DID YOU RECEIVE A LETTER FROM THE EPA THIS WEEK?
FEDERAL COMPLIANCE AND ENFORCEMENT UPDATE
From the Desk of Jamy Buchanan Madeja, Esq.
Does anyone else remember that robot from Lost in Space, emitting "Warning! Warning! Warning!" into the ether, as danger approached? Hold that thought…
MMTA has received information from the U.S. Environmental Protection Agency indicating that EPA Region 1 intends to send written correspondence to all New England marinas to 'encourage compliance with environmental requirements.' Many of you may have already received this letter. While we certainly do appreciate the EPA's "head's up" to MMTA and what we expect will be a cordial tone in the letter, our members should know this is essentially a "Warning! Warning! Warning!" notice to the marine industry that the U.S. EPA's compliance assistance programs are now shifting to include focused enforcement on marinas and boatyards.
Some of the topical areas of particular concern to Region 1 are expected to be specifically referenced in the anticipated letter. However, solutions to technological or other problems underlying an absence of full compliance are not expected to be included. In some cases, you may find yourselves with few palatable options, and faced with the reality of curtailing certain operations or risking an enforcement action. We know, for example, that power washing of vessels has been a common practice at member facilities for decades, yet the U.S. EPA now views many power washing operations as requiring a federal National Pollution Discharge Elimination System (NPDES) permit or being illegal (because the effluent flows to groundwater and then to a nearby waterway). Please know that your options for full compliance include containment and recycling of the effluent instead of discharge, and shipping offsite of any resulting constituents of concern. Lesser options may not attain full compliance, such as partial containment and filtering, with a scheduled capital purchase of recycling equipment, but are still preferable to no compliance effort at all.
We also know that many of our member facilities are considered by the U.S. EPA to be "industrial facilities" for which storm water National Pollution Prevention Discharge Elimination System permit is required. This one is not as intimidating or expensive as it sounds, but it does require planning for how storm water is expected to flow on and from your facilities.
Finally, if you find your facility is targeted for an enforcement visit, please review the basic tips for regulator visits, prepared by Jamy Buchanan Madeja. Esq., MMTA's Legal and Government Relations Counsel which is available online at: http://www.boatma.com/membersonly/newsbriefs/2005_june_02_news.html.
We at MMTA seek to support you in attaining full compliance, even as we advocate within the ranks of government for respect for the practical and technological limitations you face. Please do feel welcome to make use of each member's right to a consultation free of charge with MMTA's Legal and Government Relations Counsel, Jamy B. Madeja, Esq. at 617-227-8410 ext. 234 or jmadeja@buchananassociates.com.
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NOVEMBER LEGISLATIVE BOATING CAUCUS REPORT
On November 13, 2006 the Massachusetts Legislative Boating Caucus met at the State House to discuss issues of critical importance to the recreational boating community and the marine trades industry. The Caucus consists of over 50 members of the Legislature who meet several times throughout the year to discuss and advance initiatives intended to preserve the marine trades' recreational boating industry in Massachusetts.
Boating Caucus Chairman Anthony Verga (Gloucester) led an engaging discussion among fellow Boating Caucus members, including Representatives Virginia Coppola (Foxboro), Michael Rodrigues (Fall River), John Keenan (Salem), Brad Hill (Ipswich), Frank Hynes (Marshfield) and Mary Grant (Beverly). Staff for Senators Michael Morrissey (South Shore), Robert O'Leary (Cape and Islands), Susan Tucker (North Shore) and Stephen Brewer (Central MA) as well as Representative Mark Falzone (Saugus) also participated in the meeting alongside Director James Hanlon of the Environmental Police, Mary Lee King of Coastal Zone Management, and Peter Gifford, Salem Harbormaster.
Opening the meeting on a lighthearted but serious note, MMTA staff presented the Caucus with a cake and round of applause for their consistent and vocal advocacy on behalf of the "Gate Show Bill" which has opened the Boston Convention & Exhibition Center to gate shows, beginning with the 51st annual New England Boat Show (NEBS) that will run from February 17 to 24 2007. Caucus members were pleased to learn of efforts to establish a "Massachusetts Built Boats" brand to debut at the New England Boat Show.
During the Caucus meeting, participants spoke at length regarding pending abandoned vessel legislation, boat rescue and recovery (salvage/towing and Admiralty Law), the impacts of ethanol fuel and resulting insurance coverage changes, and legislative priorities for the 2007/8 legislative session, including dredge disposal needs and aging coastal infrastructure.
House Bill 4362, An Act Relative to Abandoned Vessels, has advanced considerably during informal sessions but awaits placement on the House calendar for a vote. If successfully passed by the House, support and momentum will be needed on the Senate side for passage prior to the bill's being sent to the Governor for signature. Senators Morrissey and Tarr , constant MMTA friends of recreational boating interests, have agreed to champion the bill through the Senate. Chairman Verga intends to re-file the bill if necessary along with safe boating legislation championed in the past by Representative Shirley Gomes (Orleans), a friend to boaters who chose not to seek reelection.
Participants also discussed putting together a working group of legislators, harbormasters, marine tow and salvage operators and MMTA staff with the goal of airing concerns and reaching consensus on towing and salvage protocols within Massachusetts' harbors. Salem's Representative Keenan assured meeting participants that he would not file legislation pertaining to this matter until speaking in more detail with all parties.
Caucus members discussed the impacts of ethanol fuel on marine engines and subsequent policy changes by marine insurers. Representative Coppola awaits responses to letters she sent on this matter to Congressman Barney Frank, the Environmental Protection Agency and the MA Division of Insurance. MMTA staff shared their knowledge of the matter and confirmed that some insurers are re-writing policy coverage's in light of the presence of reformulated gasoline and its potential known, negative impact on marine engines. Acknowledging that ethanol blended gasoline is likely here to stay; MMTA staff suggested advocating for ethanol content maximum's not exceed 10% in order to minimize the impacts on marine engines.
The Caucus acknowledged that there is insufficient funding for maintenance dredging and repair and maintenance of coastal infrastructure. Harder still is identifying affordable, seaward locations for dredged materials. With the cost of land based disposal options prohibitive, Caucus members agreed that dredging permitting requirements are prohibitive in length and detail. As a result, too often the brief, seasonal "window of opportunity" for dredging is lost while applicants spend years trying to secure the necessary permits. Representative Hynes stated that in the last decade the state had dredging appropriations within capital bonds. He urged that this appropriation be reinstituted and permitting streamlined to ensure proper maintenance of the waterfront. As indicated by a recent comprehensive marina economic impact study conducted by the Recreational Marine Research Center and funded by the Association of Marine Industries and the National Marine Manufacturer's Association of Constitution Marina in Charlestown, Charlestown's Constitution Marina alone generates $6 million annually for Commonwealth coffers!
Chairman Verga and MMTA staff urged members to advocate to the incoming Patrick/Murray Administration for continuance of the Seaport Advisory Council, which is currently chaired by Lt. Governor Kerry Healey.
Representing MMTA at the November Caucus meeting was Director Russ Vickers of Hawthorne Cove Marina, Nathalie Grady, Public Affairs Director, Jamy Buchanan Madeja, Esq. Government Relations & Legal Counsel and Leona Roach, Executive Director. MMTA thanks Chairman Anthony Verga for inviting MMTA to participate in this Boating Caucus meeting and looks forward to attending the next meeting in January, 2007.
If your elected officials are not members of the Massachusetts Legislative Boating Caucus, please contact them to ask them to join. If you would like assistance doing so, please contact Nathalie Grady at 978-808-1408 or nathalie.grady@comcast.net. Questions on the abandoned vessel legislation or other legislative concerns may be directed to Jamy Madeja, MMTA's Legal and Government Relations Counsel at 617-227-8410 or jmadeja@buchananassociates.com.
Please join MMTA in thanking the Representatives and Senators who comprise the 2006 Massachusetts Legislative Boating Caucus:
Senator Stephen M. Brewer, Barre
Senator Stephen J. Buoniconti, Springfield
Senator Susan C. Fargo, Lincoln
Senator Robert L. Hedlund, Hingham
Senator Joan M. Menard, Somerset
Senator Michael W. Morrissey, Quincy
Senator Robert O' Leary, Barnstable
Senator Bruce E. Tarr, Gloucester
Senator Susan C. Tucker, Andover
Rep. Bruce Ayers, Quincy
Rep. Garrett Bradley, Hingham
Rep. Antonio F. D. Cabral, New Bedford
Rep. Gale D. Candaras, Wilbraham
Rep. Paul C. Casey, Winchester
Rep. Virginia Coppola, Foxborough
Rep. Robert DeLeo, Winthrop
Rep. Paul Donato, Medford
Rep. Mark Falzone, Saugus
Rep. Michael Festa, Melrose
Rep. Colleen M. Garry, Dracut
Rep. Susan Williams Gifford, Wareham
Rep. Shirley Gomes, Orleans
Rep. Mary Grant, Beverly
Rep. Patricia Haddad, Somerset
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Rep. Rachel Kaprielian, Watertown
Rep. John Keenan, Salem
Rep. Daniel F. Keenan, Southwick
Rep. Peter Kocot, Northampton
Rep. Paul Kujawski, Webster
Rep. Stephen LeDuc, Marlborough
Rep. John Lepper, Attleboro
Rep. Matthew Patrick, Falmouth
Rep. Douglas Petersen, Marblehead
Rep. George Peterson, Grafton
Rep. John Quinn, New Bedford
Rep. Michael Rodrigues, Westport
Rep. John Rogers, Norwood
Rep. John Scibak, South Hadley
Rep. Theodore Speliotis, Danvers
Rep. Harriett Stanley, West Newbury
Rep. William Straus, Mattapoisett
Rep. Kathleen Teahan, Whitman
Rep. Eric Turkington, Falmouth
Rep. Anthony J. Verga, Gloucester
Rep. Brian Wallace, South Boston
Rep. Martin Walsh, Dorchester
Rep. Steven Walsh, Lynn
Rep. Martha Walz, Boston
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SAVE THE DATE: TUESDAY - JANUARY 16, 2007
YOUR INVITATION IS IN THE MAIL
MMTA's 2007 Professional Development conference: The Business of Boating in Massachusetts will be held on Tuesday, January 16th at the Marriott Quincy. Please save the date and watch your email box for details, invitations and registration information. Many thanks for early conference sponsors, Boston International In Water Boat Show, Cape Cod Marine Trades Association, Commodore Uniform, EBI Consulting, Edson International, GE Distribution Finance, John Furrh Associates, Kellogg Marine, New England Boat Show, Shorelander Trailers, Spader, Valvtect Marine Fuels and Watch Captain. Interested in Conference Sponsorship? Contact Leona.Roach@boatma.com.
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MMTA MEMBER NEWS
Welcome New Members!
Please join us in welcoming these firms whose membership applications were approved at the November, 2006 meeting of the Board of Directors:
LAWSON YACHTS
Contacts: Sam Lawson & John Proctor
Hingham, MA
(781) 749-1645
www.yachtworld.com/lawsonyachts
Primary Business: Yacht Brokerage
Located in Hingham, Massachusetts, half an hour southeast of Boston, Lawson Yachts has been in business since 1982. Yacht brokerage is our sole focus, and we sell both sail and power boats, specializing in high quality, traditional cruising sailboats. Brokers Sam Lawson and John Procter, both Certified Professional Yacht Brokers, have 46 years of experience between them in yacht sales and brokerage. Both are seasoned sailors and boat owners with offshore experience and a broad knowledge of yacht designs and market conditions.
CONTROLS FOR AUTOMATION
Contacts: David Mochi, Daniel O'Rourke & Michael Thompson
Dedham, MA
(781) 251-9228
www.gocfa.com
Primary Business: Wholesaler/Manufacturer- Parts or Accessories, Manufacturer's Rep
Controls for Automation, Inc. is a distributor and manufacturer of Marine plumbing fittings, quick couplings, and custom marine plumbing assemblies. CFA can provide marine plumbing solutions to the customer and marine manufacturer. CFA provides fitting products and manifolds in Brass, plastic, stainless steel and aluminum.
BOSTON WATERBOAT MARINA
Contact: Larry Connor
Boston, MA
(617) 523-1027
www.bostonwaterboatmarina.com
Primary Business: Marinas or Moorings/Charters or Rentals or Livery
As the city's oldest continually operating yachting facility, Boston Waterboat Marina prides itself on offering small town hospitality with big city convenience. So this season, stay with us on Boston Harbor in the heart of the downtown waterfront at Boston Waterboat Marina. Summer & Winter slips rentals; summer guest rentals. Accommodating vessels from 30 ft. up to 150 ft. long, Boston Waterboat Marina's #1 mission is service. Our friendly and knowledgeable staff promises your visit at Boston Waterboat Marina to be a very pleasant experience.
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MMTA MEMBERS ACHIEVE BOATING INDUSTRY'S TOP 100 STATUS
The following MMTA Members were recognized as among the Top 100 Retailers nationally. Considering our MMTA member firms are outnumbers by the marine retailers in the larger boating states of Florida, California and Michigan, we are delighted to congratulate the 7 MMTA member firms were among the Top 100 dealers in the country. This demonstrates that MMTA membership is comprised of some of the most professional marine retailers in the country. Please join us is congratulating the following MMTA members, listed alphabetically:
- Baert Marine Inc., Danvers, MA
- Bassett Boat Co., Springfield, MA
- Bosun's Marine, Mashpee, MA
- East Coast Flightcraft, Inc., Middleton, MA
- MacCallum's Boathouse, Inc., Epsom, NH
- Marine USA Inc., Worcester, MA
- Russo Marine, Medford, MA
For a complete list of all marine retails in the Top 100 along with their relative positions, please visit: http://www.boating-industry.com/output.cfm?id=%201168849
Below are excerpts from Boating Industry's Electronic Newsletter, Friday, November 17, 2006
Buying and servicing a boat has become a much easier task for consumers around the country, thanks to Boating Industry magazine's second annual Top 100 Dealers, a ranking of an incredibly powerful group of marine dealers that generated more than $2.88 billion in retail sales, or nearly 8 percent of the entire $37 billion marine market.
The ranking recognizes those marine dealers that are unsurpassed in overall business operations, customer service, marketing and professionalism. Collectively, the 2006 Boating Industry Top 100 employ more than 6,500 people and operate 357 retail locations across North America.
"While most industry awards are given to those dealers that sell the most boats, our Top 100 program is much more qualitatively focused," said Matt Gruhn, Editor-in-Chief of Boating Industry, "thereby leveling the playing field for all dealers and directing consumers to those dealers that can best deliver on the dream that boat ownership promises."
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MASSACHUSETTS MARINE TRADES ASSOCIATION PRESENTED TWO HONORS
AT MARINE RETAILER'S ASSOCIATION OF AMERICAN CONVENTION
Adapted and Excerpted from Soundings Trade Only Online article by Melanie Winters:
The Bill Ferguson Award, given to a state, local or regional trade association that has worked especially hard for its members, went to the Massachusetts Marine Trades Association. This group has been heavily involved in dealer certification, educational scholarships and training for the marine professionals, and starting its own boat show.
MMTA Directors Ed Lofgren of 3A Marine Service and Larry Russo, Sr. of Russo Marine accepted the award on behalf of MMTA. MMTA also was the recipient of an OMC funded, MRAA allocated scholarship which will provide and additional $1,500 in matching funds to a worthy scholarship applicant.
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!!! REMINDER !!!
MARINE FUELING PERMIT RENEWALS DUE IN DECEMBER
For more information on the MA Board of Fire Regulations Marine Permitting, please visit: http://www.mass.gov/dfs/osfm/fireprevention/cmr/527015.pdf
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ATTENTION CAPE, ISLANDS AND SOUTH COAST MARINE RETAILERS:
YOUR BOAT REGISTRATION OFFICE HAS A NEW LOCATION
The Massachusetts Office of the Environmental Police and the Department of Revenue will be relocating to a new office location effective December 1, 2006. The MA EPO telephone number remains unchanged: (508-771-8382). To register vessels after December 1, go to the new Cape location at:
60 Perseverance Way
Independence Industrial Park
Hyannis, MA
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DID YOU KNOW?
For those who have not heard, MMTA Member Motoring Technical Training Institute is proud to announce that the ACCSCT (Accrediting Commission of Career Schools and Colleges of Technology) has recognized MTTI as being a "School of Distinction!" When the ACCSCT visited MTTI, they found that 99% of MTTI students would recommend MTTI to a friend.
MotoRing Technical Training Institute Program offerings:
Marine Service Technician (Day & Evening Classes)
The Benefits of an MTTI education:
Hands-on learning
Small class sizes (15-18 students)
Short-term education (20-30 weeks)
Instructors with industry experience
Extensive job placement assistance
Financial aid (for those who qualify)
If you feel that you could benefit from an MTTI education, please attend the Open House. For further information, please call Admissions at (401) 435-MTTI or toll free at (866) 454-6884.
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NMMA SEEKS NOMINATIONS FOR Chapman Award -- DEADLINE DECEMBER 15, 2006
For more information contact Bryan Welsh, NMMA director of membership, at (312) 946-6276; bwelsh@nmma.org
BOATING SAFETY SIDEKICKS CONTEST -- DEADLINE JANUARY 1, 2007
For more information visit the Boating Safety Sidekicks web site at http://www.boatingsidekicks.com
BOATUS RECREATIONAL BOATING ACCESS AWARD -- DEADLINE FEBRUARY 1, 2007
For more information, go to: http://www.boatus.com/gov/accessaward
BOATUS FOUNDATION ENVIRONMENTAL LEADERSHIP -- DEADLINE FEBRUARY 15, 2007
For more information visit http://www.BoatUS.com/foundation/EnviroAward
MARINA ACCESS TO FREE CLEAN FUELING GUIDE -- DEADLINE OPEN
The BoatU.S. Foundation has developed a new clean fueling web site http://www.helpstopthedrops.com
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MARINE INDUSTRY EVENT CALENDAR
- MMTA Professional Development Conference - Marriott Quincy January 16, 2007
- Providence Boat Show - Providence, RI January 11 -14, 2007
- 51st New England Boat Show - BCEC Boston February 17 -24, 2007
Have an event to be added to the calendar of interest to all members, send an e-mail to Leona.Roach@boatma.com.
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ONGOING REMINDERS TO MEMBERS AND LINKS OF INTEREST
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MA Legislation That MMTA Tracks:
http://www.boatma.com/membersonly/legal/2006/
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BOATER INFORMATION PIPELINE SIGNUP:
http://www.boatma.com/boatersenewssignupform.html
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MAKE THE MMTA JOBS BULLETIN BOARD WORK FOR YOU!
http://www.boatma.com/jobs/bbs.pl
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MARINE TRADES EDUCATORS WISH LIST
http://www.boatma.com/membersonly/news/bbs.pl
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SHOW YOUR COLORS
Proudly Display the MMTA Logo: http://www.boatma.com/membersonly/mmtalogos.html
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MMTA-STAPLES BUSINESS ADVANTAGE PROGRAM
MMTA Members Only Section click on the STAPLES LOGO.
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SHARE THE WEALTH!
PLEASE share these ENews briefs with colleagues and staff of MMTA member firms. HAVE AN ITEM FOR ENEWS? Drop us a line at: Leona.Roach@BoatMA.com
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