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

It is illegal to discharge waste, oil, or trash into any New Hampshire 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.

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

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. An MSD is a separate mechanism attached to the marine toilet. The macerator inside the toilet and the reservoir beside the toilet are not marine sanitation devices. There are three types of MSDs, and all must be U.S. Coast Guard–certified. Types I and II MSDs treat waste with special chemicals to kill bacteria before discharge. Types I and II MSDs with “Y” valves that would direct the waste overboard must be secured or removed so that the valve cannot be opened. Type I and II MSDs are allowed only on marine waters. Type III MSDs provide no treatment and are either holding tanks or portable toilets. Collected waste must disposed of in an onshore pump-out station or mobile pump-out out. A Type III is the only type of MSD allowed on inland waters. All waters in New Hampshire are “No Discharge Areas.” It is illegal to discharge sewage—treated or untreated—into the water. If on inland waters, a vessel must have a holding tank with no through-hull discharge option.

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. 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.

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 New Hampshire Department of Environmental Services by calling:
603-271-3644 (oil spill)
603-271-3899 (non-oil spill)
603-271-3636 (after hours)

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 1-800-424-8802 and report the discharge’s location, color, source, substances, size, and time observed. Also report the discharge to the NH Department of Environmental Services.
• 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 Nuisance Species

Introducing harmful, non-native organisms into New Hampshire’s waters can lead to environmental damage and declines in the aesthetic and recreational appeal of our lakes, ponds, and rivers.

Variable Milfoil is a non-native plant that has taken over many bodies of water. The plant is spread easily when boat propellers, fishing line, or other recreational gear cuts off pieces of the plant. These pieces then can travel to new parts of the body of water to root or “hitchhike” on boats and trailers, diving gear, and fishing equipment to a new body of water. A single fragment of this plant can cause a new infestation.

Zebra Mussels are about the size of a human fingernail but cause damage to water supplies, industrial processing plants, and marine engines. Zebra mussels clog water intake pipes and can give bad odors to waterbodies. Their sharp shells also can cut the feet of swimmers.

To prevent spreading aquatic nuisance species:

• Inspect your boat and trailer, removing all aquatic organisms (zebra mussels and any aquatic plants).
• Drain your motor, live well, and bilge on land before leaving the area.
• Empty bait buckets on land before leaving the area.
• Never release live bait into a body of water or release aquatic animals from one body of water into another.
• Rinse your boat, trailer, live well, and equipment; and hand-remove anything trapped between the boat and trailer.
• Air dry your boat and equipment for as long as possible—5 days is optimal.
• Flush the engine’s cooling system with hot water.
• Apply antifouling materials such as paint and films to boat hulls, trim tabs, transducers, and swim­ming platforms to discourage zebra mussel attachment.
• Avoid boating through dense beds of aquatic plants.

Commonly Confused Look-Alike Aquatic Plants

For more information about exotic species, visit the New Hampshire Department of Environmental Services website. Report any new suspicious plant growths to the New Hampshire Department of Environmental Services by calling 603-271-2248.