Chapter 17.45
SANITATION
Sections:
17.45.010 Piers, Docks and Floats.
17.45.020 Required Pumpout Facilities.
17.45.030 Waste and Refuse—Small Vessel Moorage.
17.45.010 Piers, Docks and Floats.
A. A permit for a pier, dock or float shall not be issued until the rough plumbing for the dwelling unit or the required sanitation facilities serving such pier, dock or float has been installed and approved by the City Building Department. The use of a pier, dock or float will not be allowed until any required sanitation facilities are completed and in operation.
B. All public or private commercially operated shore-connected boat marinas shall have a minimum of two restroom facilities, one for women and one for men, for each twenty (20) berthing spaces available in the marina. The walking distance from the farthest boat berth to the restroom facility should be minimized to the extent possible, and shall not exceed a maximum of one thousand (1,000) feet in overall walking distance.
C. Sewage Pumping Facilities. Permission may be granted to install and operate sewage pumping facilities for boats moored to shore-connected structures providing such installations are first approved by the Harbor Resources Division and the Building Department. (Ord. 2008-2 § 1 (part), 2008)
17.45.020 Required Pumpout Facilities.
A. Findings and Purpose. The City Council finds and declares as follows:
1. On July 14, 1986, the City Council created the Coastal Bay Water Quality Citizens Advisory Committee in response to growing concerns about the deterioration of the quality of water in Newport Bay. The committee was specifically empowered to develop information, and make recommendations, on proposed measures to improve water quality of the bay.
2. The Coastal Bay Water Quality Citizens Advisory Committee has, since its inception, conducted monthly meetings and received testimony from representatives of the Regional Water Quality Control Board, the Orange County Health Department, the Harbor Master, businesses that utilize Newport Bay, and experts in the field of water quality.
3. The Committee has determined, based upon testimony presented to it, that there are valid reasons for concern about contamination of bay waters and the Pacific Ocean caused by the discharge of treated or untreated human waste from vessels using the harbor and the Pacific Ocean.
4. The United States Environmental Protection Agency has determined that recreational swimmers exposed to waters contaminated by human waste are at a higher risk of developing gastrointestinal diseases.
5. The failure to take steps to control the discharge of treated or untreated human waste into the bay and the Pacific Ocean could result in a quarantine for water contact sports, a prohibition against gathering of shellfish from the waters of Newport Harbor and the Pacific Ocean and may lead to the onset and spread of disease in humans.
6. The discharge of treated or untreated human waste into the waters of Newport Bay and the Pacific Ocean, if allowed to continue, could jeopardize the economic viability of businesses which utilize, or are located on Newport Bay and the Pacific Ocean, and severely restrict recreational use of the bay and the Pacific Ocean.
7. The number of public pumpout facilities in Newport Harbor to serve the number of vessels using the harbor and the location of those facilities are not convenient to a large number of vessels that require pumpout of holding tanks. Substantial quantities of human waste have been discharged directly into the bay because of the lack of adequate pumpout facilities.
8. The heaviest commercial users of the bay, and those which have the greatest need for adequate pumpout facilities, are sailing clubs, marine activity permittees, and certified charter operations that load and unload passengers at the docks of harbor permittees located in commercial zones.
9. The installation and use of pumpout facilities by the heaviest commercial users of Newport Bay will help insure that bacteria, coliform and human pathogen levels remain below those which would cause the adverse impacts described in this section.
B. Pumpout Facility Required.
1. All sailing clubs, marinas with a capacity of fifty (50) or more vessels and marine activity permittees engaged in providing vessels for lease or charter shall install a vessel waste pumpout system solely for the use of vessels associated with that activity. The pumpout facility shall be installed on dock space under the control of the club or permittee with convenient access to all vessels, owned, leased or chartered by the club or permittee. The pumpout facility shall have a capacity commensurate with the capacity of the holding tanks of the vessel or vessels of the club or permittee.
2. All pumpout facilities required by this chapter shall be installed pursuant to permit issued by the Harbor Resources Manager. Application for permit shall be made on forms prepared, and furnished, by the Harbor Resources Manager. No fee shall be charged for the issuance of the pumpout facility permit or any other permit required prior to installation.
3. The application for permit shall be accompanied by appropriate plans and specifications setting forth in detail the work to be done.
4. The application, plans and specifications required by this chapter shall be reviewed by the Harbor Resources Manager to determine if the proposed work meets all requirements of this chapter and other provisions of the Newport Beach Municipal Code. The Harbor Resources Manager shall issue the permit if the proposed pumpout station complies with all applicable ordinances, rules and regulations. A separate permit will be required from the Building Director prior to installation of the pumpout facility.
C. Maintenance. Permittee shall maintain the pumpout facility in good condition and repair at all times. (Ord. 2008-2 § 1 (part), 2008) (Ord. No. 2009-2, §§ 6—8, 1-27-2009)
17.45.030 Waste and Refuse—Small Vessel Moorage.
A. Discharge of Treated or Untreated Human or Animal Excreta. No person shall discharge, permit or allow any other person on a vessel under his control or command to discharge any treated or untreated human or animal excreta from any head, toilet or similar facility on a vessel into the waters of Newport Bay or the Pacific Ocean.
B. Vessel Holding Tank Requirements.
1. Vessel Wastes. No person shall own or operate a vessel equipped with any head (toilet) or receptacle for human body wastes in the waters of Newport Bay or the Pacific Ocean unless it complies with all applicable Federal, State, County and City standards.
2. Marina Pumpout Facilities. The owner and operator of every commercial marina with a capacity of fifty (50) or more vessels shall provide a permanent holding tank pumpout facility or equivalent services which are operable and available for use at all times and which are capable of servicing all vessels berthed, docked, or moored at the marina.
C. Refuse in Navigable Waters. No person shall throw, discharge, deposit or leave or cause, suffer or permit to be thrown, discharged, deposited or left, either from the shore or from any pier or vessel or from any factory or elsewhere, any refuse matter of any description, into the navigable waters of Newport Harbor or on the shore of Newport Harbor or any navigable water within the boundaries of the City where the same may be washed into Newport Harbor or such navigable water, either by tides, or by floods or otherwise.
D. Refuse and Vessels on Shoreline. No person shall place or allow vessels, boats, materials, garbage, refuse, timber or waste matter of any description to remain on or upon the shorelines of the Pacific Ocean or on the shorelines of Newport Harbor within the City. The Harbor Resources Manager may remove the same with or without notice, at his option, and the cost thereof may be recovered from any person owning the same, or placing or causing it to be placed on the shoreline, in a civil action.
E. Refuse—Marinas and Piers. Any owner or operator of a marina or any owner or permit holder who maintains a pier shall keep the area in and around such marina or pier located on the shorelines of Newport Harbor within the City reasonably free and clear from beached or floating refuse, debris or litter at all times.
F. Discharge of Flammable Materials. No person shall pump or discharge from any vessel or tank into the waters of Newport Harbor, oil, spirits, or any flammable liquid, or deposit any rubbish, refuse matter or articles of any similarly offensive character therein or upon any pier or street leading to such facility.
G. Dead Animals. No person shall throw, place or leave any dead animal or putrefying matter in the waters of Newport Harbor, or on or along the shore thereof or the shore of any tidewater within the City.
H. Signs Concerning Sanitation Regulations. The owner or operator of any commercial boat docking facility or marina located on the waters of Newport Bay shall install and maintain at his expense in conspicuous locations on the premises thereof standard signs to inform the public of the regulations prohibiting the discharge of toilets on any vessel into the waters of Newport Bay and other provisions of this title which relate to harbor sanitation. Uniform standards and specifications for the design and general locations of such signs shall be prescribed by the Harbor Commission. (Ord. 2008-2 § 1 (part), 2008) (Ord. No. 2009-2, §§ 9, 10, 1-27-2009)