62.1-44.33 - Board to adopt regulations; tidal waters no discharge zones.
§ 62.1-44.33. Board to adopt regulations; tidal waters no discharge zones.
A. The State Water Control Board is empowered and directed to adopt allnecessary regulations for the purpose of controlling the discharge of sewageand other wastes from both documented and undocumented boats and vessels onall navigable and nonnavigable waters within this Commonwealth. No suchregulation shall impose restrictions that are more restrictive than theregulations applicable under federal law; provided, however, the Board mayadopt such regulations as are reasonably necessary with respect to: (i)vessels regularly berthed in marinas or other places where vessels aremoored, in order to limit or avoid the closing of shellfish grounds; and (ii)no discharge zones. Documented and undocumented boats and vessels areprohibited from discharging into the Chesapeake Bay and the tidal portions ofits tributaries sewage that has not been treated by a Coast Guard-approvedMarine Sanitation Device (MSD Type 1 or Type 2); however, the discharge oftreated or untreated sewage by such boats and vessels is prohibited in areasthat have been designated as no discharge zones by the United StatesEnvironmental Protection Agency.
B. The tidal creeks of the Commonwealth are hereby established as nodischarge zones for the discharge of sewage and other wastes from documentedand undocumented boats and vessels. The Board shall adopt regulations fordesignated no discharge zones requiring (i) boats and vessels withoutinstalled toilets to dispose of any collected sewage from portable toilets orother containment devices at marina facilities approved by the Department ofHealth for collection of sewage wastes, or otherwise dispose of sewage in amanner that complies with state law; (ii) all boats and vessels withinstalled toilets to have a marine sanitation device to allow sewage holdingcapacity unless the toilets are rendered inoperable; (iii) all houseboatshaving installed toilets to have a holding tank with the capability ofcollecting and holding sewage and disposing of collected sewage at a pump-outfacility; if the houseboats lack such tank with such capability, the toiletmust be removed; (iv) y-valves, macerator pump valves, or any otherthrough-hull fitting valves capable of allowing a discharge of sewage frommarine sanitation devices to be secured in the closed position by a devicethat is not readily removable, including, but not limited to, a numberedcontainer seal such that through-hull sewage is rendered inoperable; and (v)every owner or operator of a marina within a designated no discharge zone tonotify boat patrons leasing slips of the sewage discharge restriction in theno discharge zone. As a minimum, notification shall consist of no dischargezone information in the slip rental contract and a sign indicating the areais a designated no discharge zone.
In formulating regulations pursuant to this section, the Board shall consultwith the State Department of Health, the Department of Game and InlandFisheries and the Marine Resources Commission for the purpose of coordinatingsuch regulations with the activities of such agencies.
For purposes of this section, "no discharge zone" means an area where theCommonwealth has received an affirmative determination from the U.S.Environmental Protection Agency that there are adequate facilities for theremoval of sewage from vessels (holding tank pump-out facilities) inaccordance with 33 U.S.C. § 1322(f)(3), and where federal approval has beenreceived allowing a complete prohibition of all treated or untreateddischarges of sewage from all vessels.
C. Violation of such regulations and violations of the prohibitions createdby this section on the discharge of treated and untreated sewage fromdocumented and undocumented boats and vessels shall, upon conviction, be aClass 1 misdemeanor. Every law-enforcement officer of this Commonwealth andits subdivisions shall have the authority to enforce the regulations adoptedunder the provisions of this section and to enforce the prohibitions on thedischarge of treated and untreated sewage created by this section.
(Code 1950, § 62.1-44.1; 1968, c. 659; 1970, c. 638; 1975, c. 204; 1997, c.502; 2001, c. 42; 2004, c. 287; 2009, c. 337.)