Chapter 71. Regulations Governing the Discharge of Sewage and Other Wastes from Boats
9VAC25-71-10. Definitions.
For the purposes of this chapter, the following definitions apply:
"Act" means the Clean Water Act (33 USC § 1251 et seq.) and standards and regulations promulgated thereunder.
"Board" means the State Water Control Board. When used outside the context of the promulgation of regulations, including regulations to establish general permits, "board" means the Department of Environmental Quality.
"Container seal" means a tamper-evident plastic or wire security device.
"Department" means the Department of Environmental Quality.
"Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
"Discharges incidental to the normal operation of a vessel" means discharges of graywater (galley, bath and shower water), bilge water, cooling water, weather deck runoff, ballast water, oil water separator effluent, and any other discharge from a properly functioning marine engine or propulsion system, shipboard maneuvering system, crew habitability system, or installed major equipment, such as an aircraft carrier elevator or catapult, or from a protective, preservative, or adsorptive application to the hull of a vessel, or a discharge in connection with the testing, maintenance, and repair of a system described above whenever the vessel is waterborne. It does not include a discharge of rubbish, trash, garbage, other such material discharged overboard or pollution.
"Houseboat" means a vessel that is used primarily as a residence and is not used primarily as a means of transportation.
"Industrial wastes" means liquid or other wastes resulting from any process of industry, manufacture, trade or business, or from the development of natural resources.
"Macerator pump valve" means a valve in a vessel's sewage piping that in the open position allows an overboard discharge of sewage via a through-hull fitting.
"Marina" means any installation, operating under public or private ownership, that provides dockage or moorage for boats (exclusive of paddle or rowboats) and provides, through sale, rental or fee basis, any equipment, supply or service (fuel, electricity or water) for the convenience of the public or its lessee, renters or users of its facilities.
"Marine sanitation device" means any equipment installed on a boat or vessel and that is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage.
"No Discharge Zone" means an area where a state has received an affirmative determination from the U.S. Environmental Protection Agency that there are adequate facilities for the removal of sewage from vessels (holding tank pump-out facilities) in accordance with § 312(f)(3) of the Act, and where federal approval has been received allowing a complete prohibition of all treated or untreated discharges of sewage from all vessels;
"Other waste" means decayed wood, sawdust, shavings, bark, lime, garbage, refuse, ashes, offal, tar, oil, chemicals, and all other substances, except industrial waste and sewage, which may cause pollution in any state waters.
"Pollution" means such alteration of the physical, chemical or biological properties of any state waters as will or is likely to create a nuisance or render such waters (i) harmful or detrimental or injurious to the public health, safety or welfare, or to the health of animals, fish or aquatic life; (ii) unsuitable with reasonable treatment for use as present or possible future sources of public water supply; or (iii) unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses; provided that (a) an alteration of the physical, chemical, or biological property of state waters, or a discharge or deposit of sewage, industrial wastes or other wastes to state waters by any owner which by itself is not sufficient to cause pollution, but which, in combination with such alteration of or discharge or deposit to state waters by other owners, is sufficient to cause pollution; (b) the discharge of untreated sewage by any owner into state waters; and (c) contributing to the contravention of standards of water quality duly established by the board, are "pollution" for the terms and purposes of this chapter.
"Pump-out facility" means any device, equipment or method of removing sewage from a marine sanitation device. Also it shall include any holding tanks either portable, movable or permanently installed, and any sewage treatment method or disposable equipment used to treat, or ultimately dispose of, sewage removed from boats.
"Sewage" means human body wastes, the wastes from toilets and other receptacles intended to receive or retain human wastes, and liquid-carried human wastes together with such industrial wastes and other liquid as may be present.
"State" means the Commonwealth of Virginia.
"State waters" means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth of Virginia or within its jurisdiction, including wetlands.
"Vessel" means every description of watercraft or other artificial contrivance used, or capable of being used on the waters of the state, including boats and houseboats regardless of size, means of propulsion or place of registry.
"Y-valve" means a valve in a vessel's sewage piping that in the open position allows an overboard discharge of sewage via a through-hull fitting, and in the closed position prevents an overboard discharge and retains sewage in a holding tank.
Statutory Authority
§ 62.1-44.33 of the Code of Virginia; § 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 39, Issue 5, eff. November 23, 2022.
9VAC25-71-20. Federal regulations.
The following federal regulations are hereby incorporated by reference: Marine Sanitation Device Standard, 40 CFR Part 140 (2006).
Statutory Authority
§ 62.1-44 of the Code of Virginia and 33 USC § 1313 (e) of the Clean Water Act.
Historical Notes
Derived from Virginia Register Volume 19, Issue 14, eff. April 23, 2003; amended, Virginia Register Volume 23, Issue 15, eff. May 2, 2007.
9VAC25-71-30. Penalty.
Section 62.1-44.33 of the Code of Virginia provides penalties for violations of these regulations.
Statutory Authority
§ 62.1-44.33 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 14, eff. April 23, 2003.
9VAC25-71-40. Miscellaneous waste discharges.
No person shall discharge other wastes from any vessel on any navigable or nonnavigable waters into state waters. This provision shall not prohibit discharges incidental to the normal operation of a vessel and shall not be applicable to the harvesting of seafood and fisheries products.
Statutory Authority
§ 62.1-44.33 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 14, eff. April 23, 2003.
9VAC25-71-50. Sewage discharges.
Vessels with installed toilets and marine sanitation devices shall be in compliance with federal regulations at 40 CFR Part 140 (2006), which set standards for sewage discharges from marine sanitation devices. Vessels without installed toilets or without installed marine sanitation devices shall not directly or indirectly discharge sewage into state waters. Sewage and other wastes from self-contained portable toilets or other containment devices shall be pumped out at pump-out facilities or carried ashore for treatment in facilities approved by the Virginia Department of Health.
Statutory Authority
§ 62.1-44 of the Code of Virginia and 33 USC § 1313 (e) of the Clean Water Act.
Historical Notes
Derived from Virginia Register Volume 19, Issue 14, eff. April 23, 2003; amended, Virginia Register Volume 23, Issue 15, eff. May 2, 2007.
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.
9VAC25-71-70. Listing of designated no discharge zones in the Commonwealth of Virginia.
The following are designated no discharge zones:
1. Smith Mountain Lake in the counties of Bedford, Franklin and Pittsylvania, Virginia, from Smith Mountain Dam (Gap of Smith Mountain) upstream to the 795.0 foot contour (normal pool elevation) in all tributaries, including waters to above the confluence with Back Creek in the Roanoke River arm, and to the Brooks Mill Bridge (Route 834) on the Blackwater River arm.
2. The Lynnhaven River Watershed in the City of Virginia Beach, Virginia, including all contiguous waters south of the Lesner Bridge at Lynnhaven Inlet (latitude 36°54'27.90" N and longitude 76°05'30.90" W) and north of the watershed break point at the intersection of West Neck Creek and Dam Neck Road (latitude 36°47'17.60" N and longitude 76°04'14.62" W).
3. Broad Creek, Jackson Creek, and Fishing Bay Watersheds in lower Middlesex County, Virginia: the Broad Creek Watershed is defined as all contiguous waters south of the line formed between the points formed by latitude 37°33'46.3" N and longitude 76°18'45.9" W and north to latitude 37°33'47.4" N and longitude 76°19'24.7" W. The Jackson Creek Watershed is defined as all contiguous waters west of the of the line formed between the points formed by latitude 37°32'40" N and longitude 76°19'40.6" W at Stove Point Neck and latitude 37°32'46.8" N and longitude 76°19'15.6" W at the western point of the entrance to the eastern prong of Jackson Creek. The Fishing Bay Watershed is defined as all contiguous waters north of the line formed between the points formed by latitude 37°32'01.9" N and longitude 76°21'43.5" W at the southernmost tip of Bland Point and latitude 37°31'29.4" N and longitude 76°19'53.6" W at the southernmost tip of Stove Point. This area includes all of Fishing Bay and encompasses Moore Creek and Porpoise Cove.
4. Sarah Creek in Gloucester County, Virginia, including all contiguous waters north of the line formed between the point formed by latitude 37º14'58.34" N and longitude 76º29'39.17" W and east to latitude 37º15'00.81" N and longitude 76º28'37.84" W.
5. Perrin River in Gloucester County, Virginia, including all contiguous waters north of the line formed between the point formed by latitude 37º15'43.52" N and longitude 76º25'25.71" W and east to latitude 37º15'50.63" N and longitude 76º25'11.84" W.
6. Rosier Creek in Westmoreland County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 38º16'27.23" N, longitude 76º59'24.14" W and latitude 38º16'46.67" N, longitude 77º0'3.92" W.
7. Mattox Creek and Monroe Bay in Westmoreland County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 38º12'33.30" N, longitude 76º57'5.65" W at Church Point and latitude 38º13'46.74" N, longitude 76º57'46.76" W at Gum Bar Point.
8. Nomini Creek and Currioman Bay in Westmoreland County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 38º9'36.07" N, longitude 76º42'3.20" W at King Copsico Point and latitude 38º9'59.11" N, longitude 76º46'23.59" W.
9. Lower Machodoc Creek in Westmoreland County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 38º9'5.44" N, longitude 76º38'18.06" W and latitude 38º9'33.16" N, longitude 76º41'16.55" W.
10. Ragged Point in Westmoreland County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 38º7'45.59" N, longitude 76º36'14.58" W at Stinking Point and latitude 38º8'51.50" N, longitude 76º36'40.64" W at Ragged Point.
11. Gardner Creek in Westmoreland County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 38º6'46.33" N, longitude 76º36'14.18" W and latitude 38º6'48.35" N, longitude 76º36'8.78" W.
12. Jackson Creek in Westmoreland County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 38º6'23.98" N, longitude 76º35'48.55" W and latitude 38º6'25.24" N, longitude 76º35'49.38" W.
13. Bonum Creek in Westmoreland County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 38º5'44.48" N, longitude 76º34'51.17" W and latitude 38º5'45.28" N, longitude 76º34'54.88" W.
14. Yeocomico River in Westmoreland and Northumberland County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 38º1'35.29" N, longitude 76º30'57.85" W at Thicket Point and latitude 38º2'34.76" N, longitude 76º31'21.61" W at Lynch Point.
15. Judith Sound in Northumberland County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 38º0'18.04" N, longitude 76º27'47.95" W and latitude 38º0'47.92" N, longitude 76º28'15.42" W.
16. Coan River and The Glebe in Northumberland County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º59'9.53" N, longitude 76º26'43.69" W at Great Point and latitude 37º59'44.81" N, longitude 76º27'47.45" W at Travis Point.
17. Cod Creek in Northumberland County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º58'43.57" N, longitude 76º25'52.50" W at Great Point and latitude 37º59'1.21" N, longitude 76º26'26.30" W.
18. Little Wicomico River in Northumberland County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º53'22.85" N, longitude 76º14'8.95" W at Smith Point and latitude 37º53'24.77" N, longitude 76º14'10.38" W at Smith Point.
19. Great Wicomico River and Ingram Bay in Northumberland County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º47'13.74" N, longitude 76º18'25.09" W and latitude 37º48'48.13" N, longitude 76º16'56.46" W at Fleeton Point.
20. Cloverdale Creek in Northumberland County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º46'22.87" N, longitude 76º18'34.49" W and latitude 37º46'32.09" N, longitude 76º18'21.10" W.
21. Dividing Creek in Lancaster and Northumberland County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º43'15.56" N, longitude 76º18'51.19" W and latitude 37º43'48.16" N, longitude 76º18'16.60" W at Hughlett Point.
22. Indian Creek in Lancaster County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º40'23.92" N, longitude 76º19'29.17" W and latitude 37º41'21.84" N, longitude 76º18'23.72" W at Bluff Point.
23. Dymer Creek in Lancaster County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º39'42.70" N, longitude 76º20'8.66" W and latitude 37º40'17.54" N, longitude 76º19'32.05" W.
24. Tabbs Creek in Lancaster County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º39'13.25" N, longitude 76º20'22.09" W and latitude 37º39'21.78" N, longitude 76º20'23.89" W.
25. Antipoison Creek in Lancaster County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º37'49.12" N, longitude 76º19'58.58" W and latitude 37º37'56.39" N, longitude 76º19'57.29" W at Clark Point.
26. Windmill Point Resort in Lancaster County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º36'52.63" N, longitude 76º17'26.16" W and latitude 37º36'51.80" N, longitude 76º17'24.65" W.
27. Little Oyster and Windmill Point Creek in Lancaster County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º37'27.23" N, longitude 76º18'39.78" W and latitude 37º37'13.30" N, longitude 76º18'25.42" W.
28. Mosquito Creek in Lancaster County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º36'32.11" N, longitude 76º21'32.80" W at Mosquito Point and latitude 37º37'10.70" N, longitude 76º19'24.28" W at Deep Hole Point.
29. Carter Creek in Lancaster County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º39'5.44" N, longitude 76º26'44.12" W and latitude 37º39'8.60" N, longitude 76º26'23.42" W at Crab Point.
30. Corrotoman River in Lancaster County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º38'55.32" N, longitude 76º27'4.68" W at Orchard Point and latitude 37º38'35.81" N, longitude 76º30'4.03" W.
31. Greenvale Creek in Lancaster County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º42'36.86" N, longitude 76º32'40.16" W and latitude 37º42'27.22" N, longitude 76º32'30.44" W.
32. Deep Creek in Richmond County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º46'18.77" N, longitude 76º35'10.00" W and latitude 37º46'13.84" N, longitude 76º35'2.90" W.
33. Mulberry Creek in Richmond County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º47'12.62" N, longitude 76º37'10.78" W and latitude 37º47'2.69" N, longitude 76º37'5.30" W.
34. Lancaster Creek, including Morattico, in Richmond County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º47'45.85" N, longitude 76º39'4.36" W at Tarpley Point and latitude 37º47'24.22" N, longitude 76º38'5.17" W at Curletts Point.
35. Farnham Creek in Richmond County, Virginia is defined as all contiguous waters landward of the line connecting the points formed by latitude 37º49'31.01" N, longitude 76º40'46.63" W at Wilna Point and latitude 37º49'32.34" N, longitude 76º40'49.44" W.
Statutory Authority
§ 62.1-44 of the Code of Virginia; 33 USC § 1322.
Historical Notes
Derived from Virginia Register Volume 19, Issue 14, eff. April 23, 2003; amended, Virginia Register Volume 23, Issue 15, eff. May 2, 2007; Volume 26, Issue 6, eff. December 23, 2009; Volume 37, Issue 20, eff. June 23, 2021; Volume 42, Issue 26, eff. September 9, 2026.