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9VAC25-71-60. No discharge zones.

The following requirements apply in designated no discharge zones:

1. All discharge of sewage, whether treated or not, and other wastes from all vessels into designated no discharge zones is prohibited. A listing of designated no discharge zones within the state appears at 9VAC25-71-70.

2. Vessels without installed toilets shall dispose of any collected sewage from portable toilets or other containment devices at facilities approved by the Virginia Department of Health for collection of sewage wastes, or otherwise dispose of sewage in a manner that complies with state law.

3. Vessels with installed toilets shall have a marine sanitation device to allow sewage holding capacity unless the toilets are rendered inoperable.

4. Houseboats having installed toilets shall have a holding tank with the capability of collecting and holding sewage and disposing of collected sewage at a pump-out facility or other facility approved by the Virginia Department of Health for collection of sewage wastes; if a houseboat lacks such tank, the sanitation device shall meet the requirements of subdivision 5 of this subsection.

5. Y-valves, macerator pump valves, discharge conveyances, or any other through-hull fitting valves capable of allowing a discharge of sewage from marine sanitation devices shall be secured in the closed position while in a no discharge zone by use of a padlock, nonreleasable wire tie, or removal of the y-valve handle. The method chosen shall present a physical barrier to the use of the y-valve or toilet.

6. Every owner or operator of a marina within a designated no discharge zone shall notify boat patrons leasing slips of the sewage discharge restriction in the no discharge zone. As a minimum, notification shall consist of no discharge zone information in the slip rental contract and a sign indicating the area is a designated no discharge zone.

Statutory Authority

62.1-44.33 of the Code of Virginia and 312 of the federal Clean Water Act.

Historical Notes

Derived from Virginia Register Volume 19, Issue 14, eff. April 23, 2003; amended, Virginia Register Volume 21, Issue 2, eff. November 3, 2004; Volume 27, Issue 26, eff. September 28, 2011.

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