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

It is illegal to discharge untreated waste, oil, or trash into any federally controlled or 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 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 (including trash, garbage, oil, and other liquid pollutants) into the waters of the United States.

Florida’s Clean Boater Program

Boaters sign a pledge promising to read the Clean Boating Habits booklet and to ensure that they and their passengers will abide by its guidelines. These boaters may display a Clean Boater sticker on their vessel.

The Clean Boater Pledge:

• Keep Florida's waters free of trash
  (bring your trash back)
• Practice proper fueling
• Recycle when possible
• Use pump-out facilities
• Help prevent the spread of exotics
• Be a clean boater example
• Encourage fellow boaters to "Take the Pledge"
• Remember that a clean environment always starts with me

The Clean Marina program is a voluntary program designed to help keep Florida's coast and waterway resources clean, which consists of Awards & Recognition, Education Awareness, and Clean Marina/Boatyard Designation. The Program is funded through grants from the Environmental Protection Agency and the National Oceanographic and Atmospheric Association and is administered by the Florida Department of Environmental Protection. The Clean Marina program provides marina operators/owners with the means to self-assess their facilities through the use of a checklist provided by the Department of Environmental Protection. The checklist includes marina activities with associated Marina Environmental Measures (MEMs); efforts to communicate effectively the standards and procedures to all employees and agents; and procedures for prompt and appropriate correction of any violations that may occur if corrective actions need to take place.

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.

• 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.
• Type II MSDs are required for vessels 65 feet and longer and use a combination of maceration, septic treatment, and chemical treatment to kill bacteria just prior to discharge. There may be a "Y" valve that directs untreated waste material for discharge or directs waste material for treatment prior to discharge. The "Y" valve must be secured to direct waste to the MSD.
• Type I MSDs are for vessels over 26 feet and under 65 feet long and use a combination of maceration and chemical treatment to kill bacteria just prior to discharge. There may be a "Y" valve that directs untreated waste material for discharge or directs waste material for treatment prior to discharge. The "Y" valve must be secured to direct waste to the MSD.

All vessels 26 feet or more in length, which have an enclosed cabin with sleeping facilities, must be equipped with a toilet if on Florida state waters.

• On a vessel other than a houseboat, the toilet may be portable or a permanently installed toilet properly attached to a MSD.
• Every houseboat must be equipped with at least one permanently installed toilet properly attached to a Type III MSD.

All installed devices must be U.S. Coast Guard-certified.

Discharge of Trash

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.

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 notify the State Warning Point by calling 1-800-320-0519.

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 the State Warning Point and report the discharge.

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.p

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 spill

Protect Florida’s Waterways from Invasive Aquatic Plants

Managing non-native aquatic plants that have been introduced into Florida's waterways costs millions of dollars each year. These invasive aquatic plants can:

• Shade out beneficial native submersed plants and lower oxygen levels resulting in fish kills.
• Hamper the feeding of sport fish producing stunted fish populations.
• Negatively impact local economies.
• Threaten human health by creating ideal mosquito breeding habitats.
• Restrict water flow, resulting in flooding.
• Reduce lakefront esthetics and property values.
• Increase the sedimentation of waterbodies.

Non-native aquatic plants such as hydrilla, water lettuce, and water hyacinth are invasive weeds that can cause significant environmental harm. Help slow the spread of these species and prevent additional invasive aquatic species from becoming established.

Clean all aquatic plants (even small fragments) and mud from your boat and trailer before leaving a waterway.

Protect Florida’s Seagrasses

Seagrasses are plants totally adapted to living underwater. Their canopy of leaves that rise into the water and their net of roots that penetrate into the sediments below create a calm, stable, and protected habitat for a wide variety of marine life.

• Seagrass benefits the environment by providing habitat or nursery areas for young stages of fish, crustaceans, and shellfish, which are important to commercial and recreational industries. Seagrass also maintains water quality by stabilizing bottom sediments and removing nutrients from the water column, aiding the growth of other marine life.
• Seagrass loss in watersheds of estuarine and marine systems is caused by human activities such as dredge and fill activities, coastal development, nutrient pollution, degraded water quality, propeller scarring, and interruption of natural hydrology.
• If boating in shallow areas or seagrass beds, you could see a mud trail in your wake where your propeller has churned up the bottom, clouded the water, and likely cut seagrass roots. If you see this trail, you should:
  1. Stop your vessel.
  2. Tilt your motor out of the water.
  3. Pole or walk your vessel out of the shallow area or seagrass bed.

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