Virginia Department of Health Division of Shellfish Sanitation & Division of Wastewater Engineering

1. Virginia Department of Health Division of Shellfish Sanitation & Division of Wastewater Engineering Rappahannock River No-Discharge Zone September 12, 2007

2. WHAT is a “No Discharge Area” • No Discharge Area (NDA)= No Discharge Zone - (Most EPA Regions use Zone - Clean Water Act uses Area) • Federal EPA Approval of State Designation – (State demonstration of availability of Pump-out Facilities) • Discharge of TREATED and UNTREATED boat sewage prohibited • NDZ will prohibit treated boat sewage from Type I and Type II Marine Sanitation Devices (MSDs)

3. Background Information on “No Discharge Zones” • Laws and Regulations • Sec. 312 Clean Water Act – Addresses sewage discharge from • boats. • EPA reg. 40 CFR Part 140 - Addresses sewage discharge from • boats. • Fed. Regulations control discharge by requiring boats with • installed toilets to have (USCG Approved) Marine Sanitation • Devices or MSD’s (Type I / II). Type III (MSD’s) are holding tanks • and cannot be discharged – sewage must be removed by • onshore pump-out facilities. • State Regulation 9 VAC 25-71 prohibits the discharge of raw • sewage from boats, holding tanks (Y-valve) or portable toilets into • Virginia waters

4. …continued. • Federal law prohibits a state from adopting regulations regarding • MSD’s that are more stringent than federal regulations but it allows a • state to petition EPA for designation of No Discharge Zones (NDZ’s), • where all sewage discharges, treated, or untreated, are banned. • Any citizen can initiate the process but the final request must be • signed by the governor or chief environmental officer of the state. • The state, in the application for a NDZ, would have to demonstrate • that the particular water body requires special protection and that • there are adequate pump-out facilities in the area.

5. WHY apply for NDZ for the Rappahannock River ? • The Rappahannock River between Bowlers Wharf/Suggetts Pt. and the demarcation line from Windmill Point/Stingray Point will have one set of rules • Eliminates confusion and accidental discharge from poorly maintained systems • Public Health and Water Quality Benefits • Adequate Pump-out Facilities are Available

6. 19812007 # of Pump-outs 13 30 + 1 Pump-out Boat Boating Fac./Slips/Boats N/A 137 / 3976 / 2297 Proposed Pump-out/Dump Station Installations: Carter’s Cove Marina – Lancaster Co. Urbanna Townhouse Marina – Town of Urbanna Bush Park Campground – Middlesex Co. Rappahannock Yachts II – Lancaster Co. Windmill Point – Lancaster Co.

7. Boats can create a special problem if they discharge sewage near swimming beaches, shellfish beds, reefs, marinas or freshwater intakes

8. City of Virginia Beach – Lynnhaven Marinas: Samples from Type III MSD Type I MSD must produce an effluent having a fecal coliform bacteria count not greater than 1,000 per 100 milliliters and no visible floating solids. Type II MSD must produce an effluent having a fecal coliform bacteria count not greater than 200 per 100 milliliters and suspended solids not greater than 150 milligrams per liter

9. Federal No-Discharge Regulations33 CFR159, Subpart A, Section 159.7 Subsection (b) When operating a vessel in a no-discharge area, the operator must secure each Type I or Type II MSD in a manner that prevents discharge of treated or untreated sewage. Acceptable methods of securing the device include: • Closing the seacock and removing the handle; • Padlocking the seacock in the closed position; • Using a non-releasable wire-tie to hold the seacock in the closed position; or • Locking the door to the space enclosing the toilet with a padlock or door handle key lock. Subsection (c) • When operating a vessel in a no-discharge area, the operator must secure each Type III MSD in a manner that prevents discharge of treated or untreated sewage. Acceptable methods of securing the device include: • Closing each valve leading to an overboard discharge and removing the handle; • Padlocking each valve leading to an overboard discharge in the closed position; or • Using a non-releasable wire-tie to hold each valve leading to an overboard discharge in the closed position.

10. DATA COLLECTION Data required for proposed NDZ application: • Certification that the NDZ requires greater protection than the applicable federal standard • Resource description • Fecal coliform data, other water quality data, biochemical oxygen demand (B.O.D.) • Description of the locations, owners, operators, public/private, capacity of pump-out facilities • General schedule of operating hours, phone numbers, maintenance, fees • Water depth adjacent to facility (Mean Low Water) • Waste treatment information on compliance (collection by licensed hauler, Publicly Owned Treatment Works, etc) • Vessel population and usage, both recreational and commercial - estimated % Type I, II and III MSDs

11. QUESTIONS? Preston Smith Marina Program Manager Division of Wastewater Engineering (804)864-7468 preston.smith@vdh.virginia.gov Daniel Powell GIS Analyst Division of Shellfish Sanitation (804)864-7482 daniel.powell@vdh.virginia.gov