If your boat has a toilet, Maryland law has something to say about where the waste goes. Section 8-741 of the Natural Resources Article sets the rules for marine sanitation devices, and section 8-742 directed the state to make sure there are enough facilities to pump out boats. For a slip holder in Baltimore, the practical result is simple: know what kind of system your boat has, secure it properly and know where the nearest pump-out is.
What counts as a marine sanitation device
The statute defines a marine sanitation device as any equipment on board designed to receive, retain, treat or discharge sewage. It recognizes three types:
| Type | What it does |
|---|---|
| Type I | Treats sewage to an effluent with no more than 1,000 fecal coliform bacteria per 100 milliliters and no visible floating solids |
| Type II | Treats to no more than 200 fecal coliform per 100 milliliters and suspended solids of no more than 150 milligrams per liter |
| Type III | Certified to a no-discharge standard, including holding tanks and recirculating or incinerating devices |
Type I and Type II devices must carry a certification label showing the manufacturer, model, month and year of manufacture, type and certification number. A Type III device that stores sewage and flushwater at ambient temperature and pressure is automatically certified and needs no label.
Which boats need one
A vessel with an installed toilet must have an operable marine sanitation device. A vessel 65 feet or under may use Type I, II or III; a vessel over 65 feet must use Type II or III. The requirement applies to boats with an installed toilet.
The Y valve rule
A Y valve diverts sewage so that it bypasses the device and goes straight overboard. Maryland law is strict about it. While a boat with an installed toilet is on Maryland waters, the operator must make sure that on a boat with a Type III device every path for overboard discharge is blocked or secured, by disconnecting or physically blocking the lines or hull fittings. Any installed in-line Y valve must be secured by a padlock, a non-reusable wire tie, removing the handle or another approved method.
The chosen method has to eliminate any possibility of overboard discharge and form a physical barrier, so that the valve cannot be used, accidentally or on purpose, without the operator knowing.
Tip: A plastic wire tie through the Y valve handle is cheap, quick and one of the methods the statute names. Put one in the tool kit so it is never missing when you arrive in Maryland waters.
The penalty
A person who violates section 8-741 is subject to a civil penalty of up to $2,000. The section also requires anyone leasing a boat as a noncaptained charter to deliver it in compliance and to include a paragraph in the lease explaining the operator’s responsibilities.
Pump-outs around Baltimore
With a holding tank and the overboard paths secured, the tank has to be emptied at a pump-out. Several marinas on our Marinas list pump-out service on their own websites, including in-slip pump-out at marinas in the Inner Harbor and Canton, an on-site pump-out station in Fells Point and pump-out service at marinas on Middle River. Ask whether transient visitors can use it and whether there is a charge.
Why the state cares
Section 8-742 required the Department of Natural Resources to survey pump-out stations and waste reception facilities at marinas, count boats with each type of device, identify waters with living resources sensitive to sewage discharge and take steps to ensure adequate facilities for removing and treating sewage from vessels. The section bases this work on criteria including the protection of natural resources, health and the environment.
Trash is covered too
A separate section, 8-726, says a person may not throw, dump or deposit trash, junk or other refuse into the waters of the State. Bag it and take it ashore.
Charter and borrowed boats
If you rent a boat without a captain, the company leasing it must deliver it in compliance with the sanitation rules and include a paragraph in the lease describing your responsibilities. Read it, because once you take the helm, keeping the Y valve secured is part of operating the boat.
A quick check before the season
- Identify your device type and find its label if it is Type I or II.
- Secure the Y valve and any overboard lines on a Type III system.
- Find the pump-out at your marina and ask about hours and charges.
- Add sanitation rules to what you tell guests and anyone you lend the boat to.
For the rest of the rules that come with a Maryland boat, see Life Jackets and Required Safety Equipment for Recreational Boats and Boating Under the Influence in Maryland.