The Clean Water Act prohibits dumping untreated sewage anywhere in United States navigable waters including the territorial seas. Human waste from boating activities must either be stored for land-based disposal, or treated prior to discharge with a Marine Sanitation Device that is certified by the U.S. Coast Guard as meeting treatment standards set by the U.S. Environmental Protection Agency. These treatment standards are designed to minimize visible floating solids and to significantly reduce (but not eliminate) the concentration of fecal coliform bacteria and any other pathogens potentially associated with human waste. These standards do not provide for the reduction of nutrient levels (such as nitrogen and phosphorus) or treatment of other organic material.

For waters that need greater environmental protection from vessel sewage discharges, the Clean Water Act provides states the opportunity to petition EPA for a special designation - one that bans the discharge of any human sewage, whether or not it is treated by a Marine Sanitation Device. Waters that receive this designation are called No Discharge Zones (NDZs). To secure this designation for a given water body, the state must demonstrate a) the need for special protection, b) the availability of alternatives to overboard discharge (i.e., pump-outs), and c) local stakeholder support.

Shellfish Waters - Worthy of Special Protection

Virginia is the beneficiary of the bountiful natural resources of the Chesapeake Bay and its tidal tributaries including the Bay's oysters and clams. These shellfish are filter feeders, meaning they strain large volumes of water to obtain the tiny plankton that they consume. Unfortunately, this behavior also leads to the concentration, in the gut of these shellfish, of any bacteria and pathogens which may be present in the water. For this reason, the state water quality standard for bacteria in waters capable of propagating shellfish is more rigorous than the bacteria concentration considered safe for swimming. Oysters and clams have sustained human populations for thousands of years, and remain a highly desirable food for commercial and recreational harvest, as well as for aquaculture. Virginia’s shellfish industry is an important part of Virginia’s economy and depends on excellent water quality.

No Discharge Zones in Virginia

The Virginia General Assembly unanimously passed House Bill 1774 in February, 2009 which resolved that Virginia pursue NDZ designation for all its tidal creeks. In 2011, the Virginia General Assembly passed House Bill 1943 and clarified that NDZ designation is premised on the improvement of impaired tidal creeks. NDZs are one component of watershed clean-up plans, or implementation plans, designated to address all sources. Most marina operators are already required by law to provide for the land-based disposal of boat waste. DEQ and the state strongly encourage public input during the development of clean-up plans and NDZ applications.