Alaskan Sea-Duction
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Below is some internal communication between RBAW and Washingtion DoE:
FW: Ecology completes rulemaking process to make Puget Sound a No Discharge Zone
Yahoo/Inbox
• Wayne Gilham <wayne@flowdesignsurvey.com>
To:'Thomas Teseniar'
Apr 12 at 12:30 PM
Tom: pursuant to your concerns, RBAW’s lobbyist Doug Levy just obtained today, answers from DoE on implementation and enforcement of the NDZ… reaffirming the info I provided you yesterday. All the attached is a matter of public record, so we feel quite comfortable sharing this with you. It’s up to you how far you want to “dive into the weeds”, but the various DoE documents are an interesting read… We intend to do some outreach to our constituents, on just what actions are required of boaters to meet these NDZ requirements, once some of the “unknowns” are clarified.
Regards,
Wayne Gilham
President RBAW
Tacoma WA
cell: 253 318 9873
From: Doug Levy <Doug@Outcomesbylevy.onmicrosoft.com>
Sent: Thursday, April 12, 2018 8:41 AM
To: 'wayne@flowdesignsurvey.com' <wayne@flowdesignsurvey.com>; 'stevefinney@comcast.net' <stevefinney@comcast.net>; lawalker3@comcast.net; Chuck <cdgii@aol.com>; Linda <newlan2dl@aol.com>; Peter Schrappen (Peter@nmta.net) <Peter@nmta.net>
Subject: FW: Ecology completes rulemaking process to make Puget Sound a No Discharge Zone
RBAW Board Officers – also copying Peter @ NMTA:
Steve Finney asked me to check on enforcement plans vis-à-vis NDZ if it indeed takes effect May 10th. Here’s what I received from Amy Jankowiak. She also links the implementation plan – here’s a refreshed link to the 22-page strategy document I reviewed:
https://fortress.wa.gov/ecy/publications/documents/1610016.pdf
This leaves a fair # of unknowns. It does re-affirm what we heard in our meeting a few months back – where education/outreach/awareness will be points of emphasis in early years.
Doug Levy, Owner
Outcomes By Levy, LLC
(425)922-3999 – office/cell
Doug@outcomesbylevy.onmicrosoft.com
From: Jankowiak, Amy (ECY) <AJAN461@ECY.WA.GOV>
Sent: Wednesday, April 11, 2018 9:17 AM
To: Doug Levy <Doug@Outcomesbylevy.onmicrosoft.com>
Cc: Bartlett, Heather (ECY) <heba461@ECY.WA.GOV>
Subject: RE: Ecology completes rulemaking process to make Puget Sound a No Discharge Zone
Doug,
I am responding on Heather’s behalf as she is at offsite meetings for a couple of days and we wanted to get back to you right away.
Thanks for the question. Ecology’s approach is first and foremost outreach and education, as we work with partners in the NDZ Enforcement Committee and NDZ Outreach and Education Committee. The Rule does include enforcement authorities for Ecology, the USCG, and potentially others such as Washington State Fish and Wildlife as authorized. And while the rule does include enforcement, Ecology’s commitment is to emphasize in the near term (next year or two) outreach and education for those who aren’t exempt as we coordinate with the outreach and education committee. And, we are working with the enforcement committee on a practical and efficient approach to enforcement now and in the out years.
Further information on the implementation can be found at:
Ecology’s Rule Implementation Plan: https://fortress.wa.gov/ecy/publications/SummaryPages/1810012.html
Ecology’s No Discharge Zone Implementation Strategy, A Framework for Action document: https://fortress.wa.gov/ecy/publications/SummaryPages/1610016.html
Let me know if you need anything else.
Sincerely,
Amy
Amy Jankowiak
Department of Ecology, Northwest Regional Office
Water Quality Program
3190 160th Avenue SE, Bellevue WA 98008
Desk: (425) 649-7195 Cell: (425) 429-4259
amy.jankowiak@ecy.wa.gov
From: Doug Levy [mailtooug@Outcomesbylevy.onmicrosoft.com]
Sent: Tuesday, April 10, 2018 2:39 PM
To: Bartlett, Heather (ECY) <heba461@ECY.WA.GOV>; Jankowiak, Amy (ECY) <AJAN461@ECY.WA.GOV>
Subject: FW: Ecology completes rulemaking process to make Puget Sound a No Discharge Zone
Heather and Amy:
When we met with you a few months back the whole question of enforcement and who does what was still being sorted out.
You folks also let us know that the focus to the maximum extent practicable would be on voluntary compliance, education and awareness, and the like.
Can either/both of you update on where all that stands?
Doug Levy, Owner
Outcomes By Levy, LLC
(425)922-3999 – office/cell
Doug@outcomesbylevy.onmicrosoft.com
From: Galleher, Stacy (ECY) <sgal461@ECY.WA.GOV>
Sent: Tuesday, April 10, 2018 10:15 AM
To: Jankowiak, Amy (ECY) <AJAN461@ECY.WA.GOV>
Subject: Ecology completes rulemaking process to make Puget Sound a No Discharge Zone
On April 9, 2018, the Department of Ecology adopted Chapter 173-228 WAC, Vessel Sewage No Discharge Zones, as directed by chapter 90.48.RCW.
What does WAC 173-228 do?
Chapter 173-228 WAC prohibits the release of sewage (black water) from vessels, whether treated or not into the Puget Sound No Discharge Zone. The rule applies to all vessels in the Puget Sound No Discharge Zone.
The Puget Sound No Discharge Zone covers approximately 2,300 square miles of marine waters of Washington State inward from the line between New Dungeness Lighthouse and the Discovery Island Lighthouse to the Canadian border, and fresh waters of Lake Washington, Lake Union, and connecting waters between and to Puget Sound.
When does the rule become effective?
This chapter becomes effective May 10, 2018.
Where can I find the rule language and other documents for the adopted chapter?
The rule language, and other supporting documents are available on the No Discharge Zone Rule Webpage.
The adoption documents include:
• Rule adoption form (CR-103)
• Adopted rule language
• Final Regulatory Analyses
• Rule Implementation Plan
• Concise Explanatory Statement - contains our responses to public comments
You can read all the comments we received here.
What changed from the proposed rule to the adopted rule?
We made changes to the rule in response to comments received during the formal comment period.
The changes to the rule:
• Clarified Code of Federal Regulations (C.F.R.) reference for vessels with installed and operable toilets.
• Specified which subsection of 33 C.F.R. that pertains to this rule.
We made the following edits to the rule language. The strikethrough text was removed from the language, and the underlined text was added to the language.
WAC 173-228-040 Vessel sewage management in no discharge zones.
Vessel sewage must be managed in no discharge zones.
(1) Vessels with installed and operable toilets must have a Type III marine sanitation device to allow for complete and adequate sewage holding capacitybe in compliance with 40 C.F.R Part 140 with the ability to hold or stop discharges of sewage while in a no discharge zone.
(2) Vessels with marine sanitation devices must secure the devices to prohibit the discharge of sewage per 33 C.F.R. 159.7(b) while in no discharge zone waters.
What do vessels need to do once WAC 173-228 is effective?
Vessels are required to comply with this chapter on the effective date of May 10, 2018, with a delayed implementation for certain commercial vessels as defined in the rule. There is no change for graywater discharges. Information about delayed implementation, pumpout options, how to manage vessel sewage, a map of the Puget Sound No Discharge Zone and additional information is available on the No Discharge Zone webpage.
For assistance with compliance, please contact your regional Water Quality Program.
• Central Regional Office, Water Quality Administration: 509-454-7888
• Eastern Regional Office, Water Quality Administration: 509-329-3557
• Northwest Regional Office, Water Quality Administration: 425-649-7105
• Southwest Regional Office, Water Quality Administration: 360-407-6270
Can I appeal the adoption of this chapter?
You may appeal this adoption under procedures described in the Administrative Procedure Act (RCW 34.05), including those found in RCW 34.05.330.
What if I need special accommodations?
To ask about the availability of this document in a version for the visually impaired, call the Water Quality Program at 360-407-6600. Persons with hearing loss, call 711 for Washington Relay Service. Persons with a speech disability, call 877-833-6341.
Who can I contact for more rulemaking information?
For more information, please contact Amy Jankowiak at 425-649-7195 or amy.jankowiak@ecy.wa.gov.
FW: Ecology completes rulemaking process to make Puget Sound a No Discharge Zone
Yahoo/Inbox
• Wayne Gilham <wayne@flowdesignsurvey.com>
To:'Thomas Teseniar'
Apr 12 at 12:30 PM
Tom: pursuant to your concerns, RBAW’s lobbyist Doug Levy just obtained today, answers from DoE on implementation and enforcement of the NDZ… reaffirming the info I provided you yesterday. All the attached is a matter of public record, so we feel quite comfortable sharing this with you. It’s up to you how far you want to “dive into the weeds”, but the various DoE documents are an interesting read… We intend to do some outreach to our constituents, on just what actions are required of boaters to meet these NDZ requirements, once some of the “unknowns” are clarified.
Regards,
Wayne Gilham
President RBAW
Tacoma WA
cell: 253 318 9873
From: Doug Levy <Doug@Outcomesbylevy.onmicrosoft.com>
Sent: Thursday, April 12, 2018 8:41 AM
To: 'wayne@flowdesignsurvey.com' <wayne@flowdesignsurvey.com>; 'stevefinney@comcast.net' <stevefinney@comcast.net>; lawalker3@comcast.net; Chuck <cdgii@aol.com>; Linda <newlan2dl@aol.com>; Peter Schrappen (Peter@nmta.net) <Peter@nmta.net>
Subject: FW: Ecology completes rulemaking process to make Puget Sound a No Discharge Zone
RBAW Board Officers – also copying Peter @ NMTA:
Steve Finney asked me to check on enforcement plans vis-à-vis NDZ if it indeed takes effect May 10th. Here’s what I received from Amy Jankowiak. She also links the implementation plan – here’s a refreshed link to the 22-page strategy document I reviewed:
https://fortress.wa.gov/ecy/publications/documents/1610016.pdf
This leaves a fair # of unknowns. It does re-affirm what we heard in our meeting a few months back – where education/outreach/awareness will be points of emphasis in early years.
Doug Levy, Owner
Outcomes By Levy, LLC
(425)922-3999 – office/cell
Doug@outcomesbylevy.onmicrosoft.com
From: Jankowiak, Amy (ECY) <AJAN461@ECY.WA.GOV>
Sent: Wednesday, April 11, 2018 9:17 AM
To: Doug Levy <Doug@Outcomesbylevy.onmicrosoft.com>
Cc: Bartlett, Heather (ECY) <heba461@ECY.WA.GOV>
Subject: RE: Ecology completes rulemaking process to make Puget Sound a No Discharge Zone
Doug,
I am responding on Heather’s behalf as she is at offsite meetings for a couple of days and we wanted to get back to you right away.
Thanks for the question. Ecology’s approach is first and foremost outreach and education, as we work with partners in the NDZ Enforcement Committee and NDZ Outreach and Education Committee. The Rule does include enforcement authorities for Ecology, the USCG, and potentially others such as Washington State Fish and Wildlife as authorized. And while the rule does include enforcement, Ecology’s commitment is to emphasize in the near term (next year or two) outreach and education for those who aren’t exempt as we coordinate with the outreach and education committee. And, we are working with the enforcement committee on a practical and efficient approach to enforcement now and in the out years.
Further information on the implementation can be found at:
Ecology’s Rule Implementation Plan: https://fortress.wa.gov/ecy/publications/SummaryPages/1810012.html
Ecology’s No Discharge Zone Implementation Strategy, A Framework for Action document: https://fortress.wa.gov/ecy/publications/SummaryPages/1610016.html
Let me know if you need anything else.
Sincerely,
Amy
Amy Jankowiak
Department of Ecology, Northwest Regional Office
Water Quality Program
3190 160th Avenue SE, Bellevue WA 98008
Desk: (425) 649-7195 Cell: (425) 429-4259
amy.jankowiak@ecy.wa.gov
From: Doug Levy [mailtooug@Outcomesbylevy.onmicrosoft.com]
Sent: Tuesday, April 10, 2018 2:39 PM
To: Bartlett, Heather (ECY) <heba461@ECY.WA.GOV>; Jankowiak, Amy (ECY) <AJAN461@ECY.WA.GOV>
Subject: FW: Ecology completes rulemaking process to make Puget Sound a No Discharge Zone
Heather and Amy:
When we met with you a few months back the whole question of enforcement and who does what was still being sorted out.
You folks also let us know that the focus to the maximum extent practicable would be on voluntary compliance, education and awareness, and the like.
Can either/both of you update on where all that stands?
Doug Levy, Owner
Outcomes By Levy, LLC
(425)922-3999 – office/cell
Doug@outcomesbylevy.onmicrosoft.com
From: Galleher, Stacy (ECY) <sgal461@ECY.WA.GOV>
Sent: Tuesday, April 10, 2018 10:15 AM
To: Jankowiak, Amy (ECY) <AJAN461@ECY.WA.GOV>
Subject: Ecology completes rulemaking process to make Puget Sound a No Discharge Zone
On April 9, 2018, the Department of Ecology adopted Chapter 173-228 WAC, Vessel Sewage No Discharge Zones, as directed by chapter 90.48.RCW.
What does WAC 173-228 do?
Chapter 173-228 WAC prohibits the release of sewage (black water) from vessels, whether treated or not into the Puget Sound No Discharge Zone. The rule applies to all vessels in the Puget Sound No Discharge Zone.
The Puget Sound No Discharge Zone covers approximately 2,300 square miles of marine waters of Washington State inward from the line between New Dungeness Lighthouse and the Discovery Island Lighthouse to the Canadian border, and fresh waters of Lake Washington, Lake Union, and connecting waters between and to Puget Sound.
When does the rule become effective?
This chapter becomes effective May 10, 2018.
Where can I find the rule language and other documents for the adopted chapter?
The rule language, and other supporting documents are available on the No Discharge Zone Rule Webpage.
The adoption documents include:
• Rule adoption form (CR-103)
• Adopted rule language
• Final Regulatory Analyses
• Rule Implementation Plan
• Concise Explanatory Statement - contains our responses to public comments
You can read all the comments we received here.
What changed from the proposed rule to the adopted rule?
We made changes to the rule in response to comments received during the formal comment period.
The changes to the rule:
• Clarified Code of Federal Regulations (C.F.R.) reference for vessels with installed and operable toilets.
• Specified which subsection of 33 C.F.R. that pertains to this rule.
We made the following edits to the rule language. The strikethrough text was removed from the language, and the underlined text was added to the language.
WAC 173-228-040 Vessel sewage management in no discharge zones.
Vessel sewage must be managed in no discharge zones.
(1) Vessels with installed and operable toilets must have a Type III marine sanitation device to allow for complete and adequate sewage holding capacitybe in compliance with 40 C.F.R Part 140 with the ability to hold or stop discharges of sewage while in a no discharge zone.
(2) Vessels with marine sanitation devices must secure the devices to prohibit the discharge of sewage per 33 C.F.R. 159.7(b) while in no discharge zone waters.
What do vessels need to do once WAC 173-228 is effective?
Vessels are required to comply with this chapter on the effective date of May 10, 2018, with a delayed implementation for certain commercial vessels as defined in the rule. There is no change for graywater discharges. Information about delayed implementation, pumpout options, how to manage vessel sewage, a map of the Puget Sound No Discharge Zone and additional information is available on the No Discharge Zone webpage.
For assistance with compliance, please contact your regional Water Quality Program.
• Central Regional Office, Water Quality Administration: 509-454-7888
• Eastern Regional Office, Water Quality Administration: 509-329-3557
• Northwest Regional Office, Water Quality Administration: 425-649-7105
• Southwest Regional Office, Water Quality Administration: 360-407-6270
Can I appeal the adoption of this chapter?
You may appeal this adoption under procedures described in the Administrative Procedure Act (RCW 34.05), including those found in RCW 34.05.330.
What if I need special accommodations?
To ask about the availability of this document in a version for the visually impaired, call the Water Quality Program at 360-407-6600. Persons with hearing loss, call 711 for Washington Relay Service. Persons with a speech disability, call 877-833-6341.
Who can I contact for more rulemaking information?
For more information, please contact Amy Jankowiak at 425-649-7195 or amy.jankowiak@ecy.wa.gov.