About No Discharge Zones

The Clean Water Act (CWA) prohibits dumping untreated sewage anywhere in United States territorial waters. Human waste from boating activities must either be stored for land-based disposal, or treated prior to discharge according to standards set by the U.S. Coast Guard. 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. 

For waters considered especially sensitive to contamination from bacteria and pathogens, the Clean Water Act provides states the opportunity to petition the U.S. Environmental Protection Agency for a special designation - one that bans the discharge of any human sewage, whether or not it is treated according to USCG standards. 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. Among those resources are the Bay's oysters, which have sustained human populations for thousands of years, and remain a highly desirable food for commercial and recreational harvest, as well as for aquaculture. Oysters are filter feeders, meaning they strain large volumes water to obtain the tiny plankton that they consume. Unfortunately, this behavior also leads to the concentration, in the oyster's gut, 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 extremely rigorous - the criterion for mean fecal bacteria concentration in such areas is less than one-tenth the concentration considered safe for swimming.  Nearly ninety-thousand acres of Virginia water are condemned for shellfish consumption due to unacceptably high concentrations of fecal bacteria. Predictably, these areas are typically small tidal tributaries that are less subject to the natural, twice-a-day tidal "flushing" that occurs in the Bay mainstem or larger tributaries.  In most cases, the exact causes of the contamination are unknown. Commonly implicated sources include improperly functioning land-based septic/sewer systems, livestock, pets and wildlife, and boats and marinas.

No Discharge Zones in Virginia

Recognizing the need to minimize the potential for contamination from any and all sources in these sensitive areas, the Virginia General Assembly unanimously passed House Bill 1774 in February, 2009. The Bill resolved that Virginia pursue NDZ designation for all its tidal creeks. The Bill did not call for NDZ designation of the entire Chesapeake Bay within its jurisdiction; the state recognized the initiative of those who have invested in on-board treatment systems, and had no desire to restrict their appropriate use. 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 TMDL implementation plans, designated to address all sources. 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.

Virginia's No Discharge Zone Applications and Designations

Applications for Federal No Discharge Zone Designations
 

Approved Federal No Discharge Zone Designations
 

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