State
Oregon
OAR Chapter 14 Oregon State Marine Board MARINE FACILITY PROGRAM RULES


The Oregon Administrative Rules contain OARs filed through April 14, 2006
 
OREGON STATE MARINE BOARD
  
DIVISION 14 

MARINE FACILITY PROGRAM RULES

  

250-014-0001 

Definitions 

For the purposes of OAR-250-14-001 to 250-14-005, the following definitions shall apply: 

(1) "Annual Maintenance" means routine maintenance and operation activities performed on an annual basis when the facility is open to public use. 

(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 used for temporary short term use for loading or off loading from a boat. Floats are normally 6 to 8 ft. wide. 

(5) "Boat Ramp" means an inclined hard surface consisting of asphalt or concrete used to launch and retrieve boats. One lane normally is 15 to 20 ft wide. 

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

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

(8) "Emergency Maintenance Assistance Program" ("E-MAP") means emergency funds provided to eligible facilities with extraordinary or emergency maintenance that occurs beyond routine or annual activities. 

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

(10) "Grounds" means the area at or immediately adjacent to an improved boating facility and includes garbage pickup and maintenance activities to include, turf, vegetation, trees/shrubs, bank stabilization and small picnic areas. 

(11) "Improved Public Marine Facility" -- Includes improved public facilities, boat ramps, boarding floats, parking areas, access roads, restrooms, grounds, transient tie-up floats and vessel waste collection facilities. 

(12) "Maintenance Assistance Program" ("MAP"), means funding assistance to eligible public participants for the routine maintenance and operations of improved facilities. Funds are provided on an allocation basis. 

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

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

(15) "Motorized Use Site" means a boating facility where annual use (70% or more) is by registered boats. 

(16) "Non-Motorized Use Site" means a boating facility where the predominant annual use (30% or less) is by registered boats. 

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

(18) "Parking Area" means a developed gravel and/or asphalt surface with a least 6 boat trailer spaces (10' x 40') and two single car spaces (10' x 20') associated with a boat ramp. Includes any required accessible parking spaces. 

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

(20) "Public Facility Grant Project" means a project to acquire property, or develop, improve, rehabilitate or replace public marine facilities. 

(21) "Private Facility Grant Project" means a project to develop, improve, rehabilitate or replace private marina facility vessel waste collection systems and transient tie-up facilities. 

(22) "Public Marine Facility" or "Public Boating Facility" -- Includes public launch ramps, parking, boarding floats, transient moorages, restrooms, access roads, pump out stations, signing and water markers, potable water systems and related facilities for the use and convenience of the boating public. 

(23) "Private Marine Facility" or "Private Marina Facility" -- Includes 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. 

(24) "Procedure Guide" means The Public Facility Grant Program Procedure Guide and Private Vessel Waste Collection and Boating Infrastructure Grant Program Procedure Guide, published by the Board. 

(25) "Public Project Sponsor," "Eligible Public Participants," or "Public Entity" includes publicly owned and operated boating facilities by cities, counties, park and recreation districts, port districts and state agencies as specified in the rules. 

(26) "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 which operates a marina facility as specified in the rules. 

(27) "Restrooms" means all types of landside facilities used to collect human waste to include flush, vault, composting and portable toilets. May include one or more stalls (urinal and/or toilet). 

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

(29) "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. 

(30) "Transient Tie-Up" means a floating structure used for short term (72 hour or less) boat tie-up (no annual, seasonal or homeport moorage slips) at least 100 ft long broadside tie-up or space for mooring at least 6 non-trailered boats. 

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

(32) "Vessel Waste Collection System" includes all types of stationary or portable systems that pumps or removes human waste from recreational boats holding tank or porta potty. This includes pumpouts, dump stations, related forward sewage lift stations, necessary floats, piles, and gangways, and related facilities. 

(33) "Vessel Waste Collection Grant Program" means the program authorized by ORS 830.150. Funds are available for the development and rehabilitation of vessel waste collection systems at public and private marine facilities available to, and ordinarily used by, recreational boats. 

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

Stat. Auth.: ORS 830.110 & ORS 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 

250-014-0002 

Eligibility 

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

(2) The Vessel Waste Collection 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. 

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

Stat. Auth.: ORS 830.110 & ORS 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 

250-014-0003 

Marine 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 of the public using those boating facilities. 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 match may be a hard match of dollars, or a soft match of "in-kind" services such as administration, design, labor, and engineering as set forth in the Procedures Guide. 

(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) Projects may be submitted by: 

(A) Cities; 

(B) Counties; 

(C) Park and Recreation Districts; 

(D) Port Districts; 

(E) State Agencies. 

(F) In addition, Counties with consent of the County Commission may sponsor a Federal Agency participant such as U.S. Forest Service, Bureau of Land Management or 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 judgement 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 agencies which 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 facility grant, the applicant should contact the Oregon 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: Facility Program, Oregon State Marine Board, PO Box 14145, 435 Commercial St NE, Salem, OR 97309-5065, Phone: (503) 378-8587. 

(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. The application must include the following enclosures: 

(A) Completed original application form, and five (5) copies, for a total of six (6) copies. 

(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. 

(D) The following planning attachments must be submitted: 

(i) Location map of the city or county, and state showing the 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 this grant. All items should be clearly labeled on the plan as existing or proposed development. Include dimensions to scale. 

(iv) Photographs of 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 in which the marine facilities are only a portion of the total 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 copy of leases, special use permits, or intergovernmental agreements if applicant manages but does not own the project site. If applicable, cooperative agreement between eligible sponsor and other third party participant outlining scope and nature of the project. 

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

(F) For all projects, 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) Incomplete applications will not be considered by the Board. 

(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 Marine Facility Grant: In order to approve a Marine 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: Following Board approval of a project, a special cooperative agreement shall be entered into between the applicant, the Board and any third party. This agreement shall describe the responsibilities of all parties. Failure by the applicant and any third parties to execute the grant agreement within 90 calender days of project approval by the Board may result in project cancellation. 

(f) Completion and Final Billing: 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 the Board, reimbursement funding will be authorized. 

(g) Boating Facility 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) Program Funds Availability: 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. Notice of grant fund availability will be given once on or about February 15 preceding the upcoming new biennial period to all interested applicants. 

(3) Priorities: 

(a) The Board shall provide grants for Marine facilities as the need for facilities appear to the Board 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 Procedures Guide shall prescribe specific ranking of project priorities. 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 and/or to provide some form of local contribution. This local share may be a "hard" match of dollars and/or a "soft" match of administrative, design, labor, and engineering services. The Board recognizes that, in some instances, this local share may be beyond the applicant's capabilities. In such cases, the Board may provide a grant covering the full project costs. The availability of matching funds and/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 Procedures Guide shall develop a general policy on applicant matching funds. 

(b) Grants will be limited to actual certified expenditures for materials, equipment, labor, and services. Applicants will be encouraged to supply their "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. 

(c) The Board requires project sponsors to place a 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 Board will provide this sign to the project sponsor, who shall place it 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 payment. 

(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 Board concerning grant application deadlines and availability of funds. The Director may allow minor project less than $10,000 be submitted by letter request. 

(g) 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 extraordinary circumstances warrant it. The Director is authorized to approve project time extensions up to 90 days, provided this is reported to the Board. 

(h) Partial grant payments can be made based upon percentage of project completed with submission of appropriate documentation (bills, receipts, photographs, etc.). Final payment will be forwarded upon receipt and approval of appropriate final billing data, and a satisfactory final inspection by the 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. 

(i) 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. 

(j) When substantial renovation or major improvements (over $2,000) are proposed for Marine Board funding, the applicant shall provide for adequate sanitary facilities, if no such facilities are available at or near the project. 

(k) Reimbursement will not be made for facility projects initiated or completed prior to Board approval. Recognizing that emergencies may arise which necessitate quick action, applicants in such a situation should contact the Director 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 agency 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. All property or facilities developed with Facility 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 safety through best use of materials and labor at a minimal cost. 

(q) A publication available by the Board titled "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. 

(r) Applicants shall forward one copy of the final plans and specifications to the Board for review, prior to soliciting for quotations or commencing any work at the project site. The Board will notify applicants of plan approval, at which time they may commence solicitation or work. 

(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 Board. 

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

Stat. Auth.: ORS 830.110 & ORS 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 

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 marine facilities. 

(b) The Board is also authorized to provide federal Clean Vessel Act funds made available through the U.S. Fish and Wildlife Service, Sport Fish and Wildlife Restoration Program to assist in the maintenance of boat waste collection facilities, transient tie-up and related support facilities. 

(c) Federal Clean Vessel Act funds require at least a 25% non-federal match of funds usually provided by the Board. All participants must agree to comply with any and all federal funding requirements. 

(d) The intent of the Maintenance Assistance Program (MAP) is to augment existing levels of routine maintenance at improved marine facilities throughout the state provided by eligible participants. Eligible participants are encouraged to use MAP funds to enhance their existing level of funding and to improve the quality of maintenance provided. 

(e) This program is not intended to replace nor be the sole source of all funding of boating facility maintenance and responsibility to care for park and recreation sites owned and operated by eligible participants. The Program is voluntary and by accepting MAP funds the participant agrees to comply with all program rules, policies and procedures. Participation in the program is not mandatory. 

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

(g) Eligible facilities include boat ramps, boarding floats, restrooms, parking areas, access roads, transient tie-up floats, vessel waste collection and related facilities. Each eligible facility must be open at least during the peak season of use and provide a minimum of: 

(A) One lane boat ramp with at least 6 boat trailer and 2 single car parking spaces or at least 100 ft of transient tie-up floats; 

(B) One stall restroom; and 

(C) One garbage can. 

(h) The MAP funds may be used for routine and ordinary maintenance of boating facilities to include but not limited to: cleaning boat ramps, docks, parking areas, restrooms, garbage and litter pick up, grounds keeping, and minor repairs to eligible facilities. Federal Clean Vessel Act funds may be used for routine and ordinary maintenance of boat waste collection facilities to include cleaning, septic disposal and minor repairs. 

(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 fiscal year shall be one-half of the biennial amount approved by the Board. 

(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) Prior to each biennial period the Board shall approve the MAP allocation formula and point system for site elements found at eligible facilities. The point system will establish the Board's share of the estimated level of effort necessary to meet the minimum level of maintenance expectations as established by the Board. Each point has a value of $100. The MAP payment shall be made to eligible participants annually, on or about August 1, 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. Multi-site participants that are only accessible by boat or provide four or more facilities will receive additional points as established by the Board. 

(B) Determine the Boating Facility Allocation. Adjust the Gross Allocation with a 25% reduction for each $1 facility fee charged in excess of $2. Facility fees may be any day use, entry, launch, parking or other fee charged to users of the boating facility. 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. Facility Allocation = Gross - (.25 Gross)(Fee $2). 

(C) The Board may balance the number of launch lanes to the number of parking spaces in conformance with the "Design Guidelines." The Board may further make adjustments for restrooms that clearly serve other developed activity areas beyond 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. 

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

(i) 50% MAP Allocation = 3 month peak season; 

(ii) 25% MAP Allocation = 3 month shoulder season; 

(iii) 25% MAP Allocation = 6 month off-season. 

(E) Determine Total Eligible Boating Facility Participant Allocation. Participant's annual allocation is the sum total of each eligible facility. Total Allocation = (Facility 1 + Facility 2 +...). 

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

(A) Adjust the Vessel Waste Collection Systems Allocation for seasonal closures when the facility is not open for public use: 

(i) 50% Facility Allocation = 3 month peak season; 

(ii) 25% Facility Allocation = 3 month shoulder season; 

(iii) 25% Facility Allocation = 6 month off-season. 

(B) Determine Total Eligible Vessel Waste Collection Systems Participant Allocation. Participant's annual allocation is the sum total of each eligible facility. Total Allocation = (Facility 1 + Facility 2 +...). 

(C) Boat waste collection facilities are to be provided free for public use. No user fees may be collected or charged. The facility must be open and available to the general public to include hoses, adapters and power. 

(e) Maintenance funds remaining after the allocation process may be available for distribution by the Director upon application by participants for extraordinary and emergency maintenance needs at eligible facilities. The Director shall report these emergency allocations to the Board. No emergency allocation shall exceed $10,000 without prior approval by the Board. 

(f) Subsequent to item (2)(e), the Board shall re-allocate any MAP funds remaining in the biennium to the Marine Facility Grant Program. 

(3) Procedures: 

(a) On or about May 15 of each year, the Board shall estimate the funds available for the next fiscal year, and shall use the point allocation in Section 2 of these rules to estimate each participant's allocation. 

(b) Eligible participants shall be notified of their estimated allocation in writing. 

(c) For the fiscal year beginning July 1 and ending June 30, the participant shall certify by June 15 to the Board the following: 

(A) The participant has adopted a budget which 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 marine facility will be open and maintained for public use; and 

(E) The amount of any user fees that are presently charged or will be charged during the fiscal year to boaters using the eligible boating facility. User fees include the highest of any entrance, day use, launch ramp, parking, transient moorage or other fees paid daily, monthly, or annually. 

(d) Participants allocated more than$10,000 annually shall submit an estimated expenditure report at the end of each fiscal year period an actual operations and maintenance budget outlining actual MAP expenditures for labor, supplies, materials and services for all eligible sites. Report shall be in the manner and form as required by the Board. Failure to submit this report within the specified time shall result in program disqualification. 

(e) Any participant that does not certify by June 15 shall be deemed to have waived the use of the MAP program and funds estimated for allocation to that participant will be available for extraordinary and emergency maintenance needs under (2)(e). 

(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. MAP funds may not be used to match grant funds or other capital projects. 

(b) 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, failure to provide an adequate level of maintenance or failure to report any changes in facility user fees. 

(c) It is the policy of the Board to encourage eligible participants to develop and improve the quality of facilities using the Facility Grant Program in order to reduce the cost of maintenance and operations. 

(d) It is the policy of the Board to encourage free public access to the waters of this state. 

(e) MAP funds shall be expended on routine and ordinary operations and maintenance activities for supplies, personnel, or services as provided in (1)(f). It is the policy of the Board to allow MAP funds to be expended on small tools and equipment capital purchases not to exceed $1,000 for each site, provided the applicant provides sufficient maintenance that complies with expectations as established by the Board. 

(f) The Board requires that park maintenance expenditure records be available to the Board for inspection and audit upon request. The Board may establish certain operation and maintenance expectations based on use, seasons and/or level of site development. 

(g) Restroom facilities at each site must be available and maintained for a minimum of 3 months during peak season. 

(h) Only motorized and mixed use facilities are eligible for MAP. It is the policy of the Board that facilities located on bodies of water where motorboat use is prohibited or which are principally non-motorized are not priorities and therefore not eligible for MAP. 

(i) The Board may require participants to report on the maintenance needs and activities performed. The report shall be in such form and detail as the Board may require. 

(j) If a participant's actual annual maintenance expenditures or budget for marine facility maintenance is less than the MAP allocation, a maximum of 10% of the total annual MAP allocation may be carried forward to the next fiscal year. All carry-forward amounts must be fully expended within that period. The participant shall reimburse the Board for any excess MAP funds not expended within the fiscal year. Failure to notify the Board may result in disqualification from the program. 

(k) The participant shall provide at least 40% match to MAP funds received which may include cash and/or in-kind services directly relating to maintenance of boating facilities. Participant match includes only those items relating to boating facilities and shall 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. 

(l) MAP participants are encouraged to document in the file any percentage of estimated in-kind matching sources to include: fleet services, overhead, program administration, higher level supervision or other general service assessments/charges. 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. 

(m) MAP funds are principally targeted for labor, supplies, contract services that will be expended at the site. Justification will be required for levels in excess of 15% that are used for overhead, program administration, supervision or other general service assessments/charges. 

(n) MAP participants that provide four or more sites may shift up to 25% of the individual MAP site allocation to other eligible MAP sites to accommodate changing use patterns or maintenance needs, provided that minimum maintenance expectations are met. 

(o) Any use fee's charged at MAP sites either annually or daily must be uniform for a specific class of users. No differential in-area or out-of-area annual, seasonal or day use fee's may be charged at MAP sites. 

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

Stat. Auth.: ORS 830.110 & ORS 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 

250-014-0005 

Vessel Waste Collection and Boating Infrastructure Grant Program 

(1) Program Description: 

(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, Sport Fish and Wildlife Restoration Program in the form of grants in accordance with ORS 830.150(2)(a), for the construction, rehabilitation or replacement of facilities Vessel Waste Collection Systems transient tie-up 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 of funds that is 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-128. 

(c) Vessel Waste Collection capital construction and renovation grant projects are limited to construction/renovation of pumpout, dump stations and floating restrooms. 

(d) Vessel Waste Collection Grant Funds may not be used for the construction/renovation of upland restroom facilities; or the construction/renovation, operation and maintenance of on site 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 capital construction and renovation projects are limited to tie-up docks and piers, fixed and floating breakwaters, debris booms, utilities and restrooms that principally support tie-up facilities. 

(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) Eligibility: 

(A) Projects may be submitted by: 

(i) Cities; 

(ii) Counties; 

(iii) Park and Recreation Districts; 

(iv) Port Districts; 

(v) State Agencies; and 

(vi) Private Project Sponsors; 

(B) In addition, Counties with consent of the County Commission may sponsor a Federal Agency participant such as U.S. Forest Service, Bureau of Land Management or Corps of Engineers. 

(2) Procedures: 

(a) Pre Application: 

(A) Cities, counties, park and recreation districts, port districts, state agencies and private project sponsors which 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 Oregon 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: Facility Program, Oregon State, Marine Board, PO Box 14145, 435 Commercial St NE, Salem, OR 97309-5065, Phone: 378-8587. 

(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 Waste Collection 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) Completed original application form, and five (5) copies, for a total of six (6) copies. 

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

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

(D) Permits and Environmental Assessment: 

(i) Certification from the local city or county planning agency that the project is in compliance with local comprehensive plans and zoning ordinances. 

(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, and state showing the 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 this grant. All items should be clearly labeled on the plan as existing or proposed development. Include dimensions to scale. 

(iv) Photographs of 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 in which the marine facilities are only a portion of the total 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 copy of leases, special use permits, or intergovernmental agreements if applicant manages but does not own the project site. If applicable, cooperative agreement between eligible sponsor and other third party participant outlining scope and nature of the project. 

(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 meeting at which it 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 judgement 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 project, a special cooperative agreement shall be entered into between the applicant, the Board and any third party. This agreement shall describe the responsibilities of all parties. Failure by the applicant and any third parties to execute the grant agreement within 90 calender days of project approval by the Board may result in project cancellation. 

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

(f) Project Closeouts: 

(A) Upon completion of the project, the public or private project sponsor shall notify the Marine Board staff. A final billing with cost documentation shall be provided to the Board. After a satisfactory review of billing documentation and final inspection by the Marine Board staff, reimbursement funding 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 on or about February 15 preceding the upcoming new biennial period to all interested applicants. 

(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), and the Statewide Boat Waste Facility Plan prepared for the federal Clean Vessel Act of 1992, 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 and/or to provide some contribution. This public or private share may be a "hard" match of dollars and/or a "soft" match of administrative, design, labor, engineering services or long term maintenance costs. The Board recognizes that, in some instances, this match may be beyond the applicant's capabilities. In such cases, the Board may provide a grant covering the full project costs. 

(B) Grants will be limited to actual certified expenditures for materials, equipment, labor, and services. Applicants will be encouraged to supply their "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 pubic 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 and/or dump station sign at each facility developed with grant funds. 

(C) The Board will provide these signs to the project sponsor, who shall place them in a pre-determined location at the facility. 

(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 staff concerning grant application deadlines and availability of funds. The Director may allow minor project less than $10,000 be submitted by letter request. 

(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 preceding the upcoming 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 Facility Grant funds must be dedicated open and available for public use. Reasonable hours of operation may be prescribed if necessary. The facility may be closed for short periods during low boat use periods to protect against cold weather damage. 

(B) Public and private project sponsors shall agree to provide unrestricted and/or 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 Board and/or federal funds. 

(f) Cooperative Agreements: 

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

(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 the 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 public 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 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/or services at reasonable cost so not to encourage 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 improvement cost 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. 

(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 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 soliciting for quotations or commencing with any work at the project site. The Board will notify applicants of plan approval, at which time they may commence solicitation or work. 

(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 Marine Board staff. 

(D) A publication available 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 grant payments can be made monthly based upon percentage of project completed with submission of appropriate documentation (bills, receipts, photographs, etc.). Final payment will be forwarded upon receipt and approval of appropriate final billing data, and a satisfactory final inspection by the 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 facility projects initiated or completed prior to Board approval. Recognizing that emergencies may arise which necessitate quick action, applicants in such a situation should contact the Director for instructions before initiating any improvements; 

(D) The Director is authorized to approve minor cost overruns (less than $10,000). Project sponsors must notify the agency 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 prior to the final grant payment; 

(F) On-site visits 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 final project inspection. The project sponsor agrees to give the Board and its authorized parties unrestricted access to the project at all times. 

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

Stat. Auth.: ORS 830.110 & ORS 830.150 
Stats. Implemented: ORS 830.150 

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 

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" -- Any change or modification to existing floating structures. 

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

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

(4) "Board" -- The State Marine Board. 

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

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

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

(8) "Director" -- The State Marine Board Director. 

(9) "Dock" -- Same as float or floating structure. 

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

(11) "Floats or Floating Structure" -- 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" -- 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)" -- One-one thousand of an inch of thickness or 0.001 of an inch. 

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

(15) "New Construction" -- Any new floating structure. 

(16) "Person" -- is 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" -- All products manufactured that are expanded into polystyrene foam beads with cell diameters of 0.125" or larger used as floatation. 

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

(19) "Pre-Certification Form" -- 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" -- Any molded or expanded type of polystyrene foam used for floatation. 

(22) "Treated Wood" -- Pressure treated, dimensional wood or plywood, by a commercial supplier with preservative, that 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 & ORS 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 

250-014-0020 

Purpose and Scope 

(1) It is the purpose of this rule to protect our waterways, fish and wildlife from polystyrene foam floatation that may escape from floating structures. It is the intent through use of appropriate encapsulation method(s) and material(s), that deterioration of polystyrene foam and resulting loss of particulate matter into waterways will be reduced or eliminated. 

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

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 judgement it meets or exceeds 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 & ORS 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 

250-014-0040 

Pre-Certification Encapsulation Form 

(1) No person shall place any polystyrene foam floatation supporting a new construction project on the waters of the state without prior written approval by the Board. 

(2) 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) Applicant shall submit a completed Certification Form, for each project, to the Board for review and approval. The Certification Form shall be in 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 the 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 which may be required. 

Stat. Auth.: ORS 830.110 & ORS 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 

250-014-0041 

Post Certification Encapsulation Log 

(1) To qualify a contractor shall 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 an event log for each months 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 as 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 compliance and 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 to be inconsistent with the rules, the Board shall notify the Contractor in writing of its findings. The Contractor shall perform any corrective actions(s) used in encapsulating foam. 

(7) Any Contractor failing to submit a required Post Certification Encapsulation Log 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 and shall not be eligible for Contractor Post Certification for one calendar year. 

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

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

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

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