The purpose of this chapter is to implement the provisions of Section 376.25, F.S., requiring registration and reporting for gambling vessels and their berth locations.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-606.100: Scope, Intent, Purpose, and Applicability
62-606.200: Definitions
62-606.300: General Requirements
62-606.400: Registration and Verification Requirements and Fees
62-606.500: Notification of Releases into Coastal Waters
62-606.600: Waterfront-landing Facilities
PURPOSE AND EFFECT: The purpose of this chapter is to implement the provisions of Section 376.25, F.S., requiring registration and reporting for gambling vessels and their berth locations.
SUMMARY: This chapter implements Section 376.25, F.S., requiring certain gambling vessels to register with the Department and to report any releases of waste into Florida coastal waters. Chapter 62-606, F.A.C., also requires owners of berths that are registered by gambling vessels to provide certain waste services.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: Three entities are identified as likely to be affected by Chapter 62-606, F.A.C.: (1) gambling vessels (their owners or operators); (2) waterfront landing facilities and berth locations (deepwater ports and marinas); and (3) the Department. The Department estimates that the major cost associated with Chapter 62-606, F.A.C., is the annual fees paid by the gambling vessels. This is estimated at $75,000 for the entire fleet. The aggregate fees to the gambling vessel fleet will be prorated per vessel based on each individual vessel’s “Total Persons Allowed” (maximum number of passengers and crew permitted onboard at one time, as reported by the U.S. Coast Guard).
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 376.25 FS.
LAW IMPLEMENTED: 376.25 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: November 12, 2009, 10:00 a.m. – 5:00 p.m. (local time)
PLACE: Florida Department of Environmental Protection, Room 609, 2600 Blair Stone Road, Tallahassee, FL 32399-2400
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Gregory M. Brown, P.E., Florida Department of Environmental Protection, Division of Water Res. Mgmt., Water Reuse/Wastewater Wetlands, MS 3540/Room 196 G, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, Voice: [phone], Fax: [phone], [e-mail]. fl.us. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Gregory M. Brown, P.E., Florida Department of Environmental Protection, Division of Water Res. Mgmt., Water Reuse/Wastewater Wetlands, MS 3540/Room 196 G, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, Voice: [phone], Fax: [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-606.100 Scope, Purpose, and Applicability.

(1) The purpose of this chapter is to implement the provisions of Section 376.25, F.S. This section requires certain gambling vessels to register with the Department and to report to the Department any release of waste into Florida coastal waters. This section also requires owners of berths that are registered by gambling vessels to provide certain waste services and requires the Department to maintain on its website an estimate of the minimum waste-service demand for each berth.

(2) Applicability. Requirements in this chapter:

(a) Apply to gambling vessels as defined in Section 376.25(2)(e), F.S., and in subsection 62-606.200(4), F.A.C.;

(b) Apply to owners of waterfront-landing facilities that are registered by gambling vessels as a berth location;

(c) Are intended to supplement and not to conflict with federal law;

(d) Do not authorize violation of a valid NPDES permit governing releases from a gambling vessel. As used in this subparagraph, the term “NPDES permit” means an activity subject to regulation by the United States Environmental Protection Agency under s. 402 of the Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.; and

(e) Do not apply to cruise ships as defined in 33 CFR 101.105, hereby adopted and incorporated by reference.

Rulemaking Authority 376.25 FS. Law Implemented 376.25 FS. History–New_______.

 

62-606.200 Definitions.

The meaning of any term not defined in Section 376.25(2), F.S., or below, shall be taken from definitions in other rules of the Department, unless the context clearly indicates otherwise.

(1) “Agent for Service of Process” means an individual resident of the State, a domestic corporation, or a foreign corporation having a place of business in and authorized to do business in the State.

(2) “Berth” means a site in the state where a gambling vessel, or other vessel used to transport passengers to or from a gambling vessel, moors to embark or disembark its passengers.

(3) “Designated representative” means an individual that has been duly designated by the owner or operator of a gambling vessel or by the owner of a waterfront landing facility, as applicable. The designated representative shall be an individual or a position having overall responsibility for the operation of the gambling vessel or the waterfront landing facility, as applicable, such as the position of captain, officer, administrator, manager, or a position of equivalent responsibility. An individual is a duly designated representative only if the authorization is made in writing by the owner or operator of the gambling vessel or by the owner of the waterfront landing facility, as applicable, and the written authorization is submitted to the Department.

(4) “Gambling vessel” means a boat, ship, casino boat, watercraft, or barge that is kept, operated, or maintained for the purpose of gambling and that carries or operates gambling devices for the use of its passengers or otherwise provides facilities for the purpose of gambling whether within or without the jurisdiction of this state; whether the vessel is at berth, lying to, or navigating; and whether the sailing, voyaging, or cruising, or any segment of the sailing, voyaging, or cruising, begins and ends within this state. The term does not include a cruise ship as defined in 33 CFR 101.105.

(5) “Minimum waste-service demand” means the volume of waste that is reasonably expected to be released at a waterfront-landing facility over a calendar year from gambling vessels with registered berths at the facility. For each facility that provides berths for registered gambling vessels, the Department shall estimate the facility’s minimum waste-service demand by considering the registered capacity of the gambling vessel’s systems for treating, holding, or disposing of waste and other information, including, but not limited to, other information provided during registration of the gambling vessel.

(6) “Oily bilge water” means liquid from the bilge of a gambling vessel which contains used lubrication oils, oil sludge and slops, fuel and oil sludge, used oil, used fuel and fuel filters, and other oily waste. Oily bilge water does not include routine discharges of raw water used for engine cooling.

(7) “Total persons allowed” means the value reported to the United States Coast Guard in either the gambling vessel’s current Certificate of Inspection for total persons allowed or Certificate of Compliance for maximum total allowable persons, as applicable. Total persons allowed refers to the total persons allowed on the vessel at any one time.

Rulemaking Authority 376.25 FS. Law Implemented 376.25 FS. History–New_______.

 

62-606.300 General Requirements.

(1) The owner or operator of a gambling vessel registered under Rule 62-606.400, F.A.C., shall designate and continuously maintain an agent for service of process as required by Sections 376.25 and 607.0505, F.S.

(2) Hazardous waste will be managed in accordance with Chapter 62-730, F.A.C.

Rulemaking Authority 376.25 FS. Law Implemented 376.25 FS. History–New_______.

 

62-606.400 Registration and Verification Requirements and Fees.

(1) For each calendar year in which the owner or operator of a gambling vessel intends to operate, or cause or allow to be operated, a gambling vessel in coastal waters, the owner or operator of the gambling vessel shall register with the Department, except as provided in subsection 62-606.400(2), F.A.C. The owner or operator shall register with the Department by submitting DEP Form 62-606.400(4)(a), Gambling Vessel Registration Form, effective date XX-XX-XXXX, hereby adopted and incorporated by reference, with the registration fee established in subsection 62-606.400(5), F.A.C. The form shall be submitted in accordance with the schedule provided in subsection 62-606.400(3), F.A.C.

(2) Any gambling vessel that annually verifies to the Department that the gambling vessel operates a marine waste treatment system that produces sterile, clear, and odorless reuse water without generating solid waste and that eliminates the need to pump out or dump wastes is exempt from registering in accordance with subsection 62-606.400(1), F.A.C. To verify the adequacy of the marine waste treatment system, the gambling vessel shall submit Form 62-606.400(4)(b), Verification of Marine Waste Treatment System, effective date XX-XX-XXXX, hereby adopted and incorporated by reference, to the Department. A marine waste treatment system shall be determined to meet the above criteria if it meets all primary and secondary drinking water standards in Chapter 62-550, F.A.C., and the following:

(a) The marine waste treatment system does not generate any solid waste as described in Chapter 62-730, F.A.C.;

(b) No waste is pumped out or dumped in Florida coastal waters or at waterfront landing facilities in Florida; and

(c) All hazardous waste is managed in accordance with Chapter 62-730, F.A.C.

(3) The annual forms and fees required by subsections 62-606.400(1) and (2), F.A.C., shall be submitted on or before December 1 of the year prior to the calendar year in which the owner intends to operate a gambling vessel except as provided below.

(a) For the calendar year beginning on January 1, 2009, the form and fees shall be submitted within 60 days after the effective date of this rule.

(b) For gambling vessels beginning operations in the state after the effective date of this rule, the forms and fees shall be submitted at least 30 days prior to the vessel entering coastal waters or within 60 days after the effective date of this rule, whichever is later.

(4) The forms used by the Department for vessel registration or verification of the vessel’s marine waste treatment system are listed in paragraphs 62-606.400(4)(a) and (b), F.A.C. Copies of the forms and instructions may be obtained by writing to the Bureau of Water Facilities Regulation, Mail Station 3535, Department of Environmental Protection, Bob Martinez Center, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. These forms are also available at http://www.dep.state.fl.us/legal/Forms/forms.htm.

The Department adopts and incorporates by reference in this section the following forms:

(a) Gambling Vessel Registration Form, Form 62-606.400(4)(a), effective XX-XX-XXXX.

(b) Verification of Marine Waste Treatment System Form 62-606.400(4)(b), effective XX-XX-XXXX.

(5) An annual registration fee shall be paid by each gambling vessel required to register in accordance with subsection 62-606.400(1), F.A.C. The annual fee for each gambling vessel shall be $17.35 times the total persons allowed as defined in subsection 62-606.200(6), F.A.C. The registration fee shall be submitted with Form 62-606.400(4)(a).

(6) During the period that a registration is valid, the owner or operator of a registered gambling vessel shall advise the Department within 15 days of any change in the information provided in Form 62-606.400(4)(a), by submitting a revised form. No additional registration fee is required for revising an existing form.

Rulemaking Authority 376.25 FS. Law Implemented 376.25 FS. History–New_______.

 

62-606.500 Notification of Releases into Coastal Waters.

(1) Except as provided in subsection 62-606.500(2), F.A.C., if a gambling vessel releases any waste into coastal waters, the owner or operator shall immediately, but no later than 24 hours after the release, notify the Department of the release. Notification shall be provided to the Department by calling the STATE WARNING POINT TOLL FREE NUMBER [phone] and shall include the following information:

(a) Name/call sign of gambling vessel;

(b) Hull identification number;

(c) Name, address, and telephone number of person reporting,

(d) Name, address, and telephone number of owner or operator of the gambling vessel;

(e) Date of the release;

(f) Time of the release;

(g) Location of the release using a geographic coordinate system reporting latitude and longitude referenced to the World Geodetic System of 1984 (WGS 1984) datum;

(h) Volume of the release;

(i) Source and cause of the release; and

(j) Remedial actions taken to prevent future releases.

(2) Releases made for the purpose of securing the safety of the gambling vessel or saving life at sea, and if all reasonable precautions have been taken for the purpose of preventing or minimizing the release, shall be documented and reported to the STATE WARNING POINT TOLL FREE NUMBER [phone], within three (3) days following the release. Documentation shall include all items in paragraphs 62-606.500(1)(a) through (i), F.A.C.

(3) Gambling vessels required to report a release in accordance with subsection 62-606.500(1) or (2), F.A.C., shall submit a written report containing the information in paragraphs 62-606.500(1)(a) through (j), F.A.C., within three (3) days of the release. The report shall be submitted to the Bureau of Water Facilities Regulation, Mail Station 3535, Department of Environmental Protection, Bob Martinez Center, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

Rulemaking Authority 376.25 FS. Law Implemented 376.25 FS. History–New_______.

 

62-606.600 Waterfront-landing Facilities.

The owner of each waterfront-landing facility that is registered as a gambling vessel’s berth location shall:

(1) Establish procedures for the release of waste from gambling vessels at the facility and, upon request, provide the procedures to the Department;

(2) Make available a waste-management service that has the capability, at minimum, of handling and disposing of the facility’s minimum waste-service demand. Upon request, the waterfront-landing facility shall provide documentation to the Department of the level of waste-service demand available; and,

(3) Not collect fees that exceed the direct and indirect costs associated with making waste-management services available.

Rulemaking Authority 376.25 FS. Law Implemented 376.25 FS. History–New_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mimi Drew
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael W. Sole
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 29, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 29, 2008