The Harbor Column -- Mike Whitehead

Ahoy.

Deja vu hit me this week as I read an e-mail from Nancy Skinner about

bill H.R. 3673, which was introduced to Congress. It is almost identical

to last year’s defunct bill H.R. 1730. Both bills are written by U.S.

Rep. Jim Saxton (R-N.J.), who appears to be trying to wax the kitchen

floor by pouring the wax in from the front door, damn the carpet full

speed ahead. I wrote a column Aug. 20 concerning Saxton’s previous bill,

and now, he has modified a few words in this new bill to once again allow

partially treated waste to be discharged in “no-discharge zones” such as

Orange County’s Newport Harbor, Dana Point Harbor and Huntington Harbour.

Once considered dead, the bill has now gained momentum with a chance

to pass, thus modifying the Clean Water Act. Supporters I located are New

Jersey’s recreation boaters, where Saxton lives, Rhode Island boaters,

for which this bill is written to address their offshore no-discharge

zone, and Recreational Boaters of Washington state that do not have the

concentration of boats that California and Florida do. Studies have

proven that boaters generate less than 1% of the pollution and this

demonstrates that the no-discharge law and Clean Water Act are working.

Instead, this poorly written bill encourages boaters to discharge their

waste in “no-discharge zones.”

The first paragraph of San Diego Regional Water Quality Control

Board’s summary comments on H.R. 3673 dated May 17, 2002, states: “This

bill would prohibit the states from administering more-stringent state

pollution control programs under the federal Clean Water Act than those

allowed under a federal program. Specifically, the bill would allow a

proposed type of sewage treatment device to be used on recreational boats

called the Type IA marine sanitation device. The Type IA device would

disinfect and grind sewage until the effluent no longer has the

appearance of sewage. The bill would allow Type IA discharges into 51

state no-discharge zones.

No-discharge zones have been requested by the states in areas shown to

need extra protection and shown to have adequate sewage pump out

facilities. If H.R. 3673 becomes law, boaters may have to deal with

odors, reduced water clarity and possibly higher levels of bacteria in

marinas due to increased disposal of sewage at the dock. A benefit to

recreational boaters could be the convenience of not having to pay for

mobile pump out services, sail to pump out facilities or sail five miles

offshore to dump their sewage holding tanks. With 134 pump out facilities

and 14 no-discharge zones, more than any other state, California would be

the state most affected by this bill.”

The only clarification that I would like to submit to the above

paragraph is one must be 3 miles, not 5 miles, off any shoreline in the

ocean to empty one’s waste holding tanks.

MSD Type IA will allow all the pathogens, parasites and viruses to be

ground-up with the waste and then introduced into the harbor’s water.

Practically speaking, a vessel discharge in isolated areas like the Puget

Sound will not affect the overall Total Daily Maximum Load (TMDL).

However, in areas such as Newport Harbor, where that maximum load is

carefully monitored, the partially treated waste released from the 9,000

boats most likely will exceed those maximum load limits and there will be

no way of controlling the boaters who are simply following the law.

I find it ironic that we spent more than $5 million in studies and

could not identify the source of the contamination in the ocean off

Huntington Beach yet a federal bill is being introduced that might have

the exact same affect in our harbors. Maybe someone needs to buy Saxton a

plane ticket to John Wayne Airport so that he can personally see a real

life situation.

Here are a few fax numbers that I read on Jack Skinner’s letter to

Rep. Chris Cox that you can send your letter of opposition to: Rep. Jim

Saxton fax, (202) 225-0778; Rep. Chris Cox fax, (202) 225-9177; Sen.

Barbara Boxer, fax (415) 956-6701; and Sen. Dianne Feinstein, fax (202)

228-3954.

***

Last week’s question of the week, concerning me hosting a boating

radio talk show is running 100% in support and you can still cast your

vote on my Web site home page at o7 www.BoathouseTV.comf7 .

Safe voyages.

* MIKE WHITEHEAD is the Pilot’s boating and harbor columnist. Send him

your harbor and marine-related thoughts and story suggestions via e-mail

to o7 [email protected] or o7 BoathouseTV.comf7 .