Or. Admin. Code § 250-010-0705

Current through Register Vol. 63, No. 11, November 1, 2024

Section 250-010-0705 - Materials and Methods of Encapsulation

(1) As of January 1, 1992, when a person installs a submersible polystyrene device on a dock, buoy, or float on the waters of this state the device must be encapsulated by a protective covering or be designed to prevent the polystyrene from disintegrating into the water.

(2) Effective methods of encapsulation shall completely cover or be a physical barrier between the polystyrene foam flotation 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.

(3) All materials and methods of encapsulation shall comply with all requirements specified in OAR 250-010-0705 and provide an effective physical barrier between the polystyrene foam flotation and the water 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.

(4) Any polystyrene foam flotation 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 or recycled.

(5) The Board may formally approve other encapsulation materials or methods, if based on their judgment the proposed alternatives meet or exceed the provision of this rule. The Board shall not approve or endorse specific products of any person or firm.

(6) In the absence of local ordinances exceeding the provisions of this rule, the following materials or methods of encapsulation are approved:

(a) Concrete 1.0 inch or more in thickness.

(b) Galvanized steel 0.065 inch or 16 gauge or more in thickness.

(c) Liquid coatings, 30 mils or more in thickness, chemically or securely bonded.

(d) Rigid (hard) plastics, 50 mils or more in thickness.

(e) Fiberglass and plastic resins, 30 mils or more in thickness, chemically or securely bonded.

(f) Pliable (soft) plastic sheets, 10 mils or more in thickness, chemically or securely bonded. Multiple layers of single plastic sheets less than 10 mils in thickness are not permitted. The process of using shrink-wrap, with shrink-wrap sheets 10 mil or more in thickness, is permitted.

(g) Non-treated dimensional wood 4.0 inches or more in thickness and round wood logs.

(h) Non-treated marine grade plywood 0.5 inches or more in thickness.

(7) All polystyrene foam flotation used on 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. The exemptions in OAR 250-010-0705(8) shall not apply to any polystyrene foam device used to support fuel floats, docks, or floating structures used to store, maintain, or repair boat engines.

(8) Exemptions:

(a) The construction, maintenance, or operation of boats or vessels.

(b) Any polystyrene foam device manufactured into extruded closed cell beads 0.125 inch or smaller, approved for marine use.

Or. Admin. Code § 250-010-0705

OSMB 17-2018, adopt filed 12/05/2018, effective 1/1/2019; OSMB 3-2022, amend filed 04/08/2022, effective 4/8/2022

Statutory/Other Authority: ORS 830.110

Statutes/Other Implemented: ORS 830.955 & ORS 830.110