How to "Protect Nantucket Sound" or any other body of water

Had Senator Kennedy and the folks behind the Alliance to Protect Nantucket Sound really been interested in "protecting the sound" they would have read and filled out this application and saved $18,000,000.00 six years ago... or today.
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APPLICATION FOR A STATE DESIGNATED, FEDERALLY APPROVED NO DISCHARGE AREA FOR

[Insert name of area]

Application prepared by:

[Insert name andcontact information of applicant]

TABLE OF CONTENTS

INTRODUCTION....................................................................................2

proposed nda boundaries....................................[insert page number(s)]

CERTIFICATION OF NEED..........................................[insert page number(s)]

VESSEL POPULATION................................................[insert page number(s)]

PUMPOUT FACILITIES WITHIN PROPOSED NDA............[insert page number(s)]

Public EDUCATION.................................................[insert page number(s)]

ENFORCEMENT........................................................[insert page number(s)]

TABLES

[Insert the name of any tables and their page number(s.)]

FIGURES

The application should contain a map of the proposed NDA boundaries. This figure should have an inset of the entire state to show the relative location of the proposed NDA. This figure should also include: a delineation of the area, a distance scale, an arrow pointing north, town boundaries, and labels on all water bodies.

[Insert the name of any other figures and their page number(s).]

REFERENCES

[Insert any references cited in the text and their page number(s).]

APPENDIX

[Insert the names or titles of any pertinent information (e.g., educational pamphlets, local ordinances, local press clippings, or letters of support).]

INTRODUCTION

[Insert name of group applying for NDA], is requesting that the Commonwealth of Massachusetts designate the [insert name of proposed NDA] as a No Discharge Area (NDA) pursuant to the Clean Water Act, Section 312(f)(3). An NDA is a body of water in which the discharge of vessel sewage, whether treated or not, is prohibited.

The Town(s) of [insert town name(s) has/have] made recent improvements to address land based sources of pollution [describe water quality problems that have been addressed by the town(s): e.g., the closure of shellfish beds, loss of eelgrass habitat, the closure of bathing beaches, and overall poor water quality. Describe specific improvements that have occurred e.g., stormwater runoff management.] Sewage discharged from boats contributes to poor water quality, especially in poorly flushed embayments.

Vessel sewage, like many other pollutants, can be harmful to the environment when it is not adequately treated. Sewage contains a high concentration of nitrogen, a substance that can lead to algal blooms and low dissolved oxygen concentrations that can affect the health of fish, shellfish, and eelgrass beds. Sewage also contains bacteria and viruses that can make shellfish unsuitable for human consumption and make our beaches unsafe for swimming.

Every boat with an installed marine head (toilet) must have a US Coast Guard approved Marine Sanitation Device (MSD). The US Coast Guard tests and certifies MSDs as Type I, Type II, or Type III. A Type I MSD means a device that, under the test conditions, produces an effluent having a fecal coliform bacteria count not greater than 1,000 per 100 milliliters and no visible floating solids. A Type II MSD means a device that, under the test conditions produces an effluent having a fecal coliform bacteria count not greater than 200 per 100 milliliters and suspended solids not greater than 150 milligrams per liter. Type III MSDs are holding tanks designed to prevent the overboard discharge of any sewage, treated or untreated; although, some Type III MSDs are equipped with a "y" valve that allows the operator to legally discharge stored sewage once the vessel is more than 3 miles offshore. Boats larger than 65 feet in length must use a Type II or Type III MSD, while boats under 65 feet can use a Type I, II or III MSD.

While Type I and Type II MSDs are designed to treat vessel sewage, they do not remove significant amounts of nitrogen from the waste before it is discharged. They also cannot remove all of the bacteria or viruses. Certain waters of high public and environmental value that require greater environmental protection than under existing laws, can be designated NDAs under the federal Clean Water Act. Because there is a risk that sewage may negatively impact these sensitive areas, all vessel sewage, even if treated by a Type I or Type II MSD, is prohibited from being discharged in NDAs.

proposed nda boundaries

Describe the boundaries of the area to be designated as an NDA. Include latitude and longitude points. Be sure to label all rivers, coves, bays, and other natural boundaries on a map of the area. Include all of this information in a figure.

CERTIFICATION OF NEED

This section describes why the proposed NDA area needs further protection beyond that conferred by exiting regulations. Typically, NDAs are approved for poorly flushed embayments in which there is the potential for the accumulation of nutrients or pathogens to lead to the closure of swimming beaches and shellfish beds, and to threaten the health of eelgrass beds, a habitat where young fish and shellfish usually thrive.

In this section the applicant should describe the natural resources within the proposed NDA (e.g., the number of bathing beaches, the type of coastline, the health of eelgrass, and any state critical areas, shellfish beds, or fishing opportunities). This section should include any data on the flushing rate of embayments, water quality, or fecal coliform counts. It should also include human resources on the waterfront (e.g., businesses, marinas), how the area is used recreationally and economically, and should state the economy of shellfish, tourism etc. Be sure to label all marinas and mooring fields on at least one of the figures.

Identify any current local measures to reduce pollution (e.g., stormwater remediation, septic system upgrades, boat oil and gas spill prevention, etc). Identify any local management plans or resolutions to prohibit vessel sewage dumping.

The designation of [name the area] as an NDA will provide an additional means of protection from a diffuse, difficult to detect form of pollution to the area.

Vessel population

This section should describe the number of vessels that use the proposed NDA area. This includes the number of recreational and commercial vessels, homeport vessels, and transients. In a table, list the number of vessels in each of the following size categories: less than 16', 16-25', 26-40', 40' and over, and describe whether these boats are moored, docked, or transient (see Table 1 below). In the text, describe the estimated number of each type of vessel (sail, motor, recreational, specific type of commercial) in each marina or mooring area. When providing an estimate of the number of transient vessels, describe how you arrived at this estimate (e.g., based upon special event attendance, transient mooring permits issued by the town, or professional judgment).

This section should also present the number of vessels with MSDs (this includes Type I, Type II, and Type III). When these data are not readily available, estimate the number of MSDs. EPA recommends estimating the number of MSDs by assuming that 0% of boats less than 16', 20% of boats 16-26', 50% of boats 26-40', and all boats 40' and over have MSDs on board.

Please note in the sample table below that EPA and CZM are assuming that moored and docked boats are not transients. If there are moorings or dock spaces specifically set aside for transients, include them in the "transient" row in the table. Be sure to include private docks and moorings (if there are any) as well as public ones. The tables below should be completed for each concentrated boating area within the NDA (e.g., each marina, mooring field, or embayment--wherever the boats are concentrated).

Table 1. Boats located within the proposed NDA and estimated numbers of MSDs.

Table 2. Number of boats in recreational and commercial classes.

Table 3. Number of MSDs in the proposed NDA area. (Note: all boats less than 16 feet are assumed to not have MSDs).

PUMPOUT FACILITIES within proposed NDA

The Clean Water Act states that there must be "adequate and reasonably available" pumpout facilities in an NDA. Basically, this means that there must be enough pumpout facilities to effectively handle the amount of sanitary boat waste in the proposed NDA area and that these facilities should be accessible to the boating population. The U.S. Environmental Protection Agency (EPA) recommends that there should be at least one pumpout facility for every 450 boats with an MSD on board.

1. Location

Describe the type of pumpout(s) in the proposed NDA (e.g., dump station, shoreside, or boat) and their locations. In the appendix you can include a picture of the pumpout facility(ies). List any shoreside restroom facilities and their locations. All of these locations should be placed on one of the figures. Describe the holding capacity (volume) of each facility.

1. Accessibility

List the location(s), phone number(s) and hailing frequency(ies), and operating hours of the facility(ies), and whom to contact if the pumpout is broken. A contingency plan should be in place so that if the pumpout in the NDA is not operable, boaters know where to go to get a pumpout (e.g., provide boaters with the name and phone number of a neighboring facility-after making the appropriate arrangements with the neighboring operator). Describe past efforts and a future commitment to maintain the pumpout facility(ies).

This section should also list the mean low water depth at each facility, and the number of boats that might be excluded from using the facility (this does not apply to pumpout boats, so if a boat is the only means of pumping out, simply state that there are no vessel draft constraints because the pumpout boat can motor out to any sized vessel). Describe the height of any boats that might be excluded due to bridges. Provide a brief narrative describing how a boater accesses the facility(ies). A table should be provided to accompany this narrative (see Table 4 below).

Table 4. The accessibility of pumpouts at mean low water.

1. Description of how boat sewage is disposed of at the pumpout facilities

For each facility, state how the sewage is disposed of at the site of the pumpout facilities (e.g., is there a connection to the municipal sewer or an onsite wastewater facility? Does the marina utilize a tight tank that is occasionally pumped out by a licensed septage hauler? If so, how big is the tank?) Include in the appendix any written agreements with the wastewater treatment facility or hauler. State how often the waste is hauled if this is the method of removal. Describe the holding capacity (volume) of each dockside or boat pumpout facility.

B.Trends in pumpout usage

This section should describe any trends in pumpout usage. With the designation of an NDA, pumpout use has been shown to increase. Discuss how you intend to address increased usage of the pumpout facility(ies) in the proposed NDA.

PUBLIC EDUCATION

Discuss past education, current education, and future education--be specific. Our experience has been that direct interaction between pumpout operators and boaters works best. Successful NDA applicants have produced signs, sent brochures with mooring registrations, distributed outreach materials at local boating and community events, and have increased awareness through articles in the local press.

Give a timeline for accomplishing specific goals and name the responsible parties. Include any press materials, pamphlets, or other outreach materials in the appendix.

ENFORCEMENT

Enforcement plays an important role in the successful implementation of an NDA. The prohibition on discharging boat sewage in an NDA applies to all vessels, commercial and recreational, regardless of the Type of MSD on board. Enforcement of federal laws related to MSDs is the responsibility of the US Coast Guard. States also have the authority to enforce the prohibition of vessel sewage discharges in NDAs, pursuant to 33 USC 26 Section 1322(k). In the Commonwealth of Massachusetts, the Environmental Police, a branch of the Division of Fisheries, Wildlife and Environment Law Enforcement (DFWELE), is the agency responsible for enforcing regulations on watercraft. The Commonwealth has delegated this enforcement authority to the Director of DFWELE and by extension, to all those that serve under him. This means that environmental police officers, harbormasters and assistant harbormasters, police officers assigned to harbor patrol, fish and game wardens, members of the state police, and city and town police officers assigned to patrol the waters of the Commonwealth can enforce the provisions of NDAs. This authority is codified in Massachusetts General Law Chapter 90B Section 12.

Discuss any future strategies for enforcement (e.g., who will be the local enforcement agents in the proposed NDA and what will their responsibilities be). Attach any local ordinances in the appendix.