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

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

Pump-Out Station Sign

Signs like these are posted at pump-out stations in Idaho.

• Sewage carries disease and other pollutants that are harmful to people, aquatic plants, and animals.
  • Untreated discharge from just one weekend boater has as much bacterial pollution as the treated sewage of 10,000 people.
  • Human sewage and garbage harm wildlife and kill fish.
  • Human sewage can transmit diseases like hepatitis, typhoid, and cholera to swimmers.
  • Over time, water from lakes and rivers seeps into groundwater—the water we drink.
• 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.

Discharge of Sewage and Waste

You are not required to have an installed toilet on your vessel. Many people use portable toilets and dispose of the waste at a public launch that has a pump-out station equipped for portable toilets. Encourage everyone to use the onshore restrooms before casting off. For long outings, equip your vessel for sewage with toilet facilities. See a list of pump-out and sanitation facilities.

Signs like these are posted at pump-out stations in Idaho.

If you have a recreational vessel with installed toilet facilities, federal law states that is must have an operable marine sanitation device (MSD) on board.

• 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.

What To Do in Case of Discharge

If your vessel discharges oil or hazardous substances into 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 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.
• 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 Federal Water Pollution Control Act’s law.

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

Aquatic Nuisance Species

Eurasian watermilfoil, zebra mussels, quagga mussels, and New Zealand mud snails are some of the species found in Idaho. Often spread between waterways by hitching a ride on vessels and trailers, these non-native species can spread rapidly to the point that they can damage the environment and hurt the economy.

Due to the increasing threat of invasive species, the Idaho legislature has passed The Idaho Invasive Species Act of 2008, which outlines numerous regulations and penalties including the following.

• You may not introduce an invasive species into the state of Idaho. Also, you may not buy, sell, distribute, or otherwise possess an invasive species within the state unless:
  • You have a permit issued by the Idaho Department of Agriculture (IDA) or …
  • You meet other requirements specified in the Act such as keeping the invasive species in a sealed container during transport to a state authority.
• The director of the IDA may inspect public or private land, bodies of water, or property to check for and/or destroy invasive species. This includes setting up inspection checkpoints around the state and issuing hold orders for any items where an invasive species is found.
• Anyone who violates the regulations in the Act shall be guilty of a misdemeanor and may be fined up to $3,000, imprisoned in county jail for up to 12 months, or both. A person may receive additional civil penalties of up to $10,000.
• If your boat has been in infested waters even briefly, it could be carrying fragments of an invasive species.

Here’s what you can do to prevent the spread of invasive species:

• Inspect your vessel and trailer, and remove any plants and animals you see before leaving the area.
• 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. Use of live bait is illegal in most Idaho waters.
• Rinse your vessel, propeller, trailer, and equipment.
• Air-dry your vessel and equipment for as long as possible.

Stop the Spread of Nuisance Species!

	Eurasian Watermilfoil This noxious weed forms very dense mats of vegetation on the water’s surface and is transplanted by hitchhiking on vessels and motors. It has feather-like leaves arranged in whorls of four around the stem, which may reach lengths of 10 feet of more. A pink-flowering spike appears above the water from June to August.
	Zebra Mussel This tiny D-shaped mollusk can clog water intake pipes, damage vessel engines, and alter native species populations. Zebra mussels can be transported on vessel hulls, motors, and other equipment or in bilges, bait buckets, and live wells.

Eurasian Milfoil	Purple Loosestrife	Zebra Mussel

The Idaho Invasive Species Fund

Recently passed legislation will help fund programs to prevent the introduction of invasive aquatic species in Idaho. The new law requires owners of motorized and non-motorized vessels to contribute to the Idaho Invasive Species Fund (IISF). The Idaho Department of Agriculture is responsible for management of the IISF program.

Idaho Invasive Species Fund Sticker

• Under the new law, you must purchase and display IISF stickers in order to launch and operate vessels legally in Idaho. This requirement applies to:
  • Any boat that is registered in Idaho or another state
  • Any non-motorized vessel (canoe, kayak, raft, drift boat, etc.)
• Only inflatable, non-motorized vessels less than 10 feet in length are exempt from the IISF sticker requirement.
• The fee for the sticker is in addition to any annual boat registration fees already being paid.