Boat toilet waste targeted in legislature
By PAMELA WOOD, Staff Writer
Published 03/13/10 in the Annapolis Capital

When it comes to cleaning up pollution that fouls the Chesapeake Bay, there's one straightforward target that's been largely overlooked: sewage from boats.

Boaters are allowed to discharge their toilet waste into the water if it's been treated to remove bacteria.

But even treated toilet waste is chock full of nutrients such as nitrogen that foul the bay, cause algae blooms, and suck oxygen from the water.

Now the state might do something about it, inspired by a visit that state Attorney General Douglas F. Gansler took to the West and Rhode rivers last summer.

Gansler convinced lawmakers to sponsor a bill that would expand the zones where no discharge is allowed, even treated sewage. The bill also increases the potential fine for violators from $2,000 to $10,000.

"This is such an easy thing to do," Gansler said. "Not Hurculean in its effects, but important in the message."

Gansler estimated sewage from boats is responsible for 1 percent of the Chesapeake Bay's nitrogen pollution, but officials with the Environmental Protection Agency's Chesapeake Bay Program said they don't have current data on nitrogen coming from boats.

The bay and its rivers have an abundance of the nutrients nitrogen and phosphorus, which make their way into the water from sewage plants, septic systems, urban stormwater runoff, farm runoff, air pollution and, yes, toilet waste from boats.

Nitrogen and phosphorus fuel the growth of harmful algae blooms, which die and suck life-sustaining oxygen from the water.

Under federal law, boats with toilets (or "heads") can have either a holding tank that collects toilet waste to be off-loaded at a pumpout station, usually at a marina. Or, they can have a "marine sanitation device" that treats bacteria, but not nutrients.

There are two levels of marine-sanitation devices, depending on the size of the boat and the level of treatment.

Gansler said he was surprised to learn boaters can discharge their toilet waste in much of Maryland's waters, though he acknowledged most boaters do use pumping stations to handle their waste.

Gansler said he never knew about the issue of boat sewage until he was on one of his periodic "environmental audits" of the West and Rhode rivers in south county last summer.

Sewage discharge is such a concern on the West and Rhode rivers that the West/Rhode Riverkeeper lined up grants to launch a summertime mobile pumpout operation. A boat dubbed the Honey Dipper outfitted with a giant tank sucks sewage off of boats for a small fee, then the sewage is later transferred to the county sewage system to be treated.

The no-discharge bill has a raft of cosponsors in both the House of Delegates and the Senate. The House version, for example, is sponsored by more than half of the members of the key Environmental Matters Committee. The bill is up for hearings next week.

Gansler said he thinks his bill makes good sense and is less controversial than other environmental issues he has pursued. But he's facing opposition.

Members of BoatUS are "all over the map on this," said Margaret Podlich, vice president of government affairs for the recreational boating organization.

BoatUS isn't officially taking a position on the bill, but is encouraging its 30,000 Maryland members to make their voices heard, whichever side they're on.

"We have members on every level for this bill and against this bill," Podlich said. "Our hope is that boaters with opinions on this let their representatives know what they are thinking."

She said some boaters - perhaps less than 5,000 - paid extra money to have the bacteria-treatment systems installed on their boats instead of having holding tanks that have to be pumped out.

Those treatment systems would basically be money down the drain if the bill goes through.

"It's a small number, but they've gone out of the way to do what's right," Podlich said.

Some boaters with treatment systems are live-aboards, who may find it difficult to locate an operational pump-out station in the winter, when many are shut down for the season.

Also affected are charter boat captains and others who make a living on the water.

Capt. Ed O'Brien, vice president of the Maryland Charter Boat Association, said he understands the need to reduce pollution, but not at the expense of small businesses.

O'Brien, who captains the Semper Fidelis III in Chesapeake Beach, said many of his members have spent thousands on installing treatment systems. He's hoping for some compromises on the bill, such as adding grandfathering provisions, delaying implementation or offering compensation.

Otherwise, O'Brien said, "It would put some of our boats out of business."

For his part, Gansler, a Democrat expected to run for re-election this year, said he's open to compromises or changes to win more support for the bill.