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OREGON STATE MARINE BOARD

 

DIVISION 14

MARINE FACILITY PROGRAM RULES

250-014-0001

Definitions

For the purposes of OAR 250-014-0001 to 250-014-0005, the following definitions shall apply:

(1) "Annual Maintenance" means routine maintenance and operation activities performed by the participant during the one-year allocation period.

(2) "Biennium" means the 24-month period beginning July 1 of each odd numbered year and ending June 30 of the next odd numbered year.

(3) "Board" means the State Marine Board.

(4) "Boarding Float" means a floating structure on or adjacent to a launch ramp that provides temporary short term use for loading or off- loading from a boat. Floats are normally 6 to 8 feet wide.

(5) "Boating Facility Grant Program" means the program authorized by ORS 830.150. Funds are available for the acquisition, development and rehabilitation of public boating facilities available to, and ordinarily used by, motorized boats.

(6) "Boating Infrastructure Grants Program" (BIG) means the federal program authorized by 50 CFR Part 80 and ORS 830.150. Funds are available for the development and rehabilitation of non-home port transient tie-up facilities at public and private facilities used principally by non-trailered recreational boats.

(7) "Clean Vessel Act (CVA) Grant Program" means the federal program authorized by 50 CFR Part 85 and ORS 830.150. Clean Vessel Act grants can be used to develop, refurbish, or maintain floating restrooms and vessel waste collection systems ordinarily used by recreational boats at public and private boating facilities.

(8) "Director" means the State Marine Board Director.

(9) "Fiscal Year" means the twelve-month period beginning July 1 of any year and ending June 30 of the next year.

(10) "Floating Restroom" means a floating structure moored in open water that is not connected to shore and provides toilet facilities to boaters.

(11) “Grounds" includes the area at or immediately adjacent to an improved boating facility where garbage pickup and maintenance of turf, vegetation, trees/shrubs, bank stabilization and small picnic areas occurs.

(12) "Improved Public Boating Facility" means developed public facilities with hard surface launch ramps, boarding floats, parking areas, access roads, restrooms, grounds, transient tie-up floats or vessel waste collection facilities.

(13) "Launch Ramp" is an inclined hard surface consisting of asphalt or concrete used to launch and retrieve boats. A launch ramp consists of one or more launch lanes. Each launch lane is normally 15 to 20 feet wide.

(14) "Maintenance Assistance Program" (MAP), means funding assistance to eligible public participants for the routine maintenance and operations of improved public boating facilities.

(15) "Mixed Use Site" means a boating facility where annual use is mixed (31%-69%) between motorized (or registered) and non-motorized (or non-registered boats).

(16) "Motorized Use Site" means a boating facility where annual use by motorized (or registered) boats is 70% or more of all boat use.

(17) "Non-Motorized Use Site" means a boating facility where the annual use by motorized (or registered) boats is 30% or less of all boat use.

(18) "Off-Season" means the six-month period of lowest motorized (or registered) boat use generally the period from October 15 to April 15.

(19) "Parking Area" means a developed gravel or asphalt surface with a least six boat trailer spaces (10' x 40') and two single car spaces (10' x 20') associated with a launch ramp. This includes any required accessible parking spaces.

(20) “Participant” means any public or private party that qualifies to receive funds from the Boating Facility Grant Program or Maintenance Assistance Program and voluntarily participates in either program.

(21) "Peak Season" means the three month period of heaviest boat use generally the period from June 1 to August 31.

(22) "Public Boating Facility Grant Project" means a project to develop, improve, rehabilitate or replace public boating facilities or to acquire property for the development of an improved boating facility.

(23) "Private Boating Facility Grant Project" means a project to develop, improve, rehabilitate or replace private marina facility vessel waste collection systems and transient tie-up facilities that are available/open for public use.

(24) "Public Boating Facility" or "Public Marine Facility" means public launch ramps, parking, boarding floats, transient tie-up facilities, restrooms, access roads, floating restrooms, vessel waste collection systems, signing and water markers, potable water systems and related facilities for the use and convenience of the boating public.

(25) "Private Marine Facility" or "Private Marina Facility" means private facilities that have the capability to provide vessel waste collection systems or transient tie-up facilities that are open and available for public use.

(26) "Public Project Sponsor," "Eligible Public Participants," or "Public Entity" means cities, counties, park and recreation districts, port districts and state or federal agencies that own and or operate public boating facilities as specified in these rules.

(27) "Private Project Sponsor," "Eligible Private Participants," or "Private Entity" means any individual firm, corporation, association, partnership, consortium, joint venture, industry, or any other nonpublic entity that operates a marina facility as specified in these rules.

(28) "Restroom" means all types of landside facilities used to collect human waste to include flush, vault, composting and portable toilets. A restroom may include one or more stalls (urinal or toilet).

(29) "Routine Maintenance" means all types of ordinary maintenance activities completed on a regular basis (daily, weekly or monthly).

(30) "Shoulder Season" means the three month period of moderate boat use generally the period from April 15 to May 31 and September 1 to October 15.

(31) "Transient Tie-Up" means a floating structure at least 100 feet in length used for short term boat tie-up and broadside tie-up or space for mooring at least six non-trailered boats. Transient tie-up does not include tenant based moorage or facilities that allow stays longer than ten consecutive days.

(32) "Use Fee" means any form of user fee charged to boaters for access or use of a boating facility. This includes day use, launch, parking, tie-up or any other general entrance or use fee.

(33) "Vessel Waste Collection System" means all types of stationary or portable systems that pump or remove human waste from a recreational boat holding tank or portable potties. This includes pumpouts, dump stations, related forward sewage lift stations, necessary floats, piles, and gangways, and related facilities.

Stat. Auth.: ORS 830.110 & 830.150
Stats. Implemented ORS 830.150
Hist.: MB 18-1985, f. & ef. 10-21-85; MB 11-1987, f. 5-20-87, ef. 6-1-87; MB 12-1987, f. & ef. 6-15-87; MB 7-1992, f. & cert. ef. 5-15-92; MB 8-1995, f. & cert. ef. 11-6-95; OSMB 6-1998, f. & cert. ef. 4-15-98; OSMB 8-2001, f. & cert. ef. 7-30-01; OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07; OSMB 6-2012, f. 4-20-12, cert. ef 5-1-12; OSMB 7-2013, f. 10-28-13, cert. ef. 1-1-14

250-014-0002

Eligibility

(1) The Boating Facility Grant Program is available to eligible public project sponsors.

(2) The Clean Vessel Act and Boating Infrastructure Grant programs are available to eligible public and private project sponsors.

(3) The Maintenance Assistance Program is available to eligible public project sponsors excluding federal agencies.

Stat. Auth.: ORS 830.110 & 830.150
Stats. Implemented: ORS 830.150
Hist.: MB 18-1985, f. & ef. 10-21-85; MB 11-1987, f. 5-20-87, ef. 6-1-87; MB 12-1987, f. & ef. 6-15-87; MB 7-1992, f. & cert. ef. 5-15-92; MB 8-1995, f. & cert. ef. 11-6-95; OSMB 6-1998, f. & cert. ef. 4-15-98; OSMB 8-2001, f. & cert. ef. 7-30-01; OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07; OSMB 7-2013, f. 10-28-13, cert. ef. 1-1-14

250-014-0003

Boating Facility Grant Program

(1) Program Description:

(a) The Board is authorized by ORS 830.150(2)(a) to provide funds for the construction, rehabilitation, and replacement of boating facilities. The program can provide for the acquisition of property and related development projects such as ramps, parking, potable water, sanitation, docks, and other facilities for the convenience and safety of recreational boaters. The Board may adopt other policies, guidelines, and procedure manuals as necessary to implement these rules. The funds are available to eligible participants on a full grant or matching basis. Applicants are strongly encouraged to provide some form of matching funds. This will enhance a project's potential for funding. The applicant's match may be a hard match of cash or a soft match of "in-kind" materials or services such as project administration, design, engineering, force-account labor and permit fees specifically related to the Boating Facility Grant as set forth in the Procedure Guide. Eligible permit fees include application fees for US Army Corps of Engineers and Department of State Lands section 404 and section 10 permits, other state and local government permit fees required for construction or other activities associated with the grant, but not system development charges, impact fees, and general government overhead charges, or waterway leases and licenses associated with ownership of property.

(b) In granting funds, ORS 830.150(2)(a), requires the Board to give first priority to applications for facilities designed to control water pollution or otherwise enhance water quality, including but not limited to, pumping stations for recreational boat holding tanks, and to those other facilities for which there appears the greatest public need. Funds may also be granted for removal of obsolete and abandoned dock or mooring facilities, if these constitute a boating or navigational hazard.

(c) Applications for grants may be submitted by:

(A) Cities;

(B) Counties;

(C) Park and Recreation Districts;

(D) Port Districts;

(E) State Agencies; and

(F) Federal Agency participants such as U.S. Forest Service, Bureau of Land Management and the Corps of Engineers.

(d) Prior to issuing any grant, the Board shall hold a public hearing in the area where a facility is to be constructed or land acquired if, in the judgment of the Board, use of the facility would stimulate significant change in the character of the recreational use of the waters.

(e) Cities, counties, park and recreation districts, port districts, and state or federal agencies that have developed long-range plans for development of boating facilities are encouraged to file a copy with the State Marine Board.

(2) Procedures:

(a) Pre-Application: Prior to submitting an application for a Marine Board boating facility grant, the applicant should contact the Marine Board for a pre-application conference to discuss the proposed project. This will provide applicants with an opportunity to ask any questions regarding the grant program, and will permit the Marine Board staff to assist the applicant in the early planning stages of a project. Requests for application forms, guidance, and assistance may be obtained from: Boating Facilities Section, Oregon State Marine Board.

(b) Application: When an applicant for a grant has completed the planning phase, application shall be made to the Board on such forms as described in the Procedure Guide. A complete application must include the following enclosures:

(A) Completed original application form.

(B) A resolution or statement from the governing body authorizing the project.

(C) Certification from the local city or county planning agency that the project is in compliance with local comprehensive plans and zoning ordinances or not subject to local plans and ordinances.

(D) The following supporting documents must be submitted:

(i) Location map of the city or county, showing geographic reference location of the project.

(ii) A vicinity map showing the entire facility, boundaries, geographical features and land use adjacent to the project.

(iii) A site plan showing the area to be developed with this grant. All items should be clearly labeled on the plan as existing or proposed development. The plan should show appropriate dimensions to scale.

(iv) Photographs of the existing project site. These should be sufficient to show major site features and any special characteristics. (An aerial photo is desirable if available).

(v) A preliminary cost estimate, with calculations and quantities, including all proposed facilities and work tasks. Where marine facilities are only a portion of the total project cost, indicate the boating related facilities to be developed with Marine Board funds.

(vi) Preliminary Plans of all proposed structures, including a plan view (top) and elevation view (side) of each proposed structure.

(vii) Third Party Agreements including copies of leases, special use permits, or intergovernmental agreements if the applicant manages but does not own the project site. If applicable, a cooperative agreement between the eligible applicant and a third party participant outlining scope and nature of the project should be included.

(viii) A description and chronology of notice given to the public of the application or proposed project and the opportunities for public input and the comments received.

(E) If lands are to be acquired, complete information pertaining to description, present ownership, appraised value, etc. is required.

(F) For all applications, a brief Environmental Checklist describing the anticipated environmental impacts of the project is required.

(G) For certain projects, various regulatory permits, leases, licenses, certifications, and plan reviews must be obtained. It is the responsibility of the applicant to secure the necessary clearances prior to implementing any project. The applicant shall indicate to the Board the status of any such permits, etc., as part of its application.

(H) The Board will not consider incomplete applications.

(c) Notice to Applicants: Following Board consideration, the applicant shall be advised in writing of the Board's decision. If a denial is made based on the protection of water quality, specific notice shall be provided indicating the point or points of the plan which are inadequate ORS 830.150(4).

(d) Approval of Boating Facility Grant: In order to approve a Boating Facility Grant, the Board shall assure that the project complies with the statewide planning goals and is compatible with applicable acknowledged comprehensive plans by following the procedures set out in the Board's state agency coordination program adopted pursuant to ORS 197.180.

(e) Approved Boating Facility Grants: Following Board approval of a Boating Facility Grant, a special cooperative agreement shall be entered into between the applicant and the Board. This agreement shall describe the responsibilities of both participants. Failure by the applicant to execute the grant agreement within 90 calendar days of project approval by the Board may result in the cancellation of the Boating Facility Grant.

(f) Completion and Final Reimbursement: Upon completion of the project, the sponsor shall notify the Board. A final billing with cost documentation shall be provided to the Board. After a satisfactory review of billing documents and final inspection by Marine Board staff, final reimbursement will be authorized.

(g) Boating Facilities Grant Procedure Guide: The Procedure Guide, adopted by the Board shall set forth policies, application form, billing form and sample cooperative agreement for use by all eligible participants.

(h) Boating Facility Grant Availability: Boating Facility Grants are available each biennial period as prescribed by the Board. Large projects may be phased in over a period of years or bienniums to maximize leverage, distribution and availability of funds. Notice of grant fund availability will be given once to all interested applicants on or about February 15 for the ensuing new biennial period.

(3) Priorities:

(a) The Board shall provide grants for boating facilities as the need for facilities appear to the Board as authorized by ORS 830.150(1).

(b) Since funding for the program is derived from boat registration fees and state motorboat gas tax, the highest priorities will go to projects that serve registered motorboats and sailboats.

(c) When applications for grants exceed funds available, the Marine Board will, pursuant to ORS 830.150(2), consider the results of the Boating Survey conducted in accordance with ORS 830.115 in determining areas of greatest need. The Statewide Six Year Boating Facilities Plan, prepared under ORS 830.110(6), with input from cities, counties, park districts, port districts, state and federal agencies, shall also be used to guide the allocation of funds to priority needs.

(d) The Board in its Procedure Guide shall prescribe specific ranking criteria for grant applications. The Board may convene an advisory committee to assist in the review grant project requests.

(4) Policies:

(a) It is the policy of the Board to encourage applicants to make use of matching funds. As a part of this policy, applicants will be encouraged to seek other sources of matching monies or provide some form of local matching contribution. This local matching contribution may be a "hard" match of cash and a "soft" match of "in-kind" materials or services such as project administration, design, engineering, force account labor, and permit fees specifically related to the Boating Facility Grant. The Board recognizes that, in some instances, this local matching contribution may be beyond the applicant's capabilities. In such cases, the Board may provide a grant covering the full eligible costs. The availability of matching funds or local participation, while not the primary factor in considering a grant application will be examined as one aspect of the project in the decision-making process. The Board in its Procedure Guides shall develop a general policy on applicant matching funds.

(b) Grants will be limited to actual certified expenditures for materials, equipment, labor, and services directly related to construction. Applicants are encouraged to supply "in-house" administration, labor, equipment and services as a form of match to the Marine Board grant. "In-kind" participation shall be documented to the maximum extent possible.

(c) The Board requires project sponsors to place a credit sign at facilities developed with a Marine Board grant. This sign shall indicate that the facility was developed with assistance from the Marine Board. The credit sign shall also recognize grant funding received through the U.S. Fish & Wildlife Services Clean Vessel Act, Boating Infrastructure, or Sport Fish Restoration programs, or other funding sources as appropriate. The cost of design, fabrication and installation is an eligible cost and may be included in the construction contract. The sponsor shall place the required sign in a suitable location at the facility.

(d) In determining approval of the grants, the Board will give priority to those facilities providing free services to the general public.

(e) Marine Board staff will, within budgetary limitations, inspect each proposed facility site with the grant applicant prior to Board consideration of any grant. On-site visits shall be made to assure that the facts presented in the application are correct and to furnish Board members such additional data as may be desired. A final inspection will, within budgetary limitations, also be made prior to the final grant reimbursement.

(f) Grant applications must be received 30 calendar days or more prior to scheduled State Marine Board meetings to be considered by the Board. Applicants should contact the Boating Facilities Section Manager concerning grant application deadlines and availability of funds.

(g) At the discretion and direction of the Board, the Director may be authorized each biennium to approve small grants up to $10,000 for minor public boating facility improvements not to exceed $20,000 in total cost. The Board may limit the total amount of funds available for small grants each biennium. Applicants eligible to receive Boating Facilities Grants may apply for small grants by letter from the governing body of the applicant, addressed to the Director and accompanied by appropriate supporting information sufficient to describe the proposed project, including a drawing or plan of the site and proposed improvements, photographs, and a cost estimate or written cost quote from a qualified contractor or vendor. Small grants may not be used for routine maintenance activities that are eligible under the Maintenance Assistance Program. The Director may waive all or part of the standard cooperative agreement for small grants. At each regularly scheduled Board meeting, the Director will report on the status of all authorized small grants.

(h) It is the policy of the Board to require that projects be completed within a biennial budget period or less from the date of grant approval. Exceptions may be allowed by the Director if warranted by extraordinary circumstances. The Director is authorized to approve project time extensions up to 90 days, provided this is reported to the Board or as provided by state rule.

(i) Partial reimbursement can be made based upon percentage of project completion with submittal of appropriate documentation (invoices, receipts, photographs, etc.). Final reimbursement will be forwarded upon receipt and approval of appropriate final billing documentation, and a satisfactory final inspection by Board staff. Project sponsors must inform the staff of any alterations to the project, and should provide an early indication of any possible cost overruns or delays which will necessitate a time extension beyond the two year limit.

(j) Except as provided in the Consent Agenda Grant Consideration Policy applicants shall attend the Marine Board meeting at which their facility grant request is being considered. The Marine Board staff shall inform applicants as to the date, time, and location of the Board meeting. Failure to appear at the meeting may result in a deferral of the grant request. The Director may waive this requirement for smaller projects or if special conditions prevent the applicant from being present.

(k) Reimbursement will not be made for projects initiated or completed prior to approval by the Board and federal granting agency. Recognizing that emergencies may arise necessitating quick action, applicants with emergencies should contact the Boating Facilities Section Manager for instructions before initiating any improvements.

(l) Grants will not be approved for the routine maintenance of facilities (e.g., cleaning, litter pickup, lawn care, painting, etc.). These items may be eligible for funding through the Maintenance Assistance Program.

(m) The Director is authorized to approve minor cost overruns (less than $10,000). Applicants must notify the Board of possible cost overruns prior to incurring them in order to be eligible for possible reimbursement.

(n) In submitting the Grant Application and by execution of the Cooperative Grant Agreement the Applicant certifies that all developments will occur on property owned, leased or controlled by Applicant during the term of the agreement. All property or facilities developed with Facilities Grant funds must be dedicated for public use and maintained for a period not less than twenty (20) years. In the event the applicant fails to maintain the facility, or converts the use of the facility, the applicant shall promptly reimburse the Board for all improvement costs provided by the Board.

(o) All projects must comply with "Uniform Sign Guidelines" as published by the Board. All launch ramp facilities developed with Marine Board funds must have at least one uniform boat ramp sign placed on roads leading to the facility in order to direct the public.

(p) All projects must be designed and engineered by a registered engineer or architect unless completed using force account labor or otherwise provided by law. This will assure the applicant and the Board that proper and necessary provisions are being met with respect to public health, life and safety through the best use of materials and labor at a minimal cost.

(q) A publication by the Board titled “Design Guidelines for Recreational Boating Facilities" provides basic technical specifications and design criteria for the development of facility grant projects. All projects must comply with these guidelines or other approved methods.

(r) Applicants shall forward one copy of the final plans and specifications to the Board for review, prior to procuring any contractor, material supplier or commencing any work at the project site. Marine Board staff will notify applicants of plan approval, at which time they may commence implementation of the approved plan.

(s) The Board has the capability to provide some design-engineering services for grant applicants. Requests for technical engineering assistance should be directed to the Boating Facilities Section Manager.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 830.110 & 830.150
Stats. Implemented: ORS 830.150
Hist.: MB 18-1985, f. & ef. 10-21-85; MB 11-1987, f. 5-20-87, ef. 6-1-87; MB 12-1987, f. & ef. 6-15-87; MB 4-1988, f. 4-21-88, cert. ef. 5-15-88; MB 7-1992, f. & cert. ef. 5-14-92; MB 9-1994, f. & cert. ef. 8-5-94; MB 8-1995, f. & cert. ef. 11-6-95; OSMB 6-1998, f. & cert. ef. 4-15-98; OSMB 8-2001, f. & cert. ef. 7-30-01; OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07; OSMB 7-2013, f. 10-28-13, cert. ef. 1-1-14

250-014-0004

Maintenance Assistance Program

(1) Program Description:

(a) The Board is authorized by ORS 830.150(2)(a) to provide funds for annual maintenance of improved public boating facilities.

(b) The Board is also authorized to provide federal Clean Vessel Act CFR 50 Part 85 funds made available through the U.S. Fish and Wildlife Service, to assist in the maintenance of vessel waste collection facilities, floating restrooms, and related support facilities.

(c) Federal Clean Vessel Act funds require at least a 25% non-federal match of funds, which is provided by participants and documented in expenditure reports and maintenance activity logs. All participants receiving federal funds must agree to comply with any and all federal funding requirements.

(d) The Program is voluntary and by accepting MAP funds the participant agrees to comply with all program rules, policies and procedures.

(e) The Program provides annual matching grants, which are intended to augment existing levels of routine maintenance at improved public boating facilities.

(f) Eligible participants include cities, counties, park and recreation districts, port districts and state agencies.

(g) MAP funds may only be used for routine and ordinary maintenance of boating facilities to include but not limited to: cleaning launch ramps, floats, parking areas, restrooms, garbage service, grounds keeping, utilities, and minor repairs to eligible facilities. Federal Clean Vessel Act funds may be used for routine and ordinary maintenance of vessel waste collection facilities and floating restrooms to include cleaning, septic disposal, utilities, minor repairs, deployment and winterization.

(h) Only motorized and mixed use facilities are eligible for MAP.

(i) Eligible facilities include launch ramps, boarding floats, restrooms, parking areas, access roads, transient tie-up floats, ski floats, floating restrooms, vessel waste collection systems grounds and garbage service. To be eligible, a facility must be open at least during the peak season of use and, at a minimum, provide:

(A) A single-lane launch ramp with at least six vehicle/boat trailer and two single car parking spaces or at least 100 linear feet of transient tie-up floats; Vessel waste collection facilities; or floating restrooms. (Item B and C are not required for Vessel waste collection facilities or floating restrooms).

(B) A single-stall restroom; and

(C) One garbage can.

(j) MAP funds may not be used for operation, maintenance or overhead costs associated with fish cleaning stations, boat wash stations, marine fuel stations, long-term marina or moorage facilities, campgrounds, trails, picnic areas or shelters, swim areas, other large day-use components. MAP funds may also not be used for the operation, maintenance or overhead of any eligible improved boating facility or portion of eligible improved boating facility used for commercial activities that limit public recreational boating use or access, unless the commercial activities are incidental.

(2) Allocation:

(a) MAP funds are provided, on an allocation basis each fiscal year, to eligible participants who own or operate eligible facilities. The amount of MAP funds available in any biennium will be contingent upon the legislatively adopted budget.

(b) Federal Clean Vessel Act funds are provided to eligible participants contingent on availability and approval by the U.S. Fish and Wildlife Service.

(c) The MAP allocation formula uses a point system based on site elements found at eligible facilities. Each point has a value of $100. MAP payment shall be made to eligible participants annually after receipt and approval of all required reports and logs using the allocation methodology as follows:

(A) Determine the Base Allocation for each boating facility. Calculate the number of launch lanes, boat trailer parking spaces, restroom stalls, length of boarding floats, length of transient tie-up floats, grounds and garbage service by the point values as prescribed by the Board. Eligible boating facilities accessible only by boat receive additional points. Participants who provide four or more eligible facilities also receive additional points.

(B) Adjust the Base Allocation for fees charged. Facility fees may be any day use, entry, launch, parking or other fee charged to users for a single use of the boating facility. The highest of any single use fee paid by the boater for use of an improved boating facility will be used to adjust the base allocation. The highest fee does not include annual passes or donation boxes. Any fee charged over $5 will disqualify that facility from receiving any MAP funds. The Board may prescribe other fee reduction values for transient tie-up facilities based on local or regional market conditions. Eligible participants who have transient tie-up facilities that have utility connections are allowed to charge use fees to recover direct utility costs without reduction to their MAP allocation. Adjust the Base Allocation for fees charged as follows:

$0-$2.00 – no reduction.

$2.01-$3.00 – 15% reduction.

$3.01-$4.00 – 40% reduction.

$4.01-$5.00 – 75% reduction.

$5.01 and above – not eligible.

(C) The Allocation may further be adjusted to balance the number of launch lanes to the number of parking spaces in conformance with the Board’s Design Guidelines for Recreational Boating Facilities; to account for restrooms and parking that clearly serve other developed activity areas besides boating, such as large day use areas, marinas, campgrounds and downtown areas (these facilities will assume to have joint use and points will be adjusted accordingly); and restrooms that have seasonal closures where the restroom facility is not open to the public.

(D) Adjust the Boating Facility Allocation for boating facility seasonal availability:

(i) Receive 50% adjusted Boating Facility Allocation for each site element at an eligible facility that is open, available, and operational only during the required minimum three-month peak season;

(ii) Receive 75% of the Boating Facility Allocation for each site element at an eligible facility that is open, available, and operational during the required minimum three-month peak season and three-month shoulder season.

(E) Determine Total Eligible Boating Facility Participant Allocation. Participant's annual allocation is the sum total of each eligible facility as adjusted for season of use and fees.

(d) Determine the Base Allocation for each vessel waste collection facility. Calculate the number of pumpouts, dump stations and floating restrooms by the point values as prescribed by the Board.

(A) Boat waste collection facilities built with Boating Facility Grants are required to provide free use for the public. No user fees may be collected or charged. The facility must be open and available to the general boating public to include hoses, adapters, power and other necessary items for operation and use.

(B) Adjust the Vessel Waste Collection Systems Base Allocation for seasonal closures when the facility is not open for public use or non-operational, based on the following:

(i) Receive 50% of the Base Facility Allocation for each eligible element that is open, available, and operational during the required minimum three-month peak season.

(ii) Receive 75% of the Base Facility Allocation for each eligible element at an eligible facility that is open, available, and operational during the required minimum three-month peak season and the three-month peak seasons.

(C) Determine Total Eligible Vessel Waste Collection Systems Participant Allocation. Participant's annual allocation is the sum total of each eligible facility as adjusted for season of use. The Base Allocation for eligible Vessel Waste Collection System elements is not reduced if user fees are charged at the site but there is no additional fee to use the eligible Vessel Waste Collection System elements.

(e) The Board shall re-allocate any MAP funds remaining in the biennium to the Marine Facility Grant Program.

(3) Procedures:

(a) Prior to the beginning of each fiscal year, the Board determines the funds available, and using the point system, estimates each participant's allocation.

(b) Eligible participants shall be notified in writing of their estimated allocation for the ensuing fiscal year.

(c) In order to participate in the MAP Program each participant must provide a completed Allocation Certification Agreement to the Board each fiscal year certifying the following:

(A) The participant has adopted a budget that includes the estimated MAP allocation; and

(B) The number of eligible improved marine facilities and site elements maintained by the participant; and

(C) That the MAP funds will be spent only to maintain improved marine facilities in accordance with the MAP procedures and policies; and

(D) The season(s) of use that the improved boating facility will be open and maintained for public use; and

(E) The amount of any user fees to be charged during the fiscal year for use of the eligible boating facility by boaters. User fees include the highest of any entrance, day use, launch ramp, parking, transient moorage or other fees paid excluding annual passes and donations

(F) The Participant will allow representatives of the Board access to all eligible boating facilities, provide park maintenance expenditure and performance records upon request, and cooperate during any audit.

(G) MAP funds will not exceed sixty percent of the overall maintenance cost of eligible boating facilities.

(H) Participant match does not include any cash or in-kind activities expended on campgrounds, marinas, fuel stations, trails, picnic shelters, swim areas or other large day-use components. The Participant has documented percentages for shared use facilities such as restrooms and parking that serve eligible marine facilities and other park uses.

(I) That MAP funds are principally targeted for labor, supplies, or contract services that will be expended at the site. Justification will be required for expenditures for overhead, program administration, supervision or other general service assessments/charges that amount to 15% or more of MAP funds received.

(J) MAP funds may not be used for capital projects or as match to other grants.

(d) Any participant that does not certify to the Board by August 1, as required above, may be deemed to have waived participation in the MAP program.

(e) Participants shall submit to the Board an estimated expenditure report at the end of each fiscal year period and an operations and maintenance budget outlining actual MAP and participant expenditures for labor, supplies, materials and services for all eligible sites individually. Reports shall be in the manner and form as required by the Board. Failure to submit this report within the specified time may result in participant disqualification.

(f) At the end of each fiscal year period, participants that have eligible pumpouts, dump stations and floating restrooms shall submit Maintenance Reporting Logs for these elements.

(4) Policies:

(a) It is the policy of the Board that the MAP program is designed to supplement funds expended by an eligible participant in the maintenance of improved boating facilities. The intent of the Board is to assist in improving the quality of maintenance at improved boating facilities.

(b) It is the policy of the Board to encourage free public access to improved public marine facilities.

(c) It is the policy of the Board to allow participants to expend MAP funds to purchase small tools or equipment for the maintenance of improved marine facilities, not to exceed ten percent of the annual allocation. This is contingent upon the applicant providing sufficient maintenance that complies with expectations as established by the Board.

(d) Participants shall reimburse the Board for any funds not expended within the fiscal year. However, a participant may request permission to carry over a maximum of ten percent of the total MAP Allocation from one fiscal year to the next but must be expended within that fiscal year. Unexpended funds allocated to maintain pumpouts, dump stations, and floating restrooms cannot be carried over from one fiscal year to the next and must be returned to the Board.

(e) MAP participants are encouraged to develop a cost accounting system that separates out MAP funds by line item revenue and expenditures. Expenditure detail should be sufficient to demonstrate that MAP funds provided are being appropriately expended.

(f) MAP participants that provide four or more sites may shift up to 25% of the individual MAP site allocation in a fiscal year to other eligible MAP sites to accommodate changing use patterns, water conditions or maintenance needs, provided that minimum maintenance expectations are met at all sites. Written justification will be required for fund shifts in excess of 25%. Funds allocated to maintain pumpouts, dump stations, and floating restrooms cannot be shifted to other eligible MAP sites.

(g) Any daily, monthly or annual use fees charged at MAP sites must be uniform for a specific class of users. No differential in-area or out-of-area annual, seasonal or day use fees may be charged at MAP sites.

(h) It is a policy of the Board to encourage participants to allow for full public use and access to improved public boating facilities. MAP funds may not be used for the operation, maintenance or overhead associated with any public boating facilities or portions of public boating facilities where commercial use is allowed. Commercial use means any regular or non-incidental activity or event at an improved public boating facility that is conducted by a business, concessionaire, or any non-public entity for the purpose of selling products or providing goods or services for a profit or private financial gain and displaces or precludes recreational boat use or public access, including the loss of public parking or dock space or regular or prolonged closures of portions of an improved public boating facility that results as a part of the activity or event. Any use that is permitted, licensed, or allowed by agreement from the site owner or managing agent that conveys exclusive use or a preference in use to any individual, group or entity and not the general boating public may be considered by the Board as a commercial use. Examples include: permanent or portable stores, restaurants, shops, commercial fishing vessel moorage, ocean charterboat moorage, fish cleaning services, tour or excursion boats boarding or moorage, shuttle services, ticket sales, watercraft rentals, etc. Incidental or occasional use by boat manufacturers or dealers to test or demonstrate boats or use by outfitters and guides will not be considered commercial use by the Board as long as the use is not exclusive or guaranteed or a proprietary preference is not given to this use over use by the general boating public. Single or annual events such as festivals, contests, etc. are not considered a commercial use by the Board unless the event is repetitive, extensive, and results in the loss of access or use by the public boating facility for an excessive amount of time or the event has the potential to damage or degrade public boating facilities more than the Board considers reasonable. The Board encourages participants to charge all commercial users a use fee to help offset the added operation and maintenance costs associated with the activities generated by the commercial use. Commercial use fees are not considered as a fee for the purpose of calculating the participants MAP allocation.

(i) Funding for the program may be denied to an eligible participant if the Board determines that a sponsor has expended MAP funds for purposes other than those allowed by these rules, failed to provide an adequate level of maintenance, failed to provide additional funds beyond MAP, or failed to report any changes in facility user fees or season of use. Participants are required to reimburse MAP funds in the event the Participant has unexpended MAP funds or makes any changes (fee increase, seasonal closures or facility components) within the fiscal year that would affect the approved allocation. The amount of reimbursement can be prorated based upon the effective date of the changes that affect the allocation. Failure to notify the Board of changes and make prompt reimbursement of the allocation overpayment may result in disqualification from the program or other action as deemed necessary by the Board.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 830.110 & 830.150
Stats. Implemented: ORS 830.150
Hist.: MB 18-1985, f. & ef. 10-21-85; MB 11-1987, f. 5-20-87, ef. 6-1-87; MB 12-1987, f. & ef. 6-15-87; MB 7-1992, f. & cert. ef. 5-15-92; MB 9-1994, f. & cert. ef. 8-5-94; MB 8-1995, f. & cert. ef. 11-6-95; OSMB 6-1998, f. & cert. ef. 4-15-98; OSMB 8-2001, f. & cert. ef. 7-30-01; OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07; OSMB 6-2012, f. 4-20-12, cert. ef 5-1-12

250-014-0005

Vessel Waste Collection and Boating Infrastructure Grant Program

(1) Program Descriptions:

(a) The Board is authorized to provide federal Clean Vessel Act and Boating Infrastructure Grant funds made available through the U.S. Fish and Wildlife Service, in the form of grants in accordance with ORS 830.137 for the construction, rehabilitation or replacement of facilities, such as vessel waste collection systems, transient tie-ups and related support facilities.

(b) Federal Clean Vessel Act and Boating Infrastructure Grant funds are provided to the Board contingent on availability and approval by the U.S. Fish and Wildlife Service. Federal Clean Vessel Act and Boating Infrastructure Grant funds require at least a 25% non-federal match. For Clean Vessel Act projects, the required non-federal matching funds are generally provided by the Board. All participants must agree to comply with any and all federal funding requirements including but not limited to compliance with the Single Audit Act. federal OMB Circular A-133.

(c) Clean Vessel Act Grant Funds may be used for the construction/renovation of pumpouts, dump stations and floating restrooms.

(d) Clean Vessel Act Grant Funds may not be used for the construction/renovation of upland restroom facilities; or the construction/renovation, operation and maintenance of onsite sewage treatment plants such as package treatment plants and septic systems, or municipal sewage treatment plants for primary and secondary treatment.

(e) Boating Infrastructure Grant funds may be used for the construction/renovation of docks and piers, gangways, fixed and floating breakwaters, debris booms, vessel waste collection systems, utilities and restrooms that principally support tie-up facilities serving non-trailered boats.

(f) Boating Infrastructure Grant funds may not be used for the construction/renovation of any trailered boat facilities, routine maintenance activities, dry stack storage, annual, seasonal or homeport moorage or other related facilities.

(g) Cities, counties, parks and recreation districts, port districts, state agencies, federal agency participants such as U.S. Forest Service, Bureau of Land Management, the Corps of Engineers and private project sponsors are eligible to submit applications for grants.

(2) Procedures:

(a) Pre Application:

(A) Cities, counties, park and recreation districts, port districts, state and federal agencies and private project sponsors that have developed long-range plans for development of boating facilities are encouraged to file a copy with the State Marine Board.

(B) Prior to submitting an application for a Marine Board facility grant, the applicant should contact the Marine Board for a pre-application conference to discuss the proposed project. This will provide applicants with an opportunity to ask any questions regarding the grant program, and will permit the Marine Board staff to assist the applicant in the early planning stages of a project. Requests for application forms, guidance, and assistance may be obtained from: Boating Facilities Section, Oregon State Marine Board.

(C) The Public Boating Facility Grant Procedure Guide, adopted by the Board shall set forth policies, application form and sample cooperative agreement for use by all eligible public participants.

(D) The Private Grant Procedure Guide shall set forth polices, application form and sample cooperative agreement for use by all eligible private participants.

(b) Application: When an applicant for a grant has completed the planning phase, application shall be made to the Board on such forms and manner as described in the Public or Private Procedure Guide. The application must include the following enclosures:

(A) A completed original application form and enclosures.

(B) For Public Project Sponsors, a resolution or statement from the governing body authorizing the project.

(C) For Private Project Sponsors, a statement from the legal owner, corporation or entity authorizing the project.

(D) Permits and Environmental Assessment:

(i) Certification is from the local city or county planning agency that the project is in compliance with local comprehensive plans and zoning ordinances or statement that the project is not subject to these.

(ii) For certain projects, various regulatory permits, leases, licenses, certifications, and plan reviews must be obtained. It is the responsibility of the applicant to secure the necessary clearances prior to implementing any project. The applicant shall indicate to the Board the status of any such permits, etc., as part of its application.

(iii) For all projects, a brief Environmental Checklist describing the anticipated environmental impacts of the project is required.

(E) The following planning attachments must be submitted:

(i) Location map of the city or county, showing geographic reference location of the project.

(ii) Vicinity map showing entire facility, boundaries, geographical features and land use adjacent to the project.

(iii) Site Plan showing the area to be developed with the grant. All items should be clearly labeled on the plan as existing or proposed development including dimensions to scale.

(iv) Photographs of the existing project site. These should be sufficient to show major site features and any special characteristics. (An aerial photo is desirable if available).

(v) A preliminary cost estimate, with calculations and quantities, including all proposed facilities and work tasks. For projects where proposed boating facilities are only a portion of the total cost, the estimate must indicate the boating related facilities to be developed with Marine Board funds.

(vi) Preliminary Plans of all proposed structures, including a plan view (top) and elevation view (side) of each proposed structure.

(vii) Third Party Agreements including copy of leases, special use permits, or intergovernmental agreements if the applicant manages but does not own the project site. If applicable, a cooperative agreement between the eligible applicant and a third party participant outlining scope and nature of the project should be included.

(viii) A description and chronology of notice given to the public of the application or proposed project and the opportunities for public input and the comments received.

(c) Application Evaluation:

(A) Marine Board staff shall evaluate each and every complete grant application using evaluation criteria as established by the Board.

(B) Marine Board staff shall prepare a report and funding recommendation for the Board. A copy of this report will be forwarded to the applicant prior to the Board meeting when the application will be considered.

(C) Incomplete applications will not be considered by the Board.

(D) Board Consideration:

(a) Except as provided in the Consent Agenda Grant Consideration Policy applicants shall plan to attend the Marine Board meeting at which their facility grant request is being considered. The Marine Board staff shall inform applicants as to the date, time, and location of the Board meeting. Failure to appear at the meeting may result in a deferral of the grant request. The Director may waive this requirement for smaller projects or if special conditions prevent the applicant from being present.

(b) Following Board consideration, the applicant shall be advised in writing of the Board's decision. If a denial is made based on the protection of water quality, specific notice shall be provided indicating the point or points of the plan which are inadequate (ORS 830.150(4)).

(c) Prior to issuing any grant, the Board shall hold a public hearing in the area where a facility is to be constructed or land acquired if, in the judgment of the Board, use of the facility would stimulate significant change in the character of the recreational use of the waters.

(d) In order to approve a Facility Grant, the Board shall assure that the project complies with the statewide planning goals and is compatible with applicable acknowledged comprehensive plans by following the procedures set out in the Board's state agency coordination program adopted pursuant to ORS 197.180.

(E) Approved Projects:

(a) Following Board approval of a grant, a special cooperative agreement shall be entered into between the applicant and the Board. This agreement shall describe the responsibilities of all parties. Failure by the applicant to execute the grant agreement within 90 calendar days of project approval by the Board may result in the cancellation of the grant.

(b) The Board requires that projects be completed within a biennial budget period or less from the date of grant approval. Exceptions may be allowed by the Director if warranted by extraordinary circumstances. The Director is authorized to approve project time extensions up to 90 days, provided this is reported to the Board.

(F) Project Closeouts:

(a) The public or private project sponsor shall notify the Board of projection completion. A final billing with cost documentation shall be provided to the Board. After a satisfactory review of billing documentation and final inspection by Marine Board staff, final reimbursement will be authorized.

(B) Upon final approval and inspection by the Marine Board staff, ownership of all facilities (and components) developed with partial or full grant funds shall remain with the public or private project sponsor subject to the terms of the Cooperative Agreement.

(3) Priorities:

(A) Funding:

(a) The funds are available to eligible participants on a full grant or matching basis.

(b) In granting funds, the Board shall give first priority to applications for public facilities and to those facilities which appear to have the greatest public need as determined by the Marine Board.

(c) Grant funds are available each biennial period as prescribed by the Board. Large projects may be phased in over a period of years or bienniums to maximize leverage, distribution and availability of funds.

(d) Notice of grant fund availability will be given once to all interested applicants on or about February 15 for the ensuing new biennial period.

(B) Need:

(a) The Board shall provide grants for Marine facilities as the need for facilities appear to the Board ORS 830.150(2).

(b) When applications for grants exceed funds available, the Marine Board will, pursuant to ORS 830.150(2), consider the results of the Boating Survey conducted in accordance with ORS 830.115 in determining areas of greatest need. The Statewide Six Year Boating Facilities Plan, prepared under ORS 830.110(6), with input from cities, counties, park districts, port districts, state and federal agencies, and private project sponsors, shall also be used to guide the allocation of funds for boat waste collection facilities.

(c) The Board's Public and Private Procedures Guides shall prescribe specific ranking criteria and project priorities.

(4) Policies:

(A) Matching Funds:

(a) It is the policy of the Board to encourage applicants to make use of matching funds. As a part of this policy, applicants will be encouraged to seek other sources of matching monies or to provide some form of matching contribution. This public or private matching contribution may be a "hard" match of cash or a "soft" match may consist of "in-kind' materials such as project administration, design, engineering, force account labor, permit fees exclusively related to the eligible grant component, and in the case of private participants long term maintenance costs. The Board recognizes that, in some instances, this matching contribution may be beyond the applicant's capabilities. In such cases, the Board may provide a grant covering the full eligible project costs.

(b) Grants will be limited to actual certified expenditures for materials, equipment, labor, and services directly related to construction. Applicants are encouraged to supply "in-house" administrative, design, labor, equipment and engineering services as a form of match to the Marine Board grant. "In-kind" participation shall be documented to the maximum extent possible.

(B) Fees:

(a) Since the Board intends to provide the majority of capital development costs in the form of grants, public and private project sponsors shall not charge any type of user fee for the use of vessel waste collection facilities during the term of the Agreement.

(b) To encourage public use, all public and private vessel waste collection facilities developed in whole or in part by grant funds shall be available free for public use during the term of the Agreement.

(c) Approval must be obtained by the Board prior to charging any user fees for all facilities funded by Boating Infrastructure Grant funds. Any fees charged shall be reasonable and based on the prevailing rate charged by other public and private facilities in the area.

(C) Signs:

(a) The Board requires public and private project sponsors to place a credit sign at facilities developed with a Marine Board grant. The use of any federal Clean Vessel Act or Boating Infrastructure Grant funds requires placement of a credit sign at the facility indicating use of federal funds.

(b) The sponsor shall place a standard logo pumpout or dump station sign at each facility developed with federal Clean Vessel Act grant funds.

(c) The cost of design, fabrication and installation of required signs is an eligible cost and may be included in the construction contract.

(D) Applications:

(a) Grant applications must be received 30 calendar days or more prior to scheduled State Marine Board meetings to be considered by the Board. Applicants should contact the Boating Facilities Section Manager concerning grant application deadlines and availability of funds.

(b) Applications will be considered by the Board at regular or special meetings as determined by the Board. Funding periods (rounds) shall be established on or about February 15 for the ensuing new biennium period. Notice will be given to any interested applicant.

(E) Public Use and Access:

(a) All vessel waste collection and transient tie-up facilities developed with Boating Facility Grant funds must be open and available for public use. Reasonable hours of operation may be prescribed if necessary. The facility may be closed for short periods to protect against cold weather damage.

(b) Public and private project sponsors shall agree to provide unrestricted and unencumbered access to the general public by either land or water to vessel waste collection facilities or Boating Infrastructure Grant facilities developed in whole or part with Facility Grants or federal funds.

(F) Cooperative Agreements:

(a) Public and private project sponsors shall enter into an agreement with the Board in the manner and form prescribed by the Board. This agreement, which outlines the terms and conditions of funding and other obligations by all parties, must be executed by the Director and the project sponsor prior to commencing any project work. Failure by the applicant and to execute the agreement within 90 calendar days of project approval by the Board may result in the cancellation of the grant.

(b) The term of the Cooperative agreement for Vessel Waste Collection Systems shall be 10 years and Boating Infrastructure Grant facilities shall be 20 years, the assumed average useful life span of these facilities.

(c) The public or private project sponsor shall provide ordinary and routine maintenance activities during the term of this agreement.

(d) The public or private sponsor shall agree to allow unencumbered facility access to the Board or its authorized agents during the term of the Cooperative Agreement.

(e) Funding recipients shall maintain accurate records on the expenditure of project funds, provide the Board with these records consistent with the agreement and upon request, and permit the Board to audit the use of grant funds in accordance with generally accepted audit practices and standards.

(f) Private project sponsors are not required to follow State of Oregon Public Contract Laws but must procure goods and services at reasonable cost and avoid any favoritism with contractors, vendors or suppliers.

(g) In the event the public or private project sponsor fails to maintain the facility or converts the use of the facility, the public or private project sponsor shall reimburse the Board for all grant funds provided by the Board.

(G) Operation and Maintenance:

(a) Grants will not be approved for the routine maintenance of facilities.

(b) Private Project Sponsors -- Since the Board intends to provide the majority of all capital development costs in the form of grants, the private project sponsor shall agree to furnish long term ordinary and routine operation and maintenance costs as "match" to the project. Annual usage reports will be submitted to the Marine Board in the manner and form described.

(H) Engineering and Design Criteria:

(a) All projects must be designed and engineered by a registered engineer or architect unless completed using force account labor or otherwise provided by law. This will assure the applicant and the Board that proper and necessary provisions are being met with respect to public health, life and safety through the best use of materials and labor at a minimal cost.

(b) Applicants shall forward one copy of the final plans and specifications to the Marine Board staff for review, prior to procuring any contractor or material supplier or commencing any work at the project site. Marine Board staff will notify applicants of plan approval, at which time they may commence implementation of the approved plan.

(c) The Marine Board staff has the capability to provide some design-engineering services for grant applicants. Requests for technical engineering assistance should be directed to the Boating Facilities Section Manager.

(d) A publication by the Board titled Vessel Waste Collection System Guidelines or Layout and Design Guidelines for Recreational Boat Launching and Transient Tie-up Facilities provides basic technical specifications and design criteria for the development of facility grant projects. All projects must comply with these guidelines or other approved methods.

(I) Payments and Inspection:

(a) Partial reimbursement can be made monthly based upon percentage of project completion with submittal of appropriate documentation (invoices, receipts, photographs, etc.). Final reimbursement will be forwarded upon receipt and approval of appropriate final billing documentation, and a satisfactory final inspection by Board staff;

(b) Project sponsors must inform the staff of any alterations to the project, and should provide an early indication of any possible cost overruns or delays which will necessitate a time extension beyond the two year limit;

(c) Reimbursement will not be made for projects initiated or completed prior to approval by the Board and federal granting agency. Recognizing that emergencies may arise, necessitating quick action, applicants with emergencies should contact the Boating Facilities Section Manager for instructions before initiating any improvements;

(d) The Director is authorized to approve minor cost overruns (not to exceed $10,000). Project sponsors must notify the Board of possible overruns prior to incurring them in order to be eligible for possible reimbursement;

(e) Marine Board staff will, within budgetary limitations, inspect each proposed facility site with the grant applicant prior to Board consideration of any grant. A final inspection will, within budgetary limitations, also be made by Marine Board staff prior to the final grant reimbursement;

(f) On-site visits by Marine Board staff shall be made to assure that the facts presented in the application are correct, to furnish Board members such additional data as may be desired, to inspect work in progress, and to perform final project inspections. The public or private project sponsor or third party participant shall agree to give the Board and its authorized agents unrestricted access to the project at all times during the term of the Cooperative Agreement.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 830.110 & 830.150
Stats. Implemented: ORS 830.150
Hist.: MB 8-1995, f. & cert. ef. 11-6-95; OSMB 6-1998, f. & cert. ef. 4-15-98; OSMB 8-2001, f. & cert. ef. 7-30-01; OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07; OSMB 7-2013, f. 10-28-13, cert. ef. 1-1-14

Floatation Encapsulation Rules

250-014-0010

Definitions

For the purposes of OAR 250-014-0010 to 250-014-0090 the following definitions shall apply:

(1) "Addition or Alteration" -- means any change or modification to existing floating structures.

(2) "Applicant" -- means any person or contractor who is completing the pre certification or post event log.

(3) "Approved" -- means the items accepted and formally approved for use in waterways or marine use.

(4) "Board" -- means the State Marine Board.

(5) "Bonded" -- means an effective and permanent means of physical or chemical adhesion.

(6) "Buoy" -- means any public or private floating device used as a waterway marker or a sign for the purpose of a navigation aid.

(7) "Contractor" -- means a business that performs ten (10) or more projects and is registered with the Oregon Construction Board.

(8) "Director" -- means the State Marine Board Director.

(9) "Dock" -- means the same as float or floating structure.

(10) "Encapsulated or Encapsulation" -- means a protective covering or physical barrier between the polystyrene foam floatation and the water.

(11) "Floats or Floating Structure" -- means a structure supported by polystyrene foam floatation and held in place by piling and mooring devices, including but not limited to boathouses, floating homes, marinas, and walkways, boarding floats or combination thereof, representative of one defined project.

(12) "Fuel Floats" -- means any floating structure used to dispense any form of fuel or any floating structure used to store, maintain or repair boat engines.

(13) "Mil(s)" -- means one-one thousand of an inch of thickness or 0.001 of an inch.

(14) "Maintenance and Repair" -- means the reconstruction or renewal of any part of an existing floating structure for the purpose of its maintenance.

(15) "New Construction" -- means any new floating structure.

(16) "Person" -- means an individual at least eighteen (18) years old, a political subdivision or public agency, or any corporation, association, firm, partnership, joint stock company, or quasi-public corporation except contractors as defined by this rule.

(17) "Polystyrene Foam Floatation" -- means all products manufactured from expanded polystyrene foam beads with cell diameters of 0.125" or larger used as floatation.

(18) "Post Certification Log" -- means the he completion of an event log by contractors submitted monthly to the Board for review.

(19) "Pre-Certification Form" -- means the certification form approved by the Board before construction by a person as defined by this rule.

(20) "Project" -- means one floating structure or series of floats physically connected, which would be representative of one defined activity.

(21) "Submersible Polystyrene Device" -- means any molded or expanded type of polystyrene foam used for floatation.

(22) "Treated Wood" -- means dimensional wood or plywood that has been pressure treated by a commercial supplier with preservative, and is acceptable for use in waterways as specified by the EPA.

(23) "Waters of this state" -- means all waters within the territorial limits of this state, the marginal sea adjacent to this state and the high seas when navigated as part of a journey or ride to or from the shore of this state.

Stat. Auth.: ORS 830.110 & 830.950
Stats. Implemented: ORS 830.950
Hist.: MB 4-1992, f. & cert. ef. 3-13-92; OSMB 3-1999, f. & cert. ef. 2-4-99; OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07

250-014-0020

Purpose and Scope

(1) The purpose of this rule is to protect Oregon's waterways, fish and wildlife from polystyrene foam floatation that may escape from floating structures. The intent of this rule is to require the use of appropriate encapsulation method(s) and material(s) that reduce or eliminate deterioration of polystyrene foam and resulting loss of particulate matter into waterways.

(2) These rules recognize that floating structures by their very nature are unique in design and construction methods from land structures. Nothing in this rule is intended to conflict or displace any other relevant local, state or federal; permits, regulations, or health, life and safety codes.

(3) The following rules shall govern the encapsulation of all submersible polystyrene devices placed on the waters of this state.

(4) As of January 1, 1992, no person shall install a submersible polystyrene device on a dock, buoy or float unless the device is encapsulated by a protective covering or is designed to prevent the polystyrene from disintegrating into the waters of this state.

Stat. Auth.: ORS 830.110 & 830.950
Stats. Implemented: ORS 830.950
Hist.: MB 4-1992, f. & cert. ef. 3-13-92; OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07

250-014-0030

Materials and Methods of Encapsulation -- New Construction

(1) Effective methods of encapsulation shall completely cover or be a physical barrier between the polystyrene foam floatation and the water. Small gaps up to 0.75 inch diameter ballast holes are permitted in the physical barrier or covering provided they are 0.1% or less of the square footage of the floating structure.

(2) All materials and methods of encapsulation shall meet Environmental Protection Agency (EPA) or approved material testing requirements for use and placement in waterways and shall be effective for a period not less than ten (10) years. Any fasteners used to hold encapsulation materials together shall be effectively treated or be of such form as to reduce corrosion and decay.

(3) Any polystyrene foam floatation or part thereof installed, removed, replaced or repaired during construction or maintenance activities shall be effectively contained. All unused or replaced polystyrene foam shall be removed from the waters of this state and disposed of in an approved manner at an upland disposal site.

(4) The Board may approve other encapsulation materials, categories or methods, if based on their judgment the proposed alternatives meet or exceed the provision of this rule. The Board shall not approve or endorse specific products of any person or firm.

(5) The following materials or methods of encapsulation are approved:

(a) Treated dimensional wood, 1.5 inches (actual) or more in thickness. Non-Treated dimensional wood 4.0 inches or more in thickness and round wood logs are permitted.

(b) Treated plywood 0.5 inches or more in thickness. Non-Treated marine grade plywood 0.5 inches or more in thickness is permitted.

(c) Concrete 1.0 inch or more in thickness.

(d) Galvanized steel 0.065 inch or 16 gauge or more in thickness.

(e) Liquid coatings, 30 mils or more in thickness, chemically or securely bonded.

(f) Rigid (hard) plastics, 50 mils or more in thickness.

(g) Fiberglass and plastic resins, 30 mils or more in thickness, chemically or securely bonded.

(h) Pliable (soft) plastic sheets, 7 mils or more in thickness, chemically or securely bonded. Multiple layers of single plastic sheets less than 7 mils in thickness are not permitted. The process of using shrink-wrap is permitted.

(6) All fuel floats or floating structures used to store, maintain or repair boat engines shall be encapsulated with materials that are not subject to degradation by fuel oils or products.

Stat. Auth.: ORS 830.110 & 830.950
Stats. Implemented: ORS 830.950
Hist.: MB 4-1992, f. & cert. ef. 3-13-92; OSMB 3-1999, f. & cert. ef. 2-4-99; OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07

250-014-0040

Pre-Certification Encapsulation Form

(1) It is illegal to place any polystyrene foam floatation supporting a new construction project on the waters of the state without prior written approval by the Board.

(2) A Maintenance or Repair project is subject to provisions as specified in Section 250-014-0050. An Alteration or Addition project is subject to provisions as specified in Section 250-014-0060. Buoys and Other Floating Devices are subject to provisions as specified in Section 250-014-0070.

(3) The Applicant shall submit a completed Certification Form for each project to the Board for review and approval. The Certification Form shall be on such forms as required by the Board. Incomplete Certification Forms will not be considered.

(4) The Applicant shall furnish information on the method(s) and material(s) used to encapsulate a floating structure and include any other information deemed necessary by the Board to ascertain compliance with this rule.

(5) If the proposed project is found to be consistent with these rules, the Board shall give the person written approval.

(6) Each approved Certification shall be valid for a period of 20 years or the useful life expectancy of the floating structure.

(7) If the Board finds the proposed project to be inconsistent with these rules, the Board shall notify the person in writing of its findings. The person may alter, amend or modify the method(s) or material(s) used and resubmit an amended Certification Form to the Board.

(8) Any person failing to submit a required Certification Form and who places any non-encapsulated floating structure on the waters of this state shall be found in violation of this rule and be subject to a penalty as specified in Section 250-014-0090.

(9) An approved Encapsulation Certification does not relieve the person from obtaining any other federal, state or local permits, licenses or approval that may be required.

Stat. Auth.: ORS 830.110 & 830.950
Stats. Implemented: ORS 830.950
Hist.: MB 4-1992, f. & cert. ef. 3-13-92; OSMB 3-1999, f. & cert. ef. 2-4-99; OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07

250-014-0041

Post Certification Encapsulation Log

(1) To qualify, for post certification reporting, a contractor must be licensed with the Oregon Contractors Construction Board and perform work at ten (10) or more projects within the State of Oregon each calendar year and report all work on the post certification encapsulation log monthly.

(2) If a contractor performs work at less than ten (10) different projects during a calendar year, the contractor is not eligible for post certification reporting and shall comply with the pre-certification process for persons.

(3) The contractor shall complete and submit a monthly event log listing all foam encapsulation activities. The log is due by the first of each month and shall be received no later than the tenth. The log shall be on the form prescribed by the Board.

(4) Maintenance or Repair projects are subject to provisions as specified in Section 250-014-0050. An Alteration or Addition project is subject to provisions as specified in Section 250-014-0060. Buoys and Other Floating Devices are subject to provisions as specified in Section 250-014-0070.

(5) The Post Certification Log shall be submitted and approved by the Board. The Board shall certify that the individual project listed on the log is in compliance with these rules. Board certification is valid for a period of 20 years or the useful life expectancy of the floating structure.

(6) If the Board finds any completed project listed on the log to be inconsistent with these rules, the Board shall notify the contractor in writing of its findings. The contractor shall perform any corrective actions(s) necessary to comply with these rules.

(7) Any contractor failing to submit a required Post Certification Encapsulation Log and placing any non-encapsulated floating structure on the waters of this state shall be found in violation of this rule and be subject to a penalty as specified in Section 250-014-0090 and shall not be eligible for Contractor Post Certification for one calendar year.

(8) The completion and submittal of a Post Certification Log does not relieve the contractor from obtaining any other federal, state or local permits, licenses or approval that may be required.

Stat. Auth.: ORS 830.110 & 830.950
Stats. Implemented: ORS 830.950
Hist.: OSMB 3-1999, f. & cert. ef. 2-4-99; OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07

250-014-0050

Maintenance or Repair of Existing Structures

(1) A applicant may repair or maintain an existing floating structure placed on the waters of this state prior to January 1, 1992 with like materials in a like manner.

(2) All repair or maintenance construction activities shall comply with the provisions in Section 250-014-0030(3).

(3) Any repairs or maintenance requiring the replacement of more than ten percent (10%) in square footage of a floating structure shall comply to provisions as specified in the New Construction Section 250-014-0030.

Stat. Auth.: ORS 830.110 & 830.950
Stats. Implemented: ORS 830.950
Hist.: MB 4-1992, f. & cert. ef. 3-13-92; OSMB 3-1999, f. & cert. ef. 2-4-99

250-014-0060

Alteration or Addition of Existing Facilities

Any Alteration or addition of an existing floating structure which leads to an increase in the square footage of that floating structure, must comply with the provisions as specified in the New Construction OAR 250-014-0030.

Stat. Auth.: ORS 830.110 & 830.950
Stats. Implemented: ORS 830.110 & 830.950
Hist.: MB 4-1992, f. & cert. ef. 3-13-92

250-014-0070

Buoys and Other Floating Devices

(1) All polystyrene foam private or public buoys, markers, ski floats, bumpers, fish trap markers or similar devices shall be encapsulated in accordance with the New Construction OAR 250-014-0030.

(2) An Encapsulation Certification Form is not required for this section.

Stat. Auth.: ORS 830.110 & 830.950
Stats. Implemented: ORS 830.110 & 830.950
Hist.: MB 4-1992, f. & cert. ef. 3-13-92

250-014-0080

Exemptions

(1) This rule does not apply to construction, maintenance or operation of boats or vessels.

(2) Any polystyrene foam device manufactured into extruded closed cell beads 0.125 inch or smaller, approved for marine use, is exempt.

(3) No exemptions shall apply to any polystyrene foam device used to support fuel floats, docks, or floating structures used to store, maintain or repair boat engines. These structures must comply with New Construction OAR 250-014-0030.

Stat. Auth.: ORS 830.110 & 830.950
Stats. Implemented: ORS 830.110 & 830.950
Hist.: MB 4-1992, f. & cert. ef. 3-13-92; OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07

250-014-0090

Inspection and Penalties

(1) The Board and all peace officers shall be responsible for the enforcement of these rules and, upon proper and reasonable notification to the owner of any structure, float or like device, may board and conduct an inspection to ascertain compliance with these rules.

(2) The Director may order any person in violation of this rule to perform reasonable corrective actions in a timely manner.

(3) Any person who violates this rule commits a Class A misdemeanor, ORS 830.990.

Stat. Auth.: ORS 830.110 & 830.950
Stats. Implemented: ORS 830.110 & 830.950
Hist.: MB 4-1992, f. & cert. ef. 3-13-92

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