S. 2766 would amend the Federal Water Pollution Control Act to address certain discharges incidental to the normal operation of a recreational vessel.
Detailed Summary
<b>(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)</b>
Clean Boating Act of 2008 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to provide that no permit shall be required by the Administrator of the Environmental Protection Agency (EPA) under the national pollutant discharge elimination system for the discharge from a recreational vessel of graywater, bilge water, cooling water, weather deck runoff, oil water separator effluent, or effluent from properly functioning marine engines or for any other discharge that is incidental to the normal operation of such vessel.
Defines a "recreational vessel" as any vessel that is leased, rented, or chartered to a person for that person's pleasure or that is manufactured or used primarily for pleasure, excluding vessels that are subject to Coast Guard inspection and that are engaged in commercial use or that carry paying passengers.
Requires the Administrator to: (1) determine the discharges that are incidental to the normal operation (excluding sewage) of a recreational vessel for which it is reasonable and practicable to develop management practices to mitigate adverse impacts on U.S. waters within a year of this Act's enactment and to review such determinations every five years; and (2) develop management practices for recreational vessels to mitigate the adverse impacts of such discharges on U.S. waters. Directs the Administrator, in determining what discharges are incidental to normal operations, to consider: (1) the nature of the discharge; (2) its environmental effects; (3) the practicability of using a management practice; (4) the effect that such practice would have on the operation, operational capability, or safety of the vessel; (5) applicable federal and state law and international standards; and (6) the economic costs of the use of the management practice.
Requires the Administrator to: (1) promulgate federal standards of performance (which may distinguish among vessel types) for each discharge for which such a management practice is developed; and (2) review them every five years. Requires the Secretary of the department in which the Coast Guard is operating to promulgate regulations governing the design, construction, installation, and use of management practices for recreational vessels as necessary to meet such standards. Prohibits a recreational vessel from operating in or discharging in U.S. waters if such owner or operator is not using applicable management practices in compliance with such regulations.
Status of the Legislation
Latest Major Action: 7/25/2008: Presented to President.
Points in Favor
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Points Against
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Visitor Comments
Dawn DiMeola
As a resident of the State of Florida I am very disappointed in our Delegate Bill Nelson. To put up a bill that reverses the protection of our beautiful natural resource the ocean. Consider the impact that this will have on our environment. There is a significant number of recreational boaters in the state for Florida along and to sit back allow all of them now to dump their engine water dirt and boat runoff into our canal and water ways would be a seriouse attack on our wildlife and water quality that we currently enjoy. When do we finally stand up and start protecting our environment rather than continuing to pollute it.
Jack Schwab
As the owner of an open 17 foot outboard powered fishing boat, I do not believe this bill (S2766)should apply to ALL boats, just the ones that have the possibility of polluting in the normal course of their regular use (grey, bilge or cooling water); there is no sense in requiring ALL boats to be licensed in this manner.
John Arzie
Jack,
Bill S.2766 and HR 5949 are being introduce to help protect recreational boating as we currrently know it. Without these proposals after Oct 2008 you will be required to have a permit for all waters your boat discharges. You can also be subject to citzen lawsuits for those discharges under the current EPA propsal and subjected to fines up to $32,500 per day.
Dawn,
Mr nelson is not putting forth a Bill that reverses the protection of our resources. He is making permenant what has been the standard for the last 35 years. Also under the Bills there is more money available to monitor the current discharges and allows individual states to take action where they see fit.
Bob Hoyle
If either of the 2 bills are NOT passed, it will just be another tax on recreational boaters.There are already laws prohibiting discharge from boats ,, like I said big government trying to tax
Roland Beander
The District Court of Northern Califonia ruled that the EPA cannot ecempt any vessels from the required pollutant discharge process. That this process is about are bilge tanks that collects the excess deisel and oils from ocean going ships. My little sail boad can fit inside a typical bilge tank, and most recreational boats do not have them, but I would be required to get the permit for it anyway. S.2766 would prevent this ruling from potentially ruining the recreational boating industry. There are already laws about discharges from recreational boats which does protect the environment.
Bruce Brown
The passage of this bill brings the original intent of the Clean Water Act into force. It was designed to control commercial ships from discharge of bilge water and waste water into Federal Regulated Waters. It was not intended to impact recreational boaters.
This bill is an effort to clarify the original legislation, after the courts brought the impact of the law into force on all vessels engaged on our waters.
James Campbell
The court's decision to apply this Act to private vessels and all discharges is to carry government overreach to the extreme. Fuel, oil & sewage discharges are already PROHIBITED. This act would require permitting, not prohibition, of harmless discharges such as engine cooling water, bilge water--primarily from leaks and rain, grey water from showers and washing, and even deck runoff which can not be controlled. This original law was intended to control commercial ballast water, not incidental discharge from recreational boats.
Old Fisherman
Do they also mean that because the he "Old Man and the Sea" intended to sell (commercial) his fish when he got home,that his rowboat needs to have a discharge permit to use a sardine can to bail out his bilge? -------- Yea right !!
Capt Gregg
This legislation is far reaching and well outside of the scope of its original intent to protect waterways from large ocean going ships from dumping their bilge and waste water. It should not include small recreational vessels and incidental discharge.
Robert Manyen
As a charter boat operator on the Great Lakes we are obligated by the Coast Guard and the law not to dump oil of gas into the water. We are inspected every 2 years by our Department of Conservation to make sure our boats are in good running order and withing emmission paramertors. When washing down my boat, I/we use Biodegradable soaps to do so. Bigger Boats/Ships may need such a law, but the smaller crafts certainly do not.
Captain Hoppenero
The charter captains of the Great Lakes are the most informed and the best Stuarts of the Great Lakes. We already have D.N.R and Coast Guard Regs regulating gray water and bilge water spills. This bill goes way beyond the target of large oceangoing freighters.
this bill does not need to encompass charter boats.Our biggest threat are all the invasive species that are changing the great lakes!