Marinas shall be evaluated on the following criteria. For the purpose of this Part a marina shall be defined as a dockage facility providing ten or more wet storage slips or providing commercial marine products or services.

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    (1) Fueling facilities shall have automatic shutoff valves.
    (2) Fuel storage or pumping facilities shall not be located on over-water structures.
    (3) Spill containment equipment shall be located on site sufficient to prevent the discharge of pollutants into state waters beyond the marina boundary. Personnel trained in the use of the containment equipment shall be in attendance during all operating hours. At any time such personnel are not in attendance, fuel facilities shall be adequately secured to prevent use.
    (4) Sewage pumpout facilities shall be provided.
    (5) Water depths at the specific mooring sites shall not be less than four feet mean low water.
    (6) The applicant shall affirmatively demonstrate to the Department that adequate depths exist for ingress and egress of boats to the mooring sites and in no case shall the depths of the access area be less than the minimum depth specified in subsection (5).
    (7) Proposed construction techniques shall protect the viability of a seagrass bed community or other biological communities as listed in Fl. Admin. Code R. 62-312.410(1)(a)
    (8) Boat mooring sites shall not be located over a seagrass bed community or coral reef regardless of water depth.
Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.416, 373.418, 403.061 FS. History-New 6-8-88, Formerly 17-12.430, 17-312.430, Amended 10-3-95.