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(continued) 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