Chapter 4: The Legal Requirements of Boating
Waste, Oil, and Trash Disposal In Maryland 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.

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.

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.
Type III MSDs, the simplest and most common, consist of holding tanks or portable toilets. They require only a small storage space and are 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 such as a pump-out station.

Pumpout Station sign

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

MSD and Pump-Out Station Diagram

While a vessel with an installed toilet is on Maryland or federally controlled waters, the operator must ensure that there is no possibility of discharging
sewage overboard.

Types I and II MSDs with “Y” valves must be secured by bypassing, locking, securing, or disabling the valve by using a padlock or non-reusable seal or by removing the valve handle so that waste cannot be directed overboard.
Vessels with a Type III MSD must disconnect or physically block any on board sewage lines or hull fittings that would allow waste to be discharged overboard.

Vessels 65 feet and under 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.

For more information on pump-out stations, visit the Maryland Department of Natural Resources on the Internet or call 410-260-8772.

Discharge of Trash

The Act to Prevent Pollution from Ships places limitations on the discharge of garbage from vessels. Maryland law also states that it is illegal to throw; dump; deposit; or cause to be thrown, dumped, or deposited any trash, junk, or other refuse on any Maryland waters. The vessel owner as well as the operator are liable for any trash thrown from a vessel.

You must store trash in a container 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 at least 4 x 9 inches that 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 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 Maryland Department of the Environment at 1-866-633-4686 and report the discharge.
The Federal Clean Water Act states that it is illegal to use liquid soap or other detergent to dissolve oil in the water.
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 Protect Maryland’s Coastal Bays

Maryland’s coastal bays consist of Assawoman, Isle of Wight, Sinepuxent, Newport, and Chincoteague Bays that are along Maryland’s Atlantic coast and behind Assateague Island and Ocean City. This region is experiencing the most rapid population increases in the entire state, and Worcester County alone is expected to almost double by 2020. As a boater, you can help protect these cherished bays by adopting the following practices.

Never let plastic bags or other trash blow out of your boat. At least half the deaths from stranded sea turtles and dolphins are from ingestion of plastics.
Keep your propeller out of seagrass beds, and do not accelerate rapidly in shallow areas. This kills seagrasses, which are vital to juvenile fish, clams, and crabs.
Discharge tank wastes and marine sanitation devices at pump-out stations only.
Place a bilge pillow (an oil-absorbing sponge) in your bilge to remove oil.
Avoid riding PWCs in quiet, secluded areas. They are the only place left for wildlife to seek refuge.
Never operate in less than 18 inches of water.
Obey fishing and crabbing regulations. There are $500 fines for undersized specimens.

Stop the Spread of Nuisance Species!

Introducing non-native species into Maryland waters can upset the balance of the ecosystem, thereby harming the environment. Aquatic nuisance species, such as zebra mussels and hydrilla, 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.

To prevent spreading aquatic nuisance species: Zebra mussel

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.
Rinse your vessel, propeller, trailer, and equipment.
Air dry your vessel and equipment for as long as possible.