Even though Tomales Bay produces a considerable amount of California’s fresh oysters, boats with on-board sewage treatment systems can legally dump treated sewage into the water.
The fact that treated boat sewage can be dumped in Tomales Bay may be surprising for a water body designated impaired for pathogens by the Water Quality Control Board and a place designated a wetland of international importance. But if the local Shellfish Technical Advisory Committee (TAC) has its way, Tomales Bay will finally become a “No Discharge Zone” for all boaters.
In other words, discharge even from Coast Guard-approved on-board sewage treatment systems would be prohibited, just as the discharge of untreated sewage is prohibited now.
The effort to protect the water quality of the bay has been an enduring project for many organizations in West Marin. But getting the 15-mile-long estuary, which is within the Gulf of the Farallones National Marine Sanctuary, designated as a “no discharge zone” may take years, said Dale Hopkins of the San Francisco Regional Water Quality Control Board, who chairs the Shellfish TAC. “It will take the Environmental Protection Agency to designate the bay a no discharge zone,” said Hopkins. “That could take years rather than months. We are still in the fact-finding stage.” Read more...
The plan to make the bay an area free of waste discharge depends on the tack the state and regional water board officials and the stakeholders in the area want to take.
The easiest way is to request the designation at a federal level with the Environmental Protection Agency through the Clean Water Act (CWA) passed in 1977.
“It should have been done in the 1970s when the law was enacted,” said Molly Munz, a Water Quality specialist at the California Water Resources Control Board. Munz said many coastal areas were designated no discharge zones in the 1970s. “It’s a perfect fit for a Clean Water Act designation,” said Munz. “It would be a priority to us if it was a priority to the people who live there.”
Two plans
There are two options under the CWA to make the plan a reality. The quickest way would be to provide a pump-out facility on the bay, where boat sewage holding tanks could be pumped out; then the EPA would be able to release a “notice of designation” in the federal registry - a quick process that could take months, according to Munz.
The problem is that Tomales Bay currently has no sewage pump-out stations for local boats or for cruisers that sail into the bay. Boats that have built-in sewage holding tanks needing a place to pump out the sewage must go north to Bodega Bay, or discharge at least three miles from shore and outside of the local National Marine Sanctuaries, which extend out even further.
There are a few locations in Tomales Bay identified as suitable for these stations, including Marshall Boat Works and Sacramento Landing because of their deep-water access.
But another spot - while not recommended by the Gulf of the Farallones National Marine Sanctuary Advisory Committee because of the shallow water during low tide - would be the dock at Nicks’ Cove in Marshall.
Pat Kuleto, restaurateur and owner of Nicks Cove and Cottages, offered to pay and install a pump-out station at the end of the public dock in front of the restaurant last year. The move was seen as a way to win over skeptics as he tries to expand and differentiate his business.
Nick’s Cove expansion
Last year he presented a plan to the county to expand his business to include charter boat and kayaking tours, live music and modifying the boathouse at the end of the dock for private meetings. The county came back with a response noting that the proposed boat operation did not conform to the idea of environmentally sensitive development but also said the proposal did have a concept that would be both beneficial and desirable to the local area.
At the time, Terry Sawyer, co-owner of Hog Island Oyster Company, told Kuleto, “The only way I would be comfortable with a boating increase is if you were to host a pump-out station.” Sawyer said it would be tough for Kuleto to find an agreeable route for his tours. The offer to “host” a pump-out station still stands.
Michele O’Hara, who has been heading up Nick’s Cove’s efforts to obtain approval of the boating enterprise (Boat Goombas), said Nick’s Cove is pursuing a pump-out station at the end of the dock but has not yet filed any requests for a permit. In fact, Nick’s Cove has not filed any new applications with the county since 2009 when they submitted a pre-application to expand the business. County planners also said that the company had taken no recent actions in pursuit of the new business goals as far as permits. But Nick’s Cove is working on a formal application with the county’s recommendations in mind, O’Hara said
‘Area of importance’
Another route to obtaining “no-discharge zone” status for Tomales Bay would be to prove the area is of environmental and biological importance. This option would not require a pump-out station. But this option would be part of a federal rule-making process by the Office of Management and Budget and could take up to three years, Munz said.
Munz, at a recent Shellfish Technical Advisory meeting, said the last option for making Tomales Bay a no-discharge zone would be to go through the federal Sanctuaries Act. This option would also take about three years, she said. But instead of the EPA the process would be through National Oceanic and Atmospheric Administration (NOAA).
Untreated sewage cannot be discharged in Tomales Bay or other coastal waters, and boats without on-board treatment equipment are required under Coast Guard regulations to have porta-potties or other equipment to hold the waste until they discharge it at shore. There are presently no facilities for smaller boats to dump the waste from porta-potties, although the county plans to construct one at Miller Park, just north of Nick’s Cove.
