Water Quality Law Enforcement

I wish we could say differently, but boater nonpoint source pollution is largely unenforced in Texas coastal waters.  Since the Clean Water Act was passed in 1972, a generation has grown middle aged and there has been no dockside enforcement of boater sewage discharge law in Texas coastal waters.  Most of the boaters who discharge sewage overboard probably do so at the dock.  The Coast Guard will not enforce dockside sewage discharge law unless they witness it. It seems that the federal government views enforcement purely as a state issue.  In Texas, that leaves us with no enforcement. 

How we got into this mess

1. A flawed chapter 26 of the Texas Water Code now been amended by SB2445 to allow enforcement in all surface waters of the state
2. Apathy on the part of boaters, marina managers and government in general
3. A policy that dictates that the sewage discharge be witnessed and verifiably documented ─ effectively making it unenforceable
4. There is no dockside boarding for MSD inspection
5. Not every Galveston Bay marina has a pump out station; although they all should.  Better shore-based or floating bath facilities are needed in some marinas
6. Old polluting patterns of behavior.  Polluters smugly think that no one will know, and that their little bit of fecal or toxic material won’t hurt anything.  I call it the  "what you don't see cant hurt you mentality."
7. The feds view water quality law enforcement as a state issue

 

SB2445 Amends the Texas Water Code and Parks and Wildlife Code

The good news is that change is coming.  SB2445 took effect in September 2009 with TCEQ charged with enforcing the new law.   Here is what it does.

Senate Bill 2445 allows the Texas Commission on Environmental Quality and Texas Parks and Wildlife Department to designate local law enforcement officials who are authorized to enforce provisions of the Texas Water Code dealing with recreational boaters. The changes in the statute as a result of SB 2445 allow TCEQ to expand the certification program to all surface waters with where previously it was restricted to inland fresh waters.  There is a provision in this law that allows local licensed peace officers to act as enforcement authorities.  This includes vessel boarding for marine sanitation device (MSD) inspection and the use of flushable dye tablets when violations are suspected.  The new law is effective on Sept. 1, 2009 and violators could face fines up to $500 per day for each violation.

That covers the nuts and bolts of the new Texas law.  What about federal law?  EPA, the Coast Guard and the state are partners in this activity but the system is broken and ineffective when it comes to enforcing boater sewage discharge law.  EPA refers complaints to TCEQ who then passes the buck to the county health department.   They send out an investigator who has to witness the discharge before he can write a violation.  End of enforcement action.   Have a nice day.

There is nothing in SB2445 that mentions dockside enforcement and the concept of dockside boarding for MSD inspection is not popular.  It remains to be seen if it will even be a component of the TCEQ enforcement strategy.  The agency is in the early stages of the rulemaking process and advisory panels and public hearings await.  In the mean time, the TCEQ rulemaking process does not preclude any local police authority from enforcing the law.  Green Marinas is a proponent of enforcement at the marina dock over solely addressing underway vessels.  A majority of the vessels that have an MSD rarely leave the dock.  Without dockside enforcement, many boaters will continue to discharge sewage overboard.   If dockside boarding prevails in the rulemaking process, the law can be effective and would be a major step forward for boaters and the state.  Green Marinas will keep abreast of the issue as it evolves.

We hope that Texas Game Wardens will assume dockside enforcement for some good reasons. 

• They are professionals in environmental law enforcement
• They have a strong science background
• They know their way around boats

If you have to be boarded by an enforcement officer, it is better to be by someone who knows what he/she is doing.  This job is going to take some specific training and a clear understanding of the law.

 

Get in compliance

This is an easy law to comply with.  If your vessel is equipped with a Marine Sanitation Device (MSD); it must be a Type III (i.e. a holding tank).  If your vessel is equipped with a discharge "Y" valve; flow must be directed into the holding tank.  The handle must be secured in that position by lock, non-removable tie, or the handle may be removed.  If you do this, you will pass your MSD inspection with colors.  Note:  Simply closing your discharge seacock is not acceptable compliance.

Not all marinas have pump stations.  Green Marinas will advocate that all marinas should have effective sewage pump facilities.  If your Clear Lake marina doesn't have one; or the one they have is inaccessible; you can use the dockside pump facilities at South Shore Harbor Marina or at Waterford Harbor Marina.  For a fair price, Maritime Sanitation, Inc will come to your dock with the mobile pump boat and empty your tank on a flexible schedule.