Charting Cleaner Waters: Florida Designates First Aquatic Preserve as a No Discharge Zone (NDZ)

Indian River – Vero Beach to Fort Pierce Aquatic Preserve. Map provided by MapDirect, Florida Department of Environmental Protection.

The Environmental Protection Agency recently approved a No-Discharge Zone (NDZ) for the Indian River Lagoon Vero Beach to Fort Pierce Aquatic Preserve; this is the fourth NDZ designation in the state and the first of the Florida Department of Environmental Protection  (FDEP) aquatic preserve to receive this status. 

Under NDZ, it is illegal for boaters to discharge untreated and treated sewage from boats. Within NDZ boundaries, vessel operators must retain their sewage onboard for discharge at sea – which is typically beyond three miles from shore in the Atlantic, and nine if boating in the Gulf of Mexico off Florida or Texas – or onshore at a pumpout facility.

While dumping sewage is no longer a common practice for most boaters, the cautionary ruling stems from the critical pollution issues in the Indian River Lagoon (IRL).   

What’s the significance of the Indian River Lagoon?  

Indian River-Vero Beach to Fort Pierce Aquatic Preserve is among the 43 FDEP Aquatic Preserves and spans 12 miles long, encompassing 9,500 acres from Indian River to St. Lucie Counties. Sometimes called the “cradle of the ocean”, the IRL provides ecosystem features such as seagrass meadows, oyster beds, mangrove habitat, shallow estuarine waters, and marshes – all of which support the food web for animals, including humans. The lagoon fisheries generate an estimated $30 million in revenues annually and provide approximately 50 percent of the annual fish harvest along the east coast of Florida.

 However, nutrient loading from commercial and residential development has resulted in the degradation of one of the most biologically productive estuaries in North America. Fertilizer runoff was deemed the leading nonpoint source pollutant, causing harmful algal blooms and poor water quality in the IRL. Now, a recent study by Florida Atlantic University’s Harbor Branch Oceanographic Institute reveals septic systems are having greater impacts on the lagoon. 

With over 1 million boaters in Florida, plus many more visiting seasonally, it is important to be cautious in ecologically sensitive areas. Sewage from boats, whether it is treated or untreated, is highly concentrated when compared to municipal sewage. 

Why NOT to Dump Treated Sewage? 

Treated boat sewage increases levels of nutrients in the water since the treatment systems on boats are only required to reduce bacteria and solids, not nutrients. Excess nutrients from sewage, like phosphorus and nitrogen, can contribute to harmful algae blooms (HABs), which block sunlight penetration and contribute to lower oxygen levels in the water. 

When sewage breaks down, it requires a decent amount of oxygen to decompose organic matter, making it difficult for fish and other aquatic life to survive. Human waste contains bacteria, viruses, and potentially parasites, and can spread diseases. Additionally, water contaminated by human waste can contaminate shellfish beds. 

Background and Enforcement

The designation of Florida’s NDZ came to fruition in 2021. The Florida Legislature passed Senate Bill 1086 creating Chapter 327.521, F.S., designating all waters within aquatic preserves to be identified as vessel sewage no-discharge zones if approved by the EPA. 

Enforced by the Florida Fish and Wildlife Conservation Commission, a violation of this section of Florida law is a noncriminal infraction punishable by the issue of a citation of up to $250. If any prohibited discharge is ongoing or continuous, a penalty of up to $250 may be assessed for each day the violation continues. 

Any vessel or floating structure violating this section of Florida law is declared a nuisance and a hazard to public safety and health and can be removed from state waters if the owner or operator of a vessel or floating structure does not correct the violation for which the citation is within 30 days. 

How do I properly dispose of sewage? 

Keeping the state’s waters clean is a significant challenge. Florida’s application for a vessel sewage no-discharge zone also requires the state to determine if there are adequate facilities available for the safe and sanitary removal and treatment of sewage from all vessels near the no-discharge zone designation. 

To locate these facilities, Florida Sea Grant and partners have designed the Pumpout Nav app for boaters to have access to an interactive tool to locate more than 280 publicly available pumpouts, portable toilet dump stations, and mobile pumpout vessels throughout the state.​ The Florida Sea Grant Clean Boating Coordinators also are diligent at work to ensure pumpout stations at marinas are properly equipped and maintained. 

The Florida DEP Clean Vessel Act Grant Program, in partnership with the Florida Sea Grant, develops tools and resources that empower the boating community to properly dispose of waste and keep our water clean.

The Clean Vessel Act is funded through the Florida Department of Environmental Protection through a grant from the US Fish and Wildlife Service.