SENATE, No. 1722
STATE OF NEW JERSEY
INTRODUCED DECEMBER 16, 1996
By Senators CIESLA and CAFIERO
An Act concerning watercraft sewage disposal and supplementing P.L.1977, c.74 (C.58:10A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Every municipal treatment works servicing an area of this State in which a marine sewage pumpout device is in operation, shall, upon application by the owner or operator of a pumpout device within the service area, accept for treatment the sewage waste from the pumpout device either by direct discharge into a treatment works or by tank transfer. The municipal treatment works may not charge any review, registration, connection or other similar fees as a condition of accepting or treating this waste but may charge a service fee for the treatment of the sewage which may be imposed at a rate not to exceed the rate paid by residential users of the treatment works for sewage waste treatment. The provisions of this section shall apply to any marine sewage pumpout device that is used for the collection of watercraft sewage only and not for vessel bilge or oily waste.
2. a. The owner or operator of any municipal treatment works that accepts sewage from a marine sewage pumpout device pursuant to section 1 of P.L. , c. (C. )(now before the Legislature as this bill), is entitled to an affirmative defense to liability for a penalty imposed pursuant to section 10 of P.L.1977, c.74 (C.58:10A-10) or section 6 of P.L.1990, c.28 (C.58:10A-10.1), for a violation of an effluent limitation occurring as a result of the introduction of this sewage into its treatment works. A person asserting an affirmative defense pursuant to this section shall notify the Department of Environmental Protection within 5 days of the occurrence of the violation or of becoming aware of the occurrence of the violation. The notice shall consist of written documentation, including properly signed, contemporaneous operating logs, or other relevant evidence, on the circumstances of the violation, and demonstrating, as applicable, that:
(1) the violation occurred and the violation was the result of the introduction of sewage from a marine sewage pumpout device, and providing the date of the introduction of the sewage, the name of the person who discharged the sewage and the type and quantity of the sewage introduced into the treatment works;
(2) the municipal treatment works was being properly operated at the time of the occurrance of the violation; and
(3) the municipal treatment works complied with any remedial measures required by the department.
b. Nothing contained in this section shall be construed to limit the requirement to comply with the provisions of paragraph (8) of subsection f. of section 6 of P.L.1977, c.74 (C.58:10A-6).
c. A determination by the department that the affirmative defense does not apply shall be considered final agency action on the matter for the purposes of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and shall be subject only to review by a court of competent jurisdiction.
d. An assertion of an affirmative defense pursuant to section 1 of P.L. , c. (C. )(now before the Legislature as this bill) may not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
e. If the department determines, pursuant to the provisions of this section, that a violation of an effluent limitation was caused by the introduction of sewage from a marine sewage pumpout device, the commissioner shall waive any penalties that would have been imposed on the violator pursuant to section 10 of P.L.1977, c.74 (C.58:10A-10) or section 6 of P.L.1990, c.28 (C.58:10A-10.1), and the violation shall not be considered a serious violation or a violation causing a person to be designated a significant noncomplier.
3. This act shall take effect immediately.
STATEMENT
The discharge of sewage from small vessels into our coastal waters has been, and continues to be, a significant threat to our fragile coastal environment and to the millions of people who recreate themselves in our waters. It was for these reasons that the Legislature adopted a law in 1988 to prohibit the discharge of these wastes into our coastal waters and to require the Department of Environmental Protection perform a study to determine the need for vessel sewage pumpout facilities. As a result of that study, the Legislature also established a grant program for the construction of these facilities.
Sewage pumpout devices, usually located at marinas, allow vessels to pump out the sewage from their vessels directly into a wastewater facility or into a holding tank for eventual discharge into a wastewater facility. The sewage would then be properly treated.
Despite the need urgent need for these facilities and the provision of the grant money, certain wastewater treatment plants have been either reluctant to accept this waste or have attempted to extract exorbitant and unnecessary fees in order to accept and treat the waste. This reluctance to accept the waste has come about despite the clear scientific evidence that these wastes can be and are safely treated by wastewater treatment plants.
This bill would solve this dilemma by requiring wastewater treatment plants to accept and treat the sewage waste from marine sewage pumpout facilities. The sewage waste may enter the treatment works either by a direct connection or by tank delivery.
This bill also provides an affirmative defense to penalty liability for the owner or operator of a wastewater treatment facility who violates a discharge permit because of the introduction of marine sewage into its system. Because the amount and type of sewage waste from a pumpout device should be easily treated in a wastewater treatment facility, no such violations are expected to occur.
Requires municipal treatment works to treat marine waste from pumpout stations and provides an affirmative defense from penalties.