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

It is illegal to discharge waste, oil, or trash into any state or federally controlled waters because of the following 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 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 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.

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

Discharge Of Sewage and Waste (625 ILCS 45/4-9) Illinois law states that it is unlawful to discharge any sewage into Illinois waters directly or indirectly. Federal law requires that every vessel with an installed toilet must have an operable U.S. Coast Guard–certified marine sanitation device (MSD) Type I, II, or III. 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 or at a sewage pump-out station. Types I and II MSDs treat waste with special chemicals to kill bacteria before the waste is discharged. Types I and II MSDs with “Y” valves that 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. All installed MSDs 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.

• You must 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 substance(s) in 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 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. On recreational vessels, a bucket or bailer is adequate.
• You must discharge oil waste to a reception facility.
• You must immediately notify the U.S. Coast Guard if your vessel discharges oil or hazardous substances in the water. Call the toll-free number 800-424-8802 and report the discharge’s location, color, source, substances, size, and time observed.
• If boating on federal waters and your vessel is 26 feet or longer, you must display a 5 x 8 inch sign made of durable material. The sign must be 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

Stop the Spread of Nuisance Species

It is essential to report Zebra Mussel sightings and help prevent its spread to other lakes and rivers. The barnacle-like mussel is a small black-and-white striped bivalve mollusk that first appeared in this country in 1988 and has spread throughout the Great Lakes and into the Mississippi Basin. The Zebra Mussel poses a multi-million-dollar threat to agriculture, industrial and municipal water delivery systems, and possibly sport fisheries.

Take the following precautions to prevent transferring the Zebra Mussel from infested waters:

• Inspect your vessel, motor, and trailer after each outing, removing any plants and animals you see before leaving the waterbody.
• Drain your engine, live well, and bilge on land before leaving the waterbody.
• Empty your bait bucket on land. Never release live bait into a waterbody or release aquatic animals from one waterbody into another.
• Dry your boat out or power wash it before launching.
• If you think you have found a Zebra Mussel, save it and contact your nearest Illinois Department of Natural Resources office.