure to develop plans for preventing stormwater pollution and fuel spills. It also imposed $3,000 penalties for Promet Marine Services in Providenceand Alden Yachts in Portsmouth, for failing to prepare oil spill prevention plans.

The EPA has worked for several years to improve environmental practices at marinas throughout New England, according to spokeswoman Sheryl Rosner. It launched the enforcement actions, she said, because without them, the new standards “wouldn’t have any teeth.”

“We can’t be everywhere all the time,” she said, “so we target some companies.”

About 44,000 boats are registered in Rhode Island and an estimated 20,000 additional boats are brought in from out of state. The EPA has used similar methods on other industries.

In the 1980s, the EPA threatened some of Rhode Island’s bigger electroplaters — sources of major heavy metal pollution of Narragansett Bay — with multimillion dollar fines. Some small companies closed down rather than invest in equipment to remove metals from their wastes. But several years later, the EPA said 90 percent of the industry was in compliance and the flow of metals into the Bay had decreased tenfold.

More recently, the EPA launched similar campaigns against auto body shops, university laboratories and public works garages.

Now it is focusing on marinas, which produce water pollutants ranging from the oil and gas in boat engines to biocides in anti-fouling paints used on boat hulls.

But there is one big difference. For marinas, it is not enough to train their own employees. Marinas can get into big trouble if their customers, the boat owners, mishandle paint, oil or sanding debris.

“There’s an interesting dynamic with marinas,” says Rosner. “They are ultimately responsible for the boat owners, who are their guests. I think it’s up to the marinas to communicate.”

They are trying to do just that.

Casey’s Boat Hauling and Storage in Newport recently mailed a notice to its customers and subcontractors listing 11 changes in work rules. It warns, “Please understand that although these new rules may be an inconvenience, not following them will be very expensive for those who don’t. The fines are in the HUNDREDS OF THOUSANDS.”

Brewer Cove Haven Marina in Barrington mailed a two-page letter to its customers last month that didn’t mention potential fines but did stress, “We have some important issues that need to be addressed.”

Point Judith Marina went a step further and mailed its customers a 22-item listing of “Best Management Practices.” The marina requires its customers to sign and date the practices before working on their boats.

“Essentially, the marinas are running scared,” said Don Vivenzio, the owner of Point Judith Marina. It’s fine to have laws to prevent pollution, he said, but not to come down with such huge fines.

He said he spent $25,000 last year to get in compliance with the rules, yet still feels like “we’re standing in front of a shotgun.”
Digital Extra

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Extra: Read last summer's series about boating in the Ocean State

One of the ironies, he said, is that if boat owners take their paint cans home, they can discard them with household garbage. But if the marina collects them, they are considered a hazardous waste.

The day marina workers were power-washing one boat, Anne Skorupski, the office manager and dock master, rushed out to check on a young man who was hosing down the upper deck of his vessel.

When she returned, she said she had to make sure he was aware of the new rules, and that he was using biodegradable cleaning materials.

“We’ve worked so hard with our staff, but now we have to work with our customers,” said Skorupski.

She pointed to a row of binders that outlined plans and regulations for hazardous wastes, storm water runoff, fires, hurricanes, pool safety, spill controls and water pollution.

“We have to know all of this,” she said.

Out back, a locked shed contains tanks and barrels prominently labeled for used oil, used antifreeze, empty aerosol cans and oily rags. Another area is set aside for gasoline filters.

The marina has found contractors who will pick up all the materials above. But it can’t find anyone interested in empty paint cans, so it instructs its customers to take them home.

Despite all those efforts, Skorupski said the staff arrived at work on a Monday morning and found a big pail of used oil left in front of the locked shed.

What happens, she said, if an EPA inspector shows up at the same time?

The Rhode Island Marine Trades Association, which represents the boat yards, has complained to the state’s congressional delegation about the severity of the fines. Last week some testified before an ombudsman of the U.S. Small Business Administration.

This week, several members are visiting the delegation in Washington, D.C. Michael Keyworth, general manager of the Brewer marina in Barrington and legislative chairman of the trade association, said they are asking for federal money to be set aside to help the marinas equip to meet the new standards.

His company operates 21 marinas, so the costs are high.

Keyworth said the trade group met with EPA Regional Director Robert Varney last year and argued the marinas have been the good guys. They supported the state’s no discharge zones. They recycled 94,000 pounds of shrink wrap last year. They sponsored workshops for local marinas.

Keyworth said Varney responded that the marinas weren’t doing enough. “This is all a pain in the neck,” Keyworth said. “But we’ve got to do it.”

For more information on the federal and state marina programs, go to:

http://www.epa.gov/region1/marinas/index.html

http://www.epa.gov/region1/marinas/pdfs/MarinaEMPJuly05.pdf

http://www.crmc.ri.gov/projects/cleanmarinas.html

plord@projo.com