How do you know that they "broke a law"? Are you a Coast Guard inspector?
These boats get inspected by the Coast Guards often, and if they were not in compliance, don't you think that the Coast Guard would have fined or forbidded them from conducting operation?
It's against the law to discharge sewage inside the 3 mile limit. The OP clearly stated that they did discharge sewage on a mooring within 3 miles of shore.
Having a MSD (Marine Sanitation Device aka toilet) that has continuous flow is certainly not within the standards. I've not heard of any such thing in my studies of the issue.
For what it's worth, No I'm not a CG employee. I do however volunteer on the Boater Waste Committee for the non-profit advocacy organization in our area. Boater Waste is a nice way of saying sewage discharge. I also own two boats, one sail, and one power. I studied the regulations and saw no mention of continuous discharge.
Regs state very clearly that vessels must have holding tanks and the OBD (overboard) discharge valve must be locked out with a physical lock.
Google:
Even in 1979 it was against the law:
Sarasota Herald-Tribune - Google News Archive Search
From the EPA:
How can citizens help reduce pollution from vessel marine sanitation devices?
Marina owners and operators should understand and provide information to boaters that improper vessel discharges of sewage can result in beach closures, shellfish contamination, and loss of recreational opportunities;
Boaters and other citizens should be encouraged to read the information and to participate in activities that support a clean and healthy aquatic environment;
Marina owners and operators should provide clean and safe on-shore sanitary restroom facilities for boaters, and maintain adequate pumpout and dump facilities and encourage their use;
Boaters should be encouraged to install and use a Coast Guard-certified Marine Sanitation Device (MSD) appropriate for their vessel and the type of waterbody where the vessel will be operated (information on MSDs is available at
Ocean Regulatory Programs | Oceans, Coasts, & Estuaries | US EPA and they should also be encouraged to learn how to use and maintain their MSDs properly, and to learn how to use marina pumpout stations for Type III MSDs; and;
Citizens should report violations of the MSD program to their local Coast Guard station (listed in the telephone book or located at
U. S. Coast Guard Home Page)
(note the last one)
Legal Citation: (for those that still don't think this is real or serious... )
Is the discharge of untreated vessel sewage legal?
Clean Water Act Section 312 requires the use of marine sanitation devices (MSDs), on-board equipment for treating and discharging or storing sewage, on all commercial and recreational vessels that are equipped with installed toilets. The statute does not apply to vessels with portable toilets ("porta-potties") nor any other on-board portable sewage reception system; gray water from bath or kitchen sinks; nor does it apply to vessels beyond the three-mile limit of U.S. territorial waters. The discharge of untreated (as well as treated) sewage is prohibited in State waters that have been designated as no-discharge zones for vessel sewage, as well as in waters that have specific provisions that address vessel sewage.
California's predictable stance on this issue:
http://www.foe.org/sites/default/files/CA_Del_to_EPA_on_CA_NDZ.pdf
They want the ENTIRE state declared a NDZ, which is honestly not unreasonable. Now, the NDZ request talks about large ships... but the reality is that a NO Discharge Zone is exactly that... and it applies equally to all vessels.
According to the USCG:
USCG Systems Engineering Division (CG-5213)
Vessel Operators: No person may operate any Vessel having an installed toilet facility unless it is equipped with an installed and operable MSD of a type approved by the U.S. Coast Guard to meet the requirements of 33 CFR Part 159.
Approved MSDs: There are three different types of MSDs that can be certified by the U.S. Coast Guard to meet the requirements in 33 CFR Part 159, each having its own design, certification, and discharge criteria. For more information see 33 CFR 159.53.
Type I is a flow through discharge device that produces effluent having a fecal coliform bacteria count not greater than 1,000 per 100 milliliters and no visible floating solids. This type of device is typically a physical/chemical based system that relies on maceration and chlorination. Type I MSDs are issued a Certificate of Approval.
Type II is a flow through discharge device that produces effluent having a fecal coliform bacteria count not greater than 200 per 100 milliliters and suspended solids not greater than 150 milligrams per liter. This type of device is typically a biological or aerobic digestion based system.
Type III is a device that prevents the overboard discharge of treated or untreated sewage or any waste derived from sewage. This type of device is typically a holding tank and may include other types of technology including incineration, recirculation, and composting.
Inspected Vessels: In addition to the MSD requirements in 33 CFR Part 159, inspected vessels must also comply with the marine engineering regulations in 46 CFR Subchapter F and the marine electrical regulations in 46 CFR Subchapter J. The U.S. Coast Guard Certificate of Approval and device label will both indicate inspected vessel for those devices that meet these additional requirements and therefore are suitable for installation onboard inspected vessels. For more information see 33 CFR 159.97.
The first part is pretty damning and sums it up nicely. "NO PERSON MAY OPERATE any vessell unless it has an approved MSD"
Moving further down.....
Illegal discharge.
Effluent discharged from a vessel that does not meet EPA's published standard subjects the vessel owner or operator to civil penalty of up to $2,000 for each violation under section 1322(j) of the Act. Strict adherence to all of the manufacturer's operating instructions may be taken into consideration when determining the gravity of the violation. The device itself may be investigated to determine why is was not capable of meeting EPA's effluent standard and, in this case, the manufacturer may be in violation of section 312(g)(1) of the Act which requires that all MSDs be "...in all material respects substantially the same as a test device certified under this subsection." The maximum penalty for each violation of this subsection is $5,000. For more information see 33 U.S.C. 1322(j). If you witness a vessel discharging raw or untreated sewage inside U.S. waters or if you see a visible floating solid in the wastestream then you are encouraged to report it to your nearest Coast Guard office or to the National Response Center 24-hours a day.
NDZ's
No discharge zone.
While operating a vessel in an EPA designated no discharge zone, flow-through devices are only permitted if adequately secured to prevent discharges of all treated and untreated sewage. For example, closing the seacock and padlocking, using a non-releasable wire tie, or removing the seacock handle are considered to be sufficient in most cases. For short voyages, locking the door to the head with a padlock or a door handle key lock is another acceptable method. For vessels that routinely operate in no discharge zones a Type III MSD is recommended. For more information see 33 CFR 159.7 and 40 CFR Part 140.
Legal Basis - calls this specific type of installation out
Legal basis.
Section 312 of the Clean Water Act, which is also known as the Federal Water Pollution Control Act of 1956, requires a certified operable MSD on every vessel with an installed toilet to prevent the discharge of untreated or inadequately treated sewage into U.S. waters. It is illegal for vessels having an installed toilet but no MSD to discharge sewage. Section 312(g)(2) of the Act directs the Coast Guard to certify MSDs. For more information see 33 U.S.C. 1322, et. seq.
Lastly, sure they probably have a Certificate of Approval.... the Coasties aren't perfect... there aren't very many of them and they have a lot of boats to watch... so it's possible that the inspector didn't see it or asked and was lied to about a holding tank. The only reason to directly discharge is to avoid pumpout costs which are miniscule. Btw, pumpout facilities are somewhat expensive to install and maintain. Think of a contiuous operation shop vac for sewage.
This is about the only SoCal boat I haven't been on before, which is one of the reasons we booked it - we figured it was time we checked it out. I'm happy to hear that the service was great overall, other than the poo-on-the-head issue. I will be checking out the sitch on Saturday, and will bring it to their attention if it appears to be a problem. I'll report back here on Sunday.
