Chapter 4: The Legal Requirements of Boating
Waste, Oil, and Trash Disposal In Delaware and Federal Waters
It is illegal to discharge untreated waste, oil or trash into
any federally controlled or Delaware 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.

Look for these signs at designated Delaware marine sanitation
pump-out facilities.
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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.
- The types of MSDs are:
- 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. In Delaware, marinas
providing docks for vessels with Type III systems
are now required to provide convenient access to
pump out facilities. Types III MSDs with “Y” valves
that direct the waste overboard must be locked in
the closed position preventing discharge of waste
overboard.
- 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.
Always flush these systems only in open waters, preferably
at least 20 feet deep. Maintain these MSDs to insure
they meet Delaware’s standards for waste treatment.
- Discharge of untreated or inadequately treated sewage
is illegal in Delaware coastal waters within three miles
of shore.
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Discharge Of Trash
It is illegal to dump garbage and plastics into federally controlled
or state waters. Many forms of litter can kill birds, fish and
marine mammals.
- You should 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.

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. You must also call
the DNREC and report the discharge.
- If boating on federal 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:
Oil Discharge Placard
A 5 x 8-inch sign that states the law pertaining to oil discharge |
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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; however,
not at the cost of fouling Delaware’s waters. All anti-fouling paints
work by releasing toxic chemicals into the surrounding water. In general, the
more effective the paint, the more toxic its ingredients. 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 TBT-containing
products.
- 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 dry stacking your vessel to reduce the need for bottom paint.
Boating and Nuisance Vegetation or Fish
When
operating or trailering your vessel, one should realize that nuisance
organisms, both plant and animal, should not be transported from
one body of water to another through such things as bait buckets,
bilge water, trailer tires, etc. You can do your part in preventing
the spread of nuisance organisms by:
- Cleaning all vegetation from your vessel trailer before leaving
the area.
- Disposal of vegetation should occur on land away from all water.
- Avoid driving through vegetation.
- It is illegal to transfer any fish from one public body of
water to another without a permit.
- Be sure to flush live wells when leaving a body of water before
going to the next.
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