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Discharge Ordinance

The Harbor Patrols offers for following excerpt from the City of Avalon Municipal Code relating to the discharge ordinance:

SEC. 10‑2.503 CONTAMINATING WATERS AND BEACHES
(a) It shall be unlawful for any person to throw, dis­charge, deposit, or leave, or cause, suffer, or procure to be thrown, discharged, deposited, or left either from or out of any vessel or holding tank, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any description into the navigable waters of the City.

(b) It shall be unlawful for any person to discharge, or cause, suffer, or procure to be discharged or deposited, material of any kind in any place or on any banks of any navigable waters in the City where such discharged material shall be liable to be washed into the waters of the City either by ordinary or high tides, or by storms, floods, or otherwise.

(c) It shall be unlawful for any person to throw, place, or leave any dead animal or putrefying matter into the waters of the City or along the shore thereof.

(d) If shall be unlawful for any person to deposit, place throw or in any manner dispose of any cans, receptacles, bottles, papers, food, animal or vegetable matter, rubbish, trash, gar­bage, or any decaying or putrid matter, material, or substance which might decay, or which might become injurious to health or which might become a nuisance or offensive to the senses of any person coming in proximity thereto into the waters of the Pacific Ocean or into the Bay of Avalon or upon the beaches of the City, or any portion thereof.

(e) It shall be unlawful for any person owning, managing, controlling, operating, navigating or otherwise handling any boat, vessel, ship, or barge to discharge, or cause to be dis­charged, any ballast water, bilge water or waste water continuing or contaminated with any crude petroleum, refined petroleum, engine oil, or oily byproduct within the waters of the City unless such ballast water, bilge water or waste water is dis­charged into suitable and adequate settling basins, tanks or other receptacles.

(f) It shall be unlawful for any person to throw, place, bury, or deposit upon any public or private beach in the City any glass, glassware, crockery, or any bottle, cup, container, plate, or other vessel made of glass, glassware, or crockery, or any other material or substance which would cause, or might reasonably be presumed to cause, injury to patrons of such beaches. None of such materials shall be left on the beach by any person, but the same shall be deposited in receptacles provided by the City for the deposit thereof or shall otherwise be removed from the beach by the owner of such materials.

(g) The unauthorized dumping of any kind of material into the waterway, or the throwing overboard, or setting adrift, or permitting to set adrift of anything that is, or might become, obstructive or dangerous to navigation is hereby expressly pro­hibited.

(h) In order to enforce the provisions of this section and to safeguard and protect City waters from contamination, the owner and/or other person in charge of any boat or vessel enter­ing City waters shall, as a condition of entering and/or remain­ing the City waters, allow City personnel to board the vessel and place dye tablets into the vessel's marine sanitary device, and to perform a test or tests to ensure that the marine sanitary device is in such a condition as to prevent any contaminants from being discharged into City waters. It shall be unlawful to any person to deny City personnel access to a vessel for purposes of placing dye tablets in the marine sanitary device, to refuse or interfere with testing of the marine sanitary device by City personnel, to tamper with or remove while in City waters any dye tablet placed in a marine sanitary device by City personnel, or to place any substance in the marine sanitary device with the intent to interfere with the enforcement of this section. Violation of the provisions of this subsection shall be punishable as a misdemeanor. In addition to the penalties prescribed herein and in subsection (i), the Harbor Master shall have the authority to order any owner or person in charge of any boat or vessel upon which any act or omission specified herein has occurred, to immediately remove such vessel from City waters.

(i) In the event that the Harbor Department observes or received information that any vessel is discharging into City waters any liquid or solid material from or through its marine sanitation device, marine holding tank or related or connected equipment in violation of this section, as evidenced by the discharge of dye placed into the facility pursuant to subsection (h) of this section, or has tampered with or removed dye tablets placed in the sanitation device, or if the owner or person apparently in charge does not permit or interferes with the placing of dye tablets or performance of any testing of the marine sanitation device by the Harbor Department required by this section, then the Harbor Master or any harbor patrol officer shall locate, if present on the vessel, the owner or person in apparent control of possession of the vessel and present the evidence of discharge, tampering or removal, refusal or interference and offer that person the opportunity to respond to or rebut the evidence. The conference shall be informal. If, after the informal conference, the Harbor Master or harbor patrol officer concludes that the discharge emanated from the subject vessel, or that tampering or removal of the dye tablets has occurred, or that the placign of dye tablets or testing of the marine sanitation device has been refused or interfered with, the Harbor Master or harbor patrol officer shall issue an order barring the vessel and the person owning and/or in possession of the vessel from entering City waters on the subject vessel and any other vessel under the person's ownership or control. In the case of discharge, the order shall be for a period of one(1) years, effective immediately. In the case of tampering or removal of dye tablets or performance of testing, the order shall be for a period of two (2) years, effectively immediately. The order shall be made in writing and delivered personally to the subject vessel owner and/or person in apparent control unless actions of the owner or person in control make such delivery impractical or infeasible. Where personal delivery cannot be made, a copy of the order shall be sent by first class mail, postage prepaid, to the address of the person to whom the vessel is registered. The order may be appealed pursuant to the provisions of Section 10-2.217.

(j) No person shall discharge from any vessel and it shall be unlawful for any liquid or solid material to be discharged from or through a vessel's marine sanitation device or marine holding tank into City waters in violation of this section, as evidenced by the discharge of dye placed into the facility pursuant to subsection (h) of this section. Violation of this Section 10-2.503 shall be a strict liability offense.

(k) Notwithstanding the provisions of subsections (a) through (j) of this section, no violation of this section shall occur where a vessel mechanic licensed to do business in Avalon Harbor complies with the following requirements: (1) notifies the Avalon Harbor Department of the vessel name, its location and the type of repair requested prior to commencing repairs; (2) notifies the Avalon Harbor Department that the holding tank of the vessel on which he intends to conduct repairs has been pumped out, or provides an explanation of why the tank cannot be pumped out prior to commencing repair work; (3) notifies the Avalon Harbor Department prior to conducting a test flush, at which time a Harbor Deputy shall be sent to the vessel to observe the flush, or if a Harbor Deputy is not available within a reasonable time, the Harbor Department may authorize the mechanic to proceed with the test flush as agent for the Avalon Harbor Department; and (4) notifies the Avalon Harbor Department when all repairs have been completed and the mechanic or vessel owner or other person in charge is present at the vessel while new dye tablets are placed in the head(s) and a test flush is conducted. A discharge which occurs during such repair or tests conducted to confirm the successful completion of the repair shall not result in liability or penalty to the mechanic or vessel owner or other person in charge, provided there is compliance with the foregoing requirements.