Chapter 4: The Legal Requirements of Boating
Waste, Oil, and Trash Disposal in Minnesota 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 can also plug engine cooling water intakes.
- Pollution is unsightly and takes away from your enjoyment
of the water.
Boat 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.
Signs like these are posted at marine sanitation pump-out
stations in Minnesota.
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Discharge
of Sewage and Waste
Under state law, toilets on board boats must be no-discharge
devices (see exceptions below). Waste must be retained on
board for proper disposal after returning to shore.
If you have a recreational boat with permanently installed
toilet facilities, it must have an operable marine sanitation
device (MSD) on board. All permanently installed devices
must be U.S. Coast Guard-certified.
There are three types of MSDs.
- A 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 boats.
Waste is treated 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.
Type I and II USCG–certified treatment / discharge
marine sanitation devices are currently legal only on the
Mississippi River below Lock and Dam #2 (at Hastings) and
on Lake Superior. This is a result of the federal preemption
of state law. MSDs on boats less than 65 feet in length must
be USCG–certified Type I or II devices. |
Discharge of Trash
The Act to Prevent Pollution from Ships places limitations on
the discharge of garbage from boats. 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 boat
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.
Discharge of Oil and Other Hazardous Substances
Regulations issued under the Federal Water Pollution Control Act
require all boats 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 boat
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 boats, 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 boat
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 boating on federally controlled waters and your boat 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 |
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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 Harmful Exotic Species
Minnesota waters are threatened by a number of species of exotic
plants and animals, which often spread between waterways by hitching
a ride on boats and trailers. When moved into new waters, these
species rapidly multiply, damaging the water resource. It is illegal
to transport any aquatic plants, the Ruffe, Round Goby, Zebra Mussel,
Sea Lamprey, or other prohibited exotic species on public roads
or to launch a boat or trailer with these species attached.
You can stop the spread of nuisance species by doing the following:
- Remove any visible plants and animals from your boat, trailer,
and boating equipment before leaving any waterway.
- Drain water from the motor, live well, bilge, and transom
wells at the ramp or access before leaving any waterway.
- Empty your bait bucket on land. Never release live bait into
a waterway.
- Wash and dry your boat and boating equipment to kill harmful
species that were not visible at the waterway. Before transporting
your boat to another waterway, either rinse your boat and
trailer with hot tap water, spray your boat and trailer with
high-pressure water at a car wash, or allow your boat and equipment
to dry for at least five days.
For more information, contact the DNR Exotic Species Program,
Ecological Services, at 651-259-5100 or 1-888-646-6367.
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