No-discharge zones: How they work

(This article was published in the September/October, 1999, edition of the Marina Dock Age magazine. Marina owners and operators are the major subscribers of the magazine.)

A healthy watershed is an integral ingredient for sustaining the health of our navigable waterways, adjacent marshes, and wetlands. These waterways are important because they provide breeding areas, shelter, and food for many types of fish and aquatic animals. Waterfowl and other wildlife often come to these areas to feed, drink, and bathe. Also, the health and cleanliness of our waterways has a direct link to the health of the marina industry. Commercial and recreational boating play an important role in American society. Unfortunately, the discharge of sewage from these boats into the waterways can contribute to the degradation of the marine environment by introducing disease-causing microorganisms such as bacteria, protozoa, and viruses. This article will discuss the designation of no-discharge zones (NDZs), their current national status, and things that you as marina owners and/or operators can do to support their designation.

WHAT ARE NDZs?

The Clean Water Act (CWA) was passed in 1972 to restore and maintain the chemical, physical, and biological integrity of our Nation's waters. One provision of the Act (Section 312), entitled "Marine Sanitation Devices," gives Environmental Protection Agency and States the authority to designate NDZs. An NDZ is an area of a waterbody or an entire waterbody into which the discharge of sewage (whether treated or untreated) from all vessels is completely prohibited; they are designed to give States an additional tool to address water quality issues associated with sewage contamination. EPA regulations on NDZs¹ define both waterbodies that are NDZs by their geographical nature (thus States do not have to seek a NDZ designation) and waterbodies that can be designated by States and EPA. The waterbodies that are NDZs by their geographical nature are freshwater lakes, freshwater reservoirs, or other freshwater impoundments whose entrance points and exit points are too shallow to support traffic by the regulated vessels (those vessels with installed toilets)². Rivers that do not support interstate vessel traffic are also NDZs by default.³ On the other hand, waterbodies that can be designated as NDZs by States and EPA include: coastal waters and estuaries, the Great Lakes and their inter-connected waterways, fresh-water lakes and impoundments accessible through locks or other secondary waterways, and other flowing waters that are navigable interstate by vessels subject to regulation.⁴ In order for EPA to become involved, a State has to formally request that a specific portion of a waterbody (or all of its waterbodies)-that is not a NDZ by default-be designated through the process described below.

HOW DOES THE DESIGNATION PROCESS WORK?

To initiate the NDZ process, an interested party, group, or local government can discuss their concerns with the appropriate State agency that addresses vessel sewage discharges. If the State determines a waterbody to be appropriate for designation as a NDZ, the State can submit to the EPA Regional Administrator an application to have the waterbody (or waterbodies) of concern designated. The application and designation process varies depending upon the type of NDZ that the State is seeking. The three ways that NDZs can be established are outlined below.

First, the CWA allows any State, which determines that the protection and enhancement of the quality of some or all of its waters require greater environmental protection, to establish a NDZ provided that EPA determines that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available.⁵ EPA is responsible for issuing a Notice of Determination in the Federal Register of its findings regarding the availability of adequate pumpout and dump stations to support the State's NDZ.⁶

Second, the CWA states that, upon the application of a State, the EPA is to issue a regulation declaring a NDZ in the waters of concern (i.e., special waters) if the protection and enhancement of the quality of the waters require such a prohibition (i.e., if the waters are found to have particular environmental importance).⁷ This environmental importance can include waters located in established sanctuaries, national parks, national wilderness areas and national recreation areas, and in waters used by endangered or threatened species. The State does not have to show that there are reasonably available pump-out or dump stations.⁸

Third, the CWA requires EPA, upon application of the State, to establish a NDZ by regulation to prohibit the discharge of sewage from vessels into waters that are drinking water intake zones.⁹ There is no need for the State to show that there are reasonably available pump-out or dump stations. The regulations addressing the application process regarding drinking water intake NDZs were amended in 1998.¹⁰

WHERE HAVE NDZs BEEN USED AND WHY?

States have used the NDZ designations under many different circumstances. In most instances, States use NDZ designations to address human health, aesthetic, and environmental impacts from their increasing boating population.¹¹ However, States also have sought NDZ designations to protect "special waters"¹² and drinking water intake zones¹³. For example, in 1977 Minnesota requested and received a NDZ to preserve its Boundary Water Canoe Area from sewage contamination by boaters under the"special waters" provision. In 1995, New York successfully had two portions of the Hudson River designated as drinking water intake NDZs.

The establishment of NDZs since they first became available in 1976 is depicted in the chart below. After an initial wave of designations during the first year, there were no designations for about 8 years. There has been a gradual increase of designations since 1987. In the past 10 years, the Northeastern region of the United States (Massachusetts to New Jersey) has accounted for nearly 95% of the NDZ designations (15 of 16). Of these 16, 7 were in Massachusetts.

Currently 6 States have all (or nearly all) of their surface waters designated as NDZs. Those States are: Michigan, Missouri, New Hampshire, New Mexico, Rhode Island, and Wisconsin. In addition, 11 other States have segments of their surface waters designated as NDZs. Those states are: California, Florida, Georgia, Massachusetts, Minnesota, New Jersey, Nevada, New York, South Carolina, Texas, and Vermont. Approximately 50% of the NDZs are in fresh water and the other 50% are in salt or estuarine waters.

THE MARINA OPERATOR'S ROLE?

While protecting our inland and coastal waters from further contamination will require a concerted effort by industry, marinas, municipalities, and citizens, each individual marina can help. Support the Vessel Sewage Disposal Program at your marina by doing the following:

• Understand and provide information to boaters that improper vessel discharges can result in beach closures, shellfish contamination, loss of recreational opportunities and negative aesthetic qualities for all citizens who enjoy our waterways and shorelines, and not to mention loss of marina industry revenue.

• Provide clean and safe on-shore sanitary restroom facilities for boaters.

• Encourage boaters to install and use a Coast Guard-certified Marine Sanitation Device (MSD) appropriate for their vessel and the type of waterbody where the vessel will be operated (information on MSDs is available at Marine Sanitation Devices

• Encourage boaters to learn how to use and maintain their MSDs properly, and to learn how to use marina pumpout stations for Type III MSDs;

• Provide and maintain adequate pumpout and dump facilities and encourage their use; and

• Report violations of the MSD program to your local Coast Guard station (listed in the telephone book).

Through actions such as these, marina owners and operators can work with boaters to help keep all of our waters healthy and enjoyable.

Please call the EPA's Oceans and Coastal Protection Division (OCPD) for additional information at (202) 566-1200, or visit OCPD's Home Page, Oceans, Coasts, & Estuaries (http://www.epa.gov/owow/oceans/).

1. 40 CFR 140 entitled "Marine Sanitation Device Standard"

2. 40 CFR 140.3(a)(1) under "Standard"

3. Ibid

4. 40 CFR 140.3(a)(2) under "Standard"

5. Clean Water Act Section 312(f)(3) entitled "Regulation by States or political subdivisions thereof; complete prohibition upon discharge of sewage"

6. 40 CFR Part 140.4(a) entitled "Complete Prohibition"

7. Clean Water Act Section 312(f)(4)(A) entitled "Regulation by States or political subdivisions thereof; complete prohibition upon discharge of sewage"

8. 40 CFR Part 140.4(b) entitled "Complete prohibition"

9. Clean Water Act Section 312(f)(4)(B) entitled "Regulation by States or political subdivisions thereof; complete prohibition upon discharge of sewage"

10. 40 CFR Part 140.4(c)(1) entitled "Complete prohibition"

11. Clean Water Act Section 312(f)(3) entitled "Regulation by States or political subdivisions thereof; complete prohibition upon discharge of sewage"

12. Clean Water Act Section 312(f)(4)(A) entitled "Regulation by States or political subdivisions thereof; complete prohibition upon discharge of sewage"

13. Clean Water Act Section 312(f)(4)(B) entitled "Regulation by States or political subdivisions thereof; complete prohibition upon discharge of sewage"