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.

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.

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.

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 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:

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; 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.