Requirements for Boaters in No Discharge Areas (NDAs)
No Discharge Areas, or NDAs, are designated bodies of water where the discharge of all boat sewage, whether treated or not, is prohibited.
The federal Clean Water Act (Section 312) requires the use of Marine Sanitation Devices on all commercial and recreational vessels that are equipped with installed toilets. Also called MSDs, these systems are the on-board equipment for treating and discharging or storing boat sewage. These Clean Water Act requirements do not apply to:
Massachusetts State Law (323 CMR 2.07(6)) prohibits the discharge of untreated sewage from boats on or into waters of the Commonwealth—which typically extend three miles from shore. (Boaters should note that waters of the Commonwealth can extend beyond three miles from shore in areas of Massachusetts Bay, Cape Cod Bay, and Buzzards Bay—see NOAA Chart 13267 for the federal state boundary in Massachusetts Bay.) Boats with functioning Type I and Type II MSDs may discharge treated effluent in coastal waters unless they are in an NDA. A Type III MSD or "holding tank" is the only type of MSD that can be used legally within an NDA.
- Vessels with portable toilets ("porta-potties") or other portable sewage reception systems.
- Gray water from bath or kitchen sinks.
- Vessels beyond three miles from shore.
When traveling in NDA waters, boaters with Type I or Type II MSDs must do one of the following:
When traveling in NDA waters, a Type III MSD (holding tank) must be secured in one of the following ways:
- Close the seacock and remove the handle.
- Fix the seacock in the closed position with a padlock or non-releasable wire-tie.
- Lock the door to the space enclosing the toilet with a padlock or door handle key lock.
All of these methods of securing MSDs while in NDA waters are approved by the U.S. Coast Guard.
- Close each valve leading to an overboard discharge.
- Padlock each valve in the closed position.
- Use a non-releasable wire-tie to hold each valve leading to an overboard discharge in the closed position.
Boaters with Type III MSDs can use any of the pumpout facilities located throughout the state. For the best service, boaters should call ahead to verify hours or to make an appointment for a pumpout.