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

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

Pumpout Station sign

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

Discharge of Sewage and Waste

Massachusetts law states that it is unlawful to discharge raw sewage or other refuse into Massachusetts waters. If you have a recreational vessel with installed toilet facilities, it must have an operable marine sanitation device (MSD) on board that is self-contained and incapable of discharging directly into the water.

There are three types of MSDs.

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 over 65 feet in length must install a Type II or III MSD.

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

No Discharge Areas (NDAs) in Massachusetts

It is illegal to dump both treated and untreated sewage In these NDAs:

All of Buzzards Bay
Waquoit Bay in Falmouth
The Coastal Waters of Harwich
Three Bays/Centerville Harbor in Barnstable
Stage Harbor in Chatham
Wellfleet Harbor
The Coastal Waters of Nantucket from Muskeget Island to Great Point, including Nantucket Harbor

Please Pump Out

Boaters can help reduce water pollution by pumping out. Pump-outs are wet vacuums that draw sewage out of a boat’s holding tanks for proper disposal. With the assistance of federal funding, the number of pump-out stations (and pump-out boats) has increased significantly. Boaters have responded by using them, which already has improved coastal water quality.

Pump-out stations allow boaters to comply with the Federal Clean Water Act, which prohibits the discharge of untreated sewage in coastal waters within three miles of shore. Pump-out stations are also available in the seven No Discharge Areas (NDAs) in Massachusetts (see above).

Use the pump-out stations to keep sewage out of our fishing and swimming areas.

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 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.

Garbage Disposal Placard

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 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 discharge oil waste at an approved reception facility. On recreational vessels, a bucket or bailer is adequate.
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 Massachusetts Department of Environmental Protection at 1-888-304-1133 and report the discharge.
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 following:

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

Help Keep Massachusetts Waters Clean

Boaters in Massachusetts have a role to play in preserving the aquatic environment. What we do as individuals can make a real difference in keeping our waters safe and clean for everyone.

To help keep our waters clean:

Make it a policy on your vessel that nothing goes overboard. If you had room to bring it, there’s room to take it back!
Take reusable containers and recycle your paper, cans, and bottles whenever possible.
Encourage your marina to establish recycling facilities and pump-out stations.
Avoid products that remove stains or make your boat shine—they can be very toxic.
Use or request that your boatyard uses the least damaging bottom paints available.
For more information, contact Massachusetts Coastal Zone Management at 617-626-1212.

Invasive Species

What Are They?

Invasive species are plants or animals, either indigenous to this region (native) or from other regions (non-native or exotic), that have the ability to dominate or alter an ecosystem. Most exotic species originally arrived in ballast water or were intentionally or accidentally released from aquariums. Invasive species often are spread by remaining on boat trailers, propellers, and fishing gear or in a bait bucket, cooling water, and live well water.

Why Are They Harmful?

Prevention of Boating/Fishing: Many invasive plants grow rapidly in our lakes. The dense mats of vegetation they form can restrict or entirely prevent boating and fishing and may make the waterway entirely impassable.
Loss of Native Plants and Animals: Non-native plants often do not provide ideal habitat or food for fish and other aquatic animals. These plants crowd out native vegetation, and the fish and animals that depend on native vegetation must relocate or perish.
Loss of Biodiversity: The spread of invasive species often reduces the biological diversity of the area and can disrupt the balance of the ecosystem.
Loss of Property Value: The aesthetic appeal, recreational value, and surrounding property values of a lake may decline quickly as an invasive species takes over.
Expensive: Once exotic plants are established, they are almost impossible to eradicate and are expensive to control. The United States invests millions of dollars annually to manage these plants and repair the damage.

How Can You Prevent Their Spread?

Remove all plant parts from your boat motor, trailer, anchors, fishing gear, and dive gear. Dispose of plant matter above the waterline on dry land or in a trash can.
Dispose of live well, bait, and cooling water away from the shore after each use.
Never release a plant or animal into a body of water unless it came out of that body of water.
Wash your boat, preferably with hot water, and allow it to dry completely before entering another body of water.
Familiarize yourself with invasive species by requesting one of our free color guides to invasive aquatic plants, and spread the word to others about invasive species.
Get involved. Request a free “Stop the Spread” sign for your boat ramp, or join a weed monitoring group to identify and eradicate new infestations in your lake before they become permanently established.
Be alert for zebra mussels. They have not yet been reported in MA but are established in NY, VT, and CT. Zebra mussels can destroy dive gear, boat motors, and other engines. Please report any possible infestation.