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Title 40: Protection of Environment

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PART 140—MARINE SANITATION DEVICE STANDARD 

Section Contents

§ 140.1 Definitions.

§ 140.2 Scope of standard.

§ 140.3 Standard.

§ 140.4 Complete prohibition.

§ 140.5 Analytical procedures.

Authority: 33 U.S.C. 1322, as amended. 

Source: 41 FR 4453, Jan. 29, 1976, unless otherwise noted. 

§ 140.1 Definitions. 

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For the purpose of these standards the following definitions shall apply: 

(a) Sewage means human body wastes and the wastes from toilets and other receptacles intended to 

receive or retain body wastes; 

(b) Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, 

or dumping; 

(c) Marine sanitation device includes any equipment for installation onboard a vessel and which is 

designed to receive, retain, treat, or discharge sewage and any process to treat such sewage; 

(d) Vessel includes every description of watercraft or other artificial contrivance used, or capable of 

being used, as a means of transportation on waters of the United States; 

(e) New vessel refers to any vessel on which construction was initiated on or after January 30, 1975; 

(f) Existing vessel refers to any vessel on which construction was initiated before January 30, 1975; 

(g) Fecal coliform bacteria are those organisms associated with the intestines of warm-blooded animals 

that are commonly used to indicate the presence of fecal material and the potential presence of 

organisms capable of causing human disease. 

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§ 140.2 Scope of standard. 

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The standard adopted herein applies only to vessels on which a marine sanitation device has been 

installed. The standard does not require the installation of a marine sanitation device on any vessel that 

is not so equipped. The standard applies to vessels owned and operated by the United States unless 

the Secretary of Defense finds that compliance would not be in the interest of national security. 

§ 140.3 Standard. 

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(a) (1) In freshwater lakes, freshwater reservoirs or other freshwater impoundments whose inlets or 

outlets are such as to prevent the ingress or egress by vessel traffic subject to this regulation, or in rivers 

not capable of navigation by interstate vessel traffic subject to this regulation, marine sanitation devices 

certified by the U.S. Coast Guard (see 33 CFR part 159, published in 40 FR 4622, January 30, 1975), 

installed on all vessels shall be designed and operated to prevent the overboard discharge of sewage, 

treated or untreated, or of any waste derived from sewage. This shall not be construed to prohibit the 

carriage of Coast Guard-certified flow-through treatment devices which have been secured so as to 

prevent such discharges. 

(2) In all other waters, Coast Guard-certified marine sanitation devices installed on all vessels shall be 

designed and operated to either retain, dispose of, or discharge sewage. If the device has a discharge, 

subject to paragraph (d) of this section, the effluent shall not have a fecal coliform bacterial count of 

greater than 1,000 per 100 milliliters nor visible floating solids. Waters where a Coast Guard-certified 

marine sanitation device permitting discharge is allowed include coastal waters and estuaries, the Great 

Lakes and inter-connected waterways, fresh-water lakes and impoundments accessible through locks, 

and other flowing waters that are navigable interstate by vessels subject to this regulation. 

(b) This standard shall become effective on January 30, 1977 for new vessels and on January 30, 1980 

for existing vessels (or, in the case of vessels owned and operated by the Department of Defense, two 

years and five years, for new and existing vessels, respectively, after promulgation of implementing 

regulations by the Secretary of Defense under section 312(d) of the Act). 

(c) Any vessel which is equipped as of the date of promulgation of this regulation with a Coast Guardcertified flow-through marine sanitation device meeting the requirements of paragraph (a)(2) of this 

section, shall not be required to comply with the provisions designed to prevent the overboard discharge 

of sewage, treated or untreated, in paragraph (a)(1) of this section, for the operable life of that device. 

(d) After January 30, 1980, subject to paragraphs (e) and (f) of this section, marine sanitation devices on 

all vessels on waters that are not subject to a prohibition of the overboard discharge of sewage, treated 

or untreated, as specified in paragraph (a)(1) of this section, shall be designed and operated to either 

retain, dispose of, or discharge sewage, and shall be certified by the U.S. Coast Guard. If the device has 

a discharge, the effluent shall not have a fecal coliform bacterial count of greater than 200 per 100 

milliliters, nor suspended solids greater than 150 mg/1. 

(e) Any existing vessel on waters not subject to a prohibition of the overboard discharge of sewage in 

paragraph (a)(1) of this section, and which is equipped with a certified device on or before January 30, 

1978, shall not be required to comply with paragraph (d) of this section, for the operable life of that 

device. 

(f) Any new vessel on waters not subject to the prohibition of the overboard discharge of sewage in 

paragraph (a)(1) of this section, and on which construction is initiated before January 31, 1980, which is 

equipped with a marine sanitation device before January 31, 1980, certified under paragraph (a)(2) of 

this section, shall not be required to comply with paragraph (d) of this section, for the operable life of that 

device. 

(g) The degrees of treatment described in paragraphs (a) and (d) of this section are “appropriate 

standards” for purposes of Coast Guard and Department of Defense certification pursuant to section 312

(g)(2) of the Act. 

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[41 FR 4453, Jan. 29, 1976, as amended at 60 FR 33932, June 29, 1995] 

§ 140.4 Complete prohibition. 

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(a) Prohibition pursuant to CWA section 312(f)(3): a State may completely prohibit the discharge from all 

vessels of any sewage, whether treated or not, into some or all of the waters within such State by 

making a written application to the Administrator, Environmental Protection Agency, and by receiving the 

Administrator's affirmative determination pursuant to section 312(f)(3) of the Act. Upon receipt of an 

application under section 312(f)(3) of the Act, the Administrator will determine within 90 days whether 

adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels using 

such waters are reasonably available. Applications made by States pursuant to section 312(f)(3) of the 

Act shall include: 

(1) A certification that the protection and enhancement of the waters described in the petition require 

greater environmental protection than the applicable Federal standard; 

(2) A map showing the location of commercial and recreational pump-out facilities; 

(3) A description of the location of pump-out facilities within waters designated for no discharge; 

(4) The general schedule of operating hours of the pump-out facilities; 

(5) The draught requirements on vessels that may be excluded because of insufficient water depth 

adjacent to the facility; 

(6) Information indicating that treatment of wastes from such pump-out facilities is in conformance with 

Federal law; and 

(7) Information on vessel population and vessel usage of the subject waters. 

(b) Prohibition pursuant to CWA section 312(f)(4)(A): a State may make a written application to the 

Administrator, Environmental Protection Agency, under section 312(f)(4)(A) of the Act, for the issuance 

of a regulation completely prohibiting discharge from a vessel of any sewage, whether treated or not, 

into particular waters of the United States or specified portions thereof, which waters are located within 

the boundaries of such State. Such application shall specify with particularly the waters, or portions 

thereof, for which a complete prohibition is desired. The application shall include identification of water 

recreational areas, drinking water intakes, aquatic sanctuaries, identifiable fish-spawning and nursery 

areas, and areas of intensive boating activities. If, on the basis of the State's application and any other 

information available to him, the Administrator is unable to make a finding that the waters listed in the 

application require a complete prohibition of any discharge in the waters or portions thereof covered by 

the application, he shall state the reasons why he cannot make such a finding, and shall deny the 

application. If the Administrator makes a finding that the waters listed in the application require a 

complete prohibition of any discharge in all or any part of the waters or portions thereof covered by the 

State's application, he shall publish notice of such findings together with a notice of proposed rule 

making, and then shall proceed in accordance with 5 U.S.C. 553. If the Administrator's finding is that 

applicable water quality standards require a complete prohibition covering a more restricted or more 

expanded area than that applied for by the State, he shall state the reasons why his finding differs in 

scope from that requested in the State's application. 

(1) For the following waters the discharge from a vessel of any sewage (whether treated or not) is 

completely prohibited pursuant to CWA section 312(f)(4)(A): 

(i) Boundary Waters Canoe Area, formerly designated as the Superior, Little Indian Sioux, and Caribou 

Roadless Areas, in the Superior National Forest, Minnesota, as described in 16 U.S.C. 577–577d1. 

(ii) Waters of the State of Florida within the boundaries of the Florida Keys National Marine Sanctuary as 

delineated on a map of the Sanctuary at http://www.fknms.nos.noaa.gov /. 

(c)(1) Prohibition pursuant to CWA section 312(f)(4)(B): A State may make written application to the 

Administrator of the Environmental Protection Agency under section 312(f)(4)(B) of the Act for the 

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issuance of a regulation establishing a drinking water intake no discharge zone which completely 

prohibits discharge from a vessel of any sewage, whether treated or untreated, into that zone in 

particular waters, or portions thereof, within such State. Such application shall: 

(i) Identify and describe exactly and in detail the location of the drinking water supply intake(s) and the 

community served by the intake(s), including average and maximum expected amounts of inflow; 

(ii) Specify and describe exactly and in detail, the waters, or portions thereof, for which a complete 

prohibition is desired, and where appropriate, average, maximum and low flows in million gallons per 

day (MGD) or the metric equivalent; 

(iii) Include a map, either a USGS topographic quadrant map or a NOAA nautical chart, as applicable, 

clearly marking by latitude and longitude the waters or portions thereof to be designated a drinking water 

intake zone; and 

(iv) Include a statement of basis justifying the size of the requested drinking water intake zone, for 

example, identifying areas of intensive boating activities. 

(2) If the Administrator finds that a complete prohibition is appropriate under this paragraph, he or she 

shall publish notice of such finding together with a notice of proposed rulemaking, and then shall 

proceed in accordance with 5 U.S.C. 553. If the Administrator's finding is that a complete prohibition 

covering a more restricted or more expanded area than that applied for by the State is appropriate, he or 

she shall also include a statement of the reasons why the finding differs in scope from that requested in 

the State's application. 

(3) If the Administrator finds that a complete prohibition is inappropriate under this paragraph, he or she 

shall deny the application and state the reasons for such denial. 

(4) For the following waters the discharge from a vessel of any sewage, whether treated or not, is 

completely prohibited pursuant to CWA section 312(f)(4)(B): 

(i) Two portions of the Hudson River in New York State, the first is bounded by an east-west line through 

the most northern confluence of the Mohawk River which will be designated by the Troy-Waterford 

Bridge (126th Street Bridge) on the south and Lock 2 on the north, and the second of which is bounded 

on the north by the southern end of Houghtaling Island and on the south by a line between the Village of 

Roseton on the western shore and Low Point on the eastern shore in the vicinity of Chelsea, as 

described in Items 2 and 3 of 6 NYCRR Part 858.4. 

(ii) [Reserved] 

[41 FR 4453, Jan. 29, 1976, as amended at 42 FR 43837, Aug. 31, 1977; 60 FR 63945, Dec. 13, 1995; 

63 FR 1320, Jan. 8, 1998; 67 FR 35743, May 21, 2002] 

§ 140.5 Analytical procedures. 

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In determining the composition and quality of effluent discharge from marine sanitation devices, the 

procedures contained in 40 CFR part 136, “Guidelines Establishing Test Procedures for the Analysis of 

Pollutants,” or subsequent revisions or amendments thereto, shall be employed. 

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