Vessel Sewage Discharge Program
How can citizens help reduce pollution from vessel marine sanitation devices?
- Marina owners and operators should understand and provide information to boaters that improper vessel discharges of sewage can result in
beach closures, shellfish contamination, and loss of recreational opportunities;
- Boaters and other citizens should be encouraged to read the information and to participate in activities that support a clean and healthy
aquatic environment;
- Marina owners and operators should provide clean and safe on-shore sanitary restroom facilities for boaters, and maintain adequate pumpout
and dump facilities and encourage their use;
- Boaters should be encouraged 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
http://www.epa.gov/owow/oceans/regulatory/index.html and they should also be
encouraged to learn how to use and maintain their MSDs properly, and to learn how to use marina pumpout stations for Type III MSDs; and;
- Citizens should report violations of the MSD program to their local Coast Guard station (listed in the telephone book or located at
www.USCG.mil)
What does the Clean Water Act (CWA) Section 312 say about marine sanitation device (MSD) standards?
Section 312
of CWA mandates the use of marine sanitation devices (MSDs), on-board equipment for treating and discharging or storing sewage, on all commercial and
recreational vessels that are equipped with installed toilets. The Act also mandates the development of MSD standards, and regulations to implement the
requirements of the statute.
What does the Clean Water Act (CWA) say about the establishment of no-discharge zones for vessel sewage?
Under Section 312 of CWA, EPA or States may establish no-discharge zones in which the discharge of sewage from all vessels into specified waters
is prohibited. There are 3 objectives for this designation. Under CWA Section 312(f)(3), a State may designate portions of their waters
as no-discharge zones if the State determines that the protection and enhancement of the quality of the waters require greater environmental protection
than current Federal standards allow. In this instance, EPA is required to determine if there are adequate pumpout facilities available. Additionally,
a State may make a written application to the Administrator under CWA Sections 312 (f)(4)(A) or 312 (f)(4)(B), for the issuance of a regulation completely
prohibiting discharge from a vessel of any sewage, whether treated or not, into specified waters that have environmental importance or waters that serve
as drinking water intakes, respectively. The application requirements may vary depending on whether it's an application under CWA Sections 312(f)(3),
312(f)(4)(a), or 312 (f)(4)(B).
What are the 3 objectives for designating no-discharge zones for vessel sewage?
#1: Particular Environmental Importance when Adequate Pumpout Facilities are Available (CWA Section 312 (f)(3))
A State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into some or all of its waters if: (1) the
State determines that the protection and enhancement of the quality of the waters require greater environmental protection than current Federal
regulations; and (2) EPA determines that adequate facilities for the safe and sanitary removal, and treatment of sewage from all vessels are reasonably
available.
#2: Particular Environmental Importance (CWA Section 312 (F)(4)(A))
If EPA determines, upon application by a State, that the protection and enhancement of specified waters require a prohibition, EPA will by regulation
completely prohibit the discharge from a vessel of any sewage, whether treated or not, into those waters. Unlike no-discharge zones under Type #1 above,
the State does not have to show that there are adequate and reasonably available pump-out stations. The purpose of this type of designation is to protect
human health (through water-contact activities), sensitive habitats, and aquatic organisms, birds, and other animals utilizing the water from adverse impacts
of vessel sewage. Environmental importance can include waters located in established sanctuaries, national parks, national wilderness areas, national
recreation areas, and areas used by endangered or threatened species.
# 3: Drinking Water Intake Zone (CWA Section 312 (f)(4)(B))
EPA, upon application by a State, will by regulation prohibit the discharge of sewage from vessels within a drinking water intake zone. The purpose of
this no-discharge zone is to safeguard human health through the protection of intake waters used for drinking. The State does not need to show that there
are reasonably available pump-out stations. See
January 8, 1998 Federal Register Notice.
Who has enforcement authority of no-discharge zones for vessel sewage?
The U.S. Coast Guard (or any other Federal or State government entity under agreement with the U.S. Coast Guard) and the State in which the
no-discharge zone has been designated have enforcement authority of the no-discharge zones for vessel sewage.
Can untreated sewage be discharged from vessels (with installed toilets) into rivers, lakes, estuaries, or coastal
waters?
No, unless the boat is more than 3 miles from shore in coastal waters. Vessels with installed toilets may not discharge treated or untreated sewage
into freshwater lakes, freshwater reservoirs, or other freshwater impoundments whose entrance point(s) and exit point(s) are too shallow to allow these
vessels to enter or leave. These waters are no-discharge zones for vessel sewage under 40 CFR 140.3(a)(1). That prohibition also includes freshwater
lakes bordering two or more states whose entrance point(s) and exit point(s) are too shallow to allow vessels subject to these regulations to enter or
leave. Rivers that do not support interstate traffic by vessels subject to this regulation are no-discharge zones under 40 CFR 140.3(a)(1). In contrast,
under 40 CFR 140.3(a)(2) the waters where a Coast Guard approved marine sanitation device permitting discharge of sewage is allowed (unless the waters have
been designated as a no-discharge zone for vessel sewage) 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.
Who designates no-discharge zones for vessel sewage?
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. For more information see "What are the 3 objectives for designating
no-discharge zones for vessel sewage?" located above.
Is the discharge of untreated vessel sewage legal?
Clean Water Act Section 312 requires the use of marine sanitation devices (MSDs), on-board equipment for treating and discharging or storing sewage,
on all commercial and recreational vessels that are equipped with installed toilets. The statute does not apply to vessels with portable toilets
("porta-potties") nor any other on-board portable sewage reception system; gray water from bath or kitchen sinks; nor does it apply to vessels
beyond the three-mile limit of U.S. territorial waters. The discharge of untreated (as well as treated) sewage is prohibited in State waters that have
been designated as no-discharge zones for vessel sewage, as well as in waters that have specific provisions that address vessel sewage.
Why should a vessel install a marine sanitation device (isn't there adequate dilution in our lakes, estuaries, and coastal
waters?)
Fecal coliform bacteria, which are found in the intestines of all warm-blooded animals, are aquatic indicator organisms in the water. Their presence
is used to predict the presence of other harmful organisms. Shellfish filter water across their gills, and the collected particles from the water moves
into their stomachs and other visceral organs. As a result, shellfish have the ability to collect harmful organisms, and to pass these organisms-at a
much higher concentrations-on to unsuspecting consumers.
Vessel sewage is more concentrated than domestic sewage because people on boats use less volumes of water for sanitary purposes than do people on land.
A single boat discharging the contents of its holding tank into the waters of a harbor may pose little human health risk. However, if several hundred boats,
on the other hand, are docked in a harbor with a poor flushing rate, and they dump their toilet waste directly overboard, that can present a definite
problem.
It has been observed that boating activities and the closure of shellfish beds have been directly linked. It has also been found that high levels of
fecal coliform bacteria are most evident in areas with high boating concentrations and low tidal flushing. For example, the northern portion of Great Salt
Pond had been closed to shellfish harvesting during the summer months for 13 years beginning in 1983 due to the increased concentrations of fecal coliform
bacteria. The increase in fecal coliform bacteria concentrations coincided with the increase in boating activity during the summer months. In 1993, Great
Salt Pond was granted a no-discharge zone for vessel sewage designation. That designation, along with an increase in the number of available pumpout
stations, and better boater education has been linked to the opening of the shellfish beds for harvesting during the summer months beginning in June 1996.
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