Chapter 4: The Legal Requirements of Boating
Waste, Oil, and Trash Disposal in Arkansas and Federal Waters

It is illegal to discharge waste, oil, or trash into any state or federally controlled waters. This is for very good reasons.

• Sewage carries disease and other pollutants that are harmful to people, aquatic plants, and animals.
• Trash thrown into the water can injure swimmers and wildlife alike. It also can plug engine cooling water intakes.
• Pollution is unsightly and takes away from your enjoyment of the water.

Vessel operators need to be aware of the following regulations for waste, oil, and trash disposal that apply to both federally controlled and state waters. The Refuse Act prohibits throwing, discharging, or depositing any refuse matter of any kind (including trash, garbage, oil, and other liquid pollutants) into the waters of the United States.

Signs like these are posted at pump-out stations in Arkansas.

Discharge of Sewage and Waste If you have a recreational vessel with installed toilet facilities, it must have an operable marine sanitation device (MSD) on board. There are three types of MSDs. Types I and II MSDs are usually found on large vessels. Waste is treated with special chemicals to kill bacteria before the waste is discharged. Types I and II MSDs with “Y” valves that would direct the waste overboard must be secured so that the valve cannot be opened. This can be done by placing a lock or non-reusable seal on the “Y” valve or by taking the handle off the “Y” valve. Type III MSDs provide no treatment and are either holding tanks or portable toilets. Collected waste should be taken ashore and disposed of in a pump-out station or onshore toilet. Vessels 65 feet or less in length may use a Type I, II, or III MSD. Vessels over 65 feet in length must install a Type II or III MSD. All installed devices must be U.S. Coast Guard–certified.

Discharge of Trash

The Act to Prevent Pollution from Ships places limitations on the discharge of garbage from vessels. It is illegal to dump refuse, garbage, or plastics into any state or federally controlled waters. Many forms of litter can kill birds, fish, and marine mammals.

• You must store trash in a container while on board and place it in a proper receptacle after returning to shore.
• If boating on federally controlled waters and your vessel is 26 feet or longer, you must display a Garbage Disposal Placard in a prominent location. The Garbage Disposal Placard is a durable sign that is at least 4 x 9 inches and notifies passengers and crew about discharge restrictions.

Arkansas Law Regarding Glass Containers and Trash

The following restrictions apply to any vessel that is easily susceptible to swamping, tipping, or rolling (such as a canoe, kayak, or inner tube) and operating within the banks of Arkansas’s navigable waterways. Navigable waterways means any navigable river, lake, or other body of water. The law does not apply to houseboats, party barges, jon boats, runabouts, ski boats, bass boats, or similar craft not easily susceptible to swamping, tipping, or rolling.

• Except for containers for substances prescribed by a licensed physician, no one may have or use glass containers within a vessel.
• All persons using a cooler, icebox, or other container for foodstuffs and beverages must:
  • Ensure that the container is made to seal or lock in the contents to prevent the contents from spilling into the water.
  • Carry and affix to the vessel a container or bag, of mesh construction, suitable for containing their trash and capable of being securely closed.
  • If removed from such a container, keep all beverages attached to or held within a floating holder or other device designed to prevent the beverage from sinking beneath the surface of the water.
  • Transport all their trash to a place where the materials may be disposed of safely and lawfully.
• A container is not required for persons traveling without foodstuffs or beverages.

What to Do in Case of Discharge

If your vessel discharges oil or hazardous substances in the water, notify the U.S. Coast Guard by calling 1-800-424-8802.

Discharge of Oil and Other Hazardous Substances

Regulations issued under the Federal Water Pollution Control Act requires all vessels with propulsion machinery to have a capacity to retain oil mixtures on board.

• You are not allowed to discharge oil or hazardous substances.
• You are not allowed to dump oil into the bilge of the vessel without means for proper disposal.
• You must discharge oil waste to a reception facility. On recreational vessels, a bucket or bailer is adequate.
• You must immediately notify the U. S. Coast Guard if your vessel discharges oil or hazardous substances in the water. Call toll-free 1-800-424-8802. Report the discharges location, color, source, substances, size, and time observed.

If your vessel is 26 feet or longer you must display a 5 x 8 inch placard made of durable material, fixed in a conspicuous place in the machinery spaces, or at the bilge pump control station, stating the following:

Discharge of Oil Prohibited

The Federal Water Pollution Control Act prohibits the discharge of oil or oily waste upon or into any navigable waters of the U.S. The prohibition includes any discharge which causes a film or discoloration of the surface of the water or causes a sludge or emulsion beneath the surface of the water. Violators are subject to substantial civil and/or criminal sanctions including fines and imprisonment.

Oil Discharge Placard A 5 x 8-inch sign that states the law pertaining to oil discharge

Waste Management Plan

• Ocean-going vessels that are 40 feet or more in length with cooking and sleeping facilities must have a written Waste Management Plan.
• The captain of the vessel is responsible for implementing the Waste Management Plan.
• The Waste Management Plan, identifying the vessel's name and home port, should be posted and should include directives to all persons on board about:
  • Discharging sewage and hazardous substances
  • Discharging garbage and other food waste
  • Disposing of plastics, bottles, and cans
  • Reading applicable placards for additional information
  • Advising the captain in case of oily discharges or diesel spills

Stop the Spread of Nuisance Species!

Introducing non-native species into Arkansas waters can upset the balance of the ecosystem, harming the environment. Aquatic nuisance species, such as zebra mussels and hydrilla, most often spread between waterways by hitching a ride on vessels and trailers. When transplanted into new waters, these organisms proliferate, displacing native species and damaging the water resource.

To prevent spreading aquatic nuisance species:

• Inspect your vessel and trailer, and remove any plants and animals you see before leaving the area.
• Drain your motor, live well, and bilge on land before leaving the area.
• Empty your bait bucket on land. Never release live bait into a body of water or release aquatic animals from one body of water into another.
• Rinse your vessel, propeller, trailer, and equipment.
• Air dry your vessel and equipment for as long as possible.