Coastal Services Center

The number of boaters enjoying coastal areas traditionally increases in the summer months, as does the potential for degraded water quality from boat waste discharge. In an effort to ensure clean water for both recreational and commercial uses, the State of Rhode Island has become the first in the nation to have all of their coastal waters designated as "No Discharge Areas."

"Clean water is good for boating, as well as for the marine industry," says Joe Migliore, principal environmental scientist for the Office of Water Resources in the Rhode Island Department of Environmental Management. "There is a lot of boating in Rhode Island, both transient and local. In order to support shell fishing and recreational contact water sports, something had to give and this seemed like the best solution to the problem."

According to the U.S. Environmental Protection Agency (EPA), the problem stems from microorganisms, nutrients, and chemicals that can be released into the marine environment when sewage is dumped or released from a boat. These microorganisms may put swimmers at risk for diseases like hepatitis, and can contaminate shellfish beds. The nutrients can stress fish and aquatic animals by depleting oxygen levels in the water, and chemicals used to treat the waste can be toxic to marine and estuarine life. To address the issue, the Clean Water Act provides that states can prohibit the discharge of treated or untreated sewage into a body of water by applying to the EPA for an area to be designated as a "No Discharge Zone" or "No Discharge Area."

But how does the EPA determine if an area should receive the "No Discharge" designation? Ann Rodney, environmental protection specialist for the EPA's Water Quality Unit, explains that "in an application, the EPA likes to see that an area has enough pumpout stations, a strong education program in place, and an enforcement strategy." Rodney adds, "Rhode Island is a good model."

Migliore says the groundwork for designating the state's 410 miles of coastline a "No Discharge Area" was started about 12 years ago when they began having to close shellfish beds that were too close to marinas because of water quality concerns. "We were sort of stuck in the middle. Either we were going to have to close shellfish grounds or we were going to have to halt marina expansion." They determined that a coast-wide "No Discharge Area" would address both issues.

The first step was to discuss the concept with a marine trades organization and ask for their support. "After a lot of debate and discussion they did agree to support it," says Migliore. "If there was one key to getting this done, it was getting the support of the trades."

Water Resources staff began attending boat shows and other events to educate boaters and to encourage marina owners to construct pumpout stations. In 1992, when Congress made monies available for the construction of pumpouts under the Clean Vessel Act, Rhode Island began offering grants to marinas and municipalities. "It was the hardest money I've ever had to give away in my life," Migliore says. "People were not knocking down our door to construct pumpouts." They did, however, oversee the construction of 45 pumpout facilities

As the pumpout facilities were created, maps were developed and distributed to the public. The National Estuary Program helped with education by "developing roundtable discussions with stakeholders and developing a consensus," says Migliore. He also partnered with a local advocacy group to create tickets that were collected from boaters when they used a pumpout facility, giving the boater the opportunity to win gifts and boating gear.

The Rhode Island state legislature also passed laws making it a violation for boaters to use an inappropriate Marine Sanitation Device. The first violation results in a fine up to $500, as set by a judge. The second violation can result in a fine of up to $1,000, and a third violation may result in a fine up to $1,000 and up to a year in jail. Local and state police, harbor masters, Coast Guard, and the State Boating Safety and Marine Patrol all can enforce the law.

Migliore says they aren't stopping boats just to inspect sanitation devices, but are making it a part of the inspection when a boat is stopped for any other reason. To accomplish this goal, training sessions are held for the enforcement agencies.

Once Rhode Island had the necessary pumpout facilities, an established education program, and enforcement abilities, the state sent the EPA a trial balloon and first worked to get Block Island's Great Salt Pond designated as a "No Discharge Area." "We knew the impacts to the area were mostly from live-aboard type vessels," Migliore says. Monitoring indicated water quality went down in the summer during peak boating season and returned to normal during the winter months.

"Once we got the pumpout facilities established there we started seeing improvements in water quality," he explains. "After we received the 'No Discharge' designation, water quality levels were good enough that we could reopen shell fishing during the summer months. What this showed us was that boating pollution was having an impact on the adjacent water."

The state then made its application to the EPA to designate all of its coastal waters out to the three-mile limit a "No Discharge Area." The designation was approved in August 1998. Rodney says what made the state's application stand out was "the fact that Rhode Island laid the groundwork by talking to marina owners and boaters, and getting everyone on board before they even stepped forward to the EPA. They dotted all their 'I's. They did extensive education and got laws on the books that specifically dealt with no discharge. Rhode Island did their homework."

Migliore says that since the designation has been in place "more people are trying to use the pumpout facilities. Our rates appear to be going up." Water Resources is continuing to work to educate the public by attending boat shows and publishing pumpout maps. A boating guide to Rhode Island is also in the works.

"This has been a big learning experience for all of us," Migliore says, "but we're seeing that it's been worth the effort."

For more information on Rhode Island's efforts to establish a coast-wide "No Discharge Area," contact Joe Migliore at (401) 222-3961, extension 7258, or e-mail him at jmiglior@dem.state.ri.us. You may also contact Ann Rodney at (617) 918-1538, or e-mail her at rodney.ann@epa.gov.