Chapter 4: The Legal Requirements of Boating
Waste, Oil, and Trash Disposal In Delaware 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.

Pump-Out Station Sign Look for these signs at designated Delaware marine sanitation pump-out facilities.

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 more than 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.

Garbage Disposal Placard

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. Also call the Delaware Department of Natural Resources and Environmental Control, Division of Fish and Wildlife, Enforcement Section’s emergency number at 1-800-523-3336 or 302-739-4580.

Discharge of Oil and Other Hazardous Substances

Regulations issued under the Federal Water Pollution Control Act require all vessels with propulsion machinery to be able 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 of 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 dispose of oil waste at an approved reception facility. On recreational vessels, a bucket or bailer is adequate for temporary storage prior to disposing of the oil waste at an approved facility.
• You must notify the U.S. Coast Guard immediately 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. You also must call DNREC and report the discharge.
• If boating on federally controlled waters and 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

Don’t Foul the Water!

Keeping your vessel’s hull clean and free of growth is important but not at the cost of fouling Delaware waters. All anti-fouling paints work by releasing toxic chemicals into the surrounding water. In general, the more effective the paint is, the more toxic its ingredients are. Keep in mind …

• Copper-based paints, used for decades, have generally proven adequate to keep a hull clean for a year or more and are less toxic.
• Newer tin-based paints (such as tributyltin, or TBT) should not be used. TBT is one of the most toxic chemicals to aquatic life—interfering with reproduction, especially of shellfish. Studies indicate TBT also causes health problems in humans. Delaware law restricts the use of products containing TBT.
• When preparing your vessel for being painted, catch all toxic paint scrapings and dispose of them in a proper container. When painting, keep all paint thinner, brush cleaners, etc. away from the water and dispose of them properly to reduce the chance of fouling the water.
• Consider using a dry-stack boat-storage system to reduce the need for bottom paint.

Stop the Spread of Nuisance Species!

Introducing non-native species into Delaware waters can upset the balance of the ecosystem, thereby harming the environment. Aquatic nuisance species, such as zebra mussels, quagga mussels, milfoil, 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.
• Avoid driving through vegetation.
• 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.
  • It is illegal to transfer any fish from one public body of water to another without a permit.
• Rinse your vessel, propeller, trailer, and equipment.
• Air-dry your vessel and equipment for as long as possible.