Vol. 27 Iss. 26 - August 29, 2011

Chapter 71
Final Regulation

REGISTRAR'S NOTICE: The State Water Control Board is claiming an exclusion from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The State Water Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 9VAC25-71. Regulations Governing the Discharge of Sewage and Other Wastes from Boats (amending 9VAC25-71-60).

Statutory Authority: § 62.1-44.33 of the Code of Virginia and § 312 of the Clean Water Act.

Effective Date: September 28, 2011.

Agency Contact: Melissa Porterfield, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4346, or email


Pursuant to Chapter 220 of the 2011 Acts of Assembly, the amendment provides additional options for boats and vessels to prevent sewage from being discharged while in a no discharge zone.

9VAC25-71-60. No discharge zones.

The following requirements apply in designated No Discharge Zones 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 capability, the installed toilet shall be removed 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 a device that is not readily removable, including, but not limited to, a numbered container seal, such that through-hull sewage discharge capability is rendered inoperable 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 no discharge zone shall notify boat patrons leasing slips of the sewage discharge restriction in the No Discharge Zone no discharge zone. As a minimum, notification shall consist of No Discharge Zone no discharge zone information in the slip rental contract and a sign indicating the area is a designated No Discharge Zone no discharge zone.

VA.R. Doc. No. R11-2868; Filed August 8, 2011, 3:10 p.m.