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

It is illegal to discharge untreated waste, oil, or trash into any federally controlled or Kentucky 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.

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.
• 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 have “Y” valves that can direct the waste overboard.

It is illegal to discharge raw sewage into any public waters.

Treated sewage may be discharged from a marine toilet only into legal discharge waters. Legal “discharge” waters are Barkley Lake, Kentucky Lake, Lake Cumberland, Dale Hollow Lake, and any of the major river systems.

The “Y” valve on a Type I or II MSD must be sealed or locked while the vessel is on “no discharge” waters.

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. On recreational vessels, a bucket or bailer is adequate. Fuel spills can be removed using absorbent bilge pads.
• 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 toll-free 1-800-424-8802. Report the discharge’s location, color, source, substances, size, and time observed. You must also call the Kentucky Division of Water 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

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 Kentucky Division of Water by calling 1-800-928-2380.

Stop the Spread of Zebra Mussels!

It is illegal to import or possess zebra mussels in Kentucky. Zebra mussels most often spread between waterways by hitching a ride on vessels and trailers. When transplanted into new waters, these organisms proliferate, displacing native species and damaging the water resource and your vessel.

To prevent spreading zebra mussels:

• Inspect your vessel, motor, live wells, and trailer, scraping off any zebra mussels you see before leaving the waterbody.
• Flush vessel engines with uncontaminated water to remove any mussels not found.
• Wash vessel parts that contact the water with hot water to remove zebra mussel larva.
• Air dry your vessel and equipment in the sun for two to four days before entering another waterway.