§ 23-25.3-1 - Definitions.
SECTION 23-25.3-1
§ 23-25.3-1 Definitions. – As used in this chapter:
(1) "Acceptable release rate" means a measured release ratenot to exceed four (4.0) micrograms per square centimeter per day for weeksthree (3) to five (5) and a cumulative release rate of one hundred sixty-eight(168) micrograms per square centimeter for the first fourteen (14) days asdetermined in accordance with the United States Environmental Protection Agency(EPA) testing procedure as outlined in the EPA data call-in notice of July 29,1986, on tributyltin in antifoulant paints under the Federal Insecticide,Fungicide and Rodenticide Act, 7 U.S.C. § 136 et seq. If a lower releaserate is determined by the department to be necessary to protect health or theenvironment, the rate if duly adopted by regulatory action of the department,shall be the acceptable release rate as defined in this section.
(2) "Department" means the department of environmentalmanagement.
(3) "Commercial boat yard" means any facility which engagesfor hire in the construction, storage, maintenance, repair, or refurbishing ofvessels (other than seaplanes) or any licensed independent marine maintenancecontractor who engages in those activities.
(4) "Marine antifoulant paint" means any compound, coating,paint, or treatment applied or used for the purpose of controlling freshwateror marine fouling organisms on vessels.
(5) "Tributyltin compounds" means any compound having three(3) normal butyl groups attached to a tin atom and with or without an anionsuch as chloride, fluoride, or oxide.
(6) "Vessel" means every description of watercraft, otherthan a seaplane, used or capable of being used as a means of transportation onthe water, whether self-propelled or otherwise, and includes barges and tugs.