MARINE SANITATION DEVICES
(Marine Toilets)

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There is no law that says you have to have a toilet on a boat, except of course the law of nature, or maybe your wife; but if you do have a toilet there are laws regulating what kinds of toilet systems you must have.

Back in the 1970s Congress directed the Environmental Protection Agency to write regulations for toilets on boats.  At the time this seemed to be a bit of overkill considering how much impact a boat has on clean water as compared to a city like New York or Los Angeles, but the regulation came to be anyway. Of course the EPA was not the agency that would have to enforce these rules. That fell to the Coast Guard who had ro write regulation for certifying Marine Sanitation Devices and who reluctantly began educating boat manufacturers and owners concerning the requirements.

Basically it works out this way. If you have a boat under 65 feet in length and you have a toilet on board it must be a portable device, a certified Type I device or a Type III.

So what's the difference? The portable device is a small portable toilet that you can buy at most any camping, RV, outdoor, or even hardware store,   They usually hold around five gallons and will last a day or two depending on how many people use it, and you take it home and dump it in your bathroom toilet. These are not regulated, but you cannot dump them overboard. If you do, and you get caught you will receive a hefty fine. They are commonly used on small day cruisers, overnighters, cuddy cabins, etc. 

A Type I is a permanently installed toilet that has a small built in treatment system that treats the raw sewage until it is relatively clean and pumps it into the surrounding water. These are found on boats that do a lot of offshore cruising. The reality is that many areas of the USA are no discharge zones and so you can not discharge any waste, treated or otherwise. So the Type I becomes an option only if you do most of your boating in an an area the allows discharge, or you are in international waters.

A type III is a permanently installed toilet that does not treat the sewage but retains it in a holding tank. When you return to the marina it is pumped into the local sewer system at a pump out station.  This is the most common system and most boats sold in USA, that have toilets, have a holding tank. The reality of this situation is that there is a serious lack of pump out stations. Many times the stations do not work, and marinas really do not want the expense of maintaining them.

Finally, if you have a boat that is 65 feet in length or more you must have a certified Type II or III system.  A type II is a permanently installed system that treats the waste but to a much stricter level than a Type I.   In addition these systems are generally designed for much higher use (more people) and cost a lot more. Again a Type III is a holding tank and many larger boats, and even ships, that could use a TYPE II system have holding tanks instead, and hook up to the local sewer system when docked.

How do you know if a device is a Type I or II device? MSDs have to be US Coast Guard Certified. This means that they have to meet the requirements and the manufacturer has to submit a request for certification to the Coast Guard. The Coast Guard has the device tested for compliance. If it passes, they send a letter of certification to the device manufacturer. The manufacturer then has to label each device. There should be a certification label somewhere on the device.  If it doesn't have a label assume it is not a certified device. A type III system may have a label but is not required to have one.

Type II MSD: A flow-through discharge device the, under the test conditions described in 33 CFR 159.121, produces effluent having a fecal coliform bacteria count no greater than 200/100 milliliters, and suspended solids no greater than 150 milligrams/liter. A Type II MSD is commonly a biological (aerobic digestion) plant, but several physical / chemical plants are certified as Type II MSDs.

Type III MSD: A device designed to prevent the overboard discharge of treated or untreated sewage, or any waste derived from sewage. Most Type IIIs are holding tanks, but there are also vacuum collection systems, incineration systems, recirculation systems, and a composting system.

Portable Toilets: portable toilets   are not defined in the law. They are simply toilets you can pick up and carry off the boat. They are not permanently installed on the boat. Permanently installed is defined in many standards as meaning that tools must be used to remove the device.

In addition to the above some really large vessels have incinerators to dispose of waste.

Regulations and links to the EPA.
The Regulation a pdf file.
EPA List of No Discharge Zones
Cornell Law School on MSDs
Houseboat Outlet link to USCG regs

Image showing the symbol for a pump out site. To find pump out facilities look for this symbol.

Some Coast Guard And Law Enforcement Policies.

If you have a Type I or II MSD and are in a No Discharge Zone, the device must be locked so it cannot be accidently or deliberately discharged.   This means you must have some sort of locking device on the through hull valve to keep it in the closed position.  Any lock will do. With some law enforcement agencies simply locking the door to the head will do but that is the rare case. Most look for a lock on the valve. However, some boats have a combination of two or more switches that must all be pressed at the same time to activate the pump.  The Coast Guard has said this is legal.

Here is an excerpt from Florida's boating regulations:

"Under federal law, if your boat has a valve allowing direct overboard discharge of untreated waste, it must be closed while operating in all inland and coastal waters. It is suggested you use a non-releasable wire tie, lock, or remove the valve handle to secure the device. When you are more than 3 miles offshore in the ocean, the valve may be open allowing direct discharge overboard.

 A valve may also be found on boats having both a Type I or II and a holding tank. This gives the boater an option to discharge treated waste overboard or to contain it for pumpout later. In certain waters, discharge of all sewage (whether Type I, II or III) is illegal."

Many boats with a holding tank, have a Y valve installed which allows the tank to be pumped out at a pump out station, or discharged directly overboard.  Inside US waters this valve must be locked!  Beware; many people think that all they have to do is go three miles offshore and they can dump the tank.   Under Federal regulations this is true, but some coastal states, such as Rhode Island, have passed laws extending this distance.  In Rhode Island it is nine miles.  

Almost all inland lakes and rivers are no discharge zones.

All of the waters of the state of Rhode Island are a No Discharge Zone.

Never assume an area is a discharge zone. Always assume it is a no discharge zone until you are informed by competent authority, otherwise.