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

It is illegal to discharge waste, oil, or trash into any federally controlled or Michigan state 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

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

Houseboats must have a wastewater holding system to prevent the discharge of waste into surrounding waters. State law prohibits houseboats from discharging any sewage, treated or untreated, into the fresh waters of Michigan. 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. 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.

Garbage Disposal Placard

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. You also should report it to the Michigan Pollution Emergency Alerting System (PEAS) by calling 1-800-292-4706.

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 the discharge is in Michigan state waters, you also should report it to the Michigan Pollution Emergency Alerting System (PEAS) by calling 1-800-292-4706.
• 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:

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 Invasive Plants and Animals

Michigan waters are threatened by non-native, invasive, aquatic plants and animals such as zebra mussels, round goby, sea lamprey, Eurasian ruffe, Eurasian watermilfoil, rusty crayfish, spiny water fleas, and hydrilla. These species and others are harmful to recreational boating and can cause extensive economic and natural resource damage.

Boaters should learn to identify non-native species that they may encounter and take precautions to prevent the spread of these species.

• Remove all visible aquatic plants and animals from your boat, motor, trailer, and accessory equipment before leaving the access area.
• Dispose of live bait and aquatic animals in the trash. Do not release live bait into the water.
• Drain live wells and all water from boats before leaving the access area.
• Power wash boats and trailers whenever possible, or dry all equipment thoroughly, before leaving the access area.
• Allow boats to dry for at least 10 days before launching into a different body of water.

Please help support invasive species control, research, and education efforts. Purchase a Great Lakes Specialty Decal at the Michigan Electronic Store.

Clean Boating Tips

Petroleum Control

Petroleum in or on the water is harmful, and in some cases fatal, to aquatic life. Floating petroleum is particularly bad because it reduces light penetration and the exchange of oxygen at the water’s surface. Floating oil also contaminates the microlayer. The microlayer refers to the uppermost portion of the water column. It is home to thousands of species of plants, animals, and microbes. The abundance of life in the microlayer attracts predators: seabirds from above and fish from below. Pollution in the microlayer, thus, has the potential to poison much of the aquatic food web.

The Law

The Federal Water Pollution Control Act (also called the Clean Water Act) prohibits the discharge of oil or oily waste upon or into the navigable waters of the United States or the waters of the contiguous zone if such discharge causes a film or sheen upon, or discoloration of, the surface of the water or causes a sludge or emulsion beneath the surface of the water. Violators are subject to a penalty of $5,000 from the U.S. Coast Guard. State law also prohibits the discharge of oil. The Michigan Department of Environmental Quality may impose additional fines.

Fueling Practices

Gas or diesel may be spilled during the act of fueling—as backsplash out the fuel intake or as overflow out the vent fitting. Spills of this sort harm aquatic life, waste money, and can result in stains on the hull and damage to the gel coat and striping. Follow these tips to avoid problems.

• Fill tanks to no more than 90% capacity—gas from cool storage tanks will expand as it warms up on board your boat.
• To determine when the tank is 90% full, listen to the filler pipe, use a sounding stick, and know your tank’s volume.
• Rather than filling your tank upon your return to port, wait and fill it just before leaving on your next trip. This practice will reduce spills due to thermal expansion because some fuel will be used before it has a chance to warm up.
• Fill portable tanks on shore where spills are less likely to occur and are easier to clean up.
• Use oil absorbent pads to catch all drips.
• Slow down at the beginning and end of fueling.

For Pollution Emergencies:
Call the Michigan Pollution Emergency Alerting System
(PEAS) at 1-800-292-4706