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

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

• Sewage carries disease and is harmful to people, aquatic plants and animals.
• Trash thrown into the water can injure swimmers and wildlife alike. It can also 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 California.

Discharge of Sewage and Waste If you have a recreational vessel with installed toilet facilities, it must have an operable MSD or holding tank on board. All installed devices must be U.S. Coast Guard-certified. The types of MSDs are: A Type III MSD, the simplest and most common, consists of holding tanks or portable toilets. It requires only a small storage space and is simple to operate. Type III MSDs have the least effect on the environment since the waste is to be discharged on shore into a local sewage treatment facility. 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 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. It is illegal to disconnect, bypass or operate a marine sanitation device (MSD) so as to discharge sewage on inland waters or on coastal waters anywhere within the three mile U.S. territorial limit. In designated no-discharge areas: No person may disconnect, bypass or operate an MSD so as to potentially discharge sewage. No person shall occupy or operate a vessel in which an MSD is installed unless the MSD is properly secured.

Discharge Of Trash

It is illegal to dump garbage and plastics into federally controlled or state waters.

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

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 require 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. The penalty for illegal discharge may be a fine up to $10,000.
• You are not allowed to dump oil into the bilge of the vessel without means for proper disposal. Fuel spills can be removed using absorbent bilge pads.
• 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 discharge’s 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!

Non-native aquatic species—plants, fish and animals—are invading California’s coastal and inland waters. These pests can displace native species, clog waterways, and impact navigation and recreation. Once introduced, they are nearly impossible to eliminate.

You can help prevent the introduction and spread of non-native species from one body of water to another.

• Inspect your vessel and remove aquatic plants or animals before leaving any waterway.
• Flush raw-water cooling systems and clean sea strainers before moving your vessel from one waterway to another.
• Empty bait buckets and remove any plant fragments from your vessel or gear. Dispose on land in a garbage receptacle.
• Drain water from your motor, live wells and bilge.
• Wash your vessel before putting it into a new body of water.
• Report new infestations to the U.S. Fish and Wildlife Service.