Chapter 4: The Legal Requirements of Boating
Waste, Oil, and Trash Disposal In New Mexico 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 It is illegal to discharge liquid or solid waste into New Mexico waters. 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.

Pump-Out Station Sign Signs like these are posted at pump-out stations in New Mexico.

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. Also notify the New Mexico Environment Department by calling 1-800-219-6157.

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 contact the New Mexico Environment Department and report the discharge; call toll-free 1-800-219-6157.
• 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

Stop the Spread of Aquatic Pests!

First discovered in the Great Lakes in the 1980s, zebra mussels and quagga mussels have spread to waters in more than 25 states by hitching a ride on vessels and trailers. Millions of dollars are spent annually to control and monitor these invasive species, which clog water pipes, foul boat motors, and kill native plants and wildlife by removing their food supplies. Although zebra mussels and quagga mussels have not been found in New Mexico, the mussels are in all bordering states except Texas. Once they contaminate open waters, they are impossible to remove.

The New Mexico Aquatic Invasive Species Control Act gives officers with the Department of Game and Fish and the New Mexico State Parks Division the authority to inspect vessels, trailers, or other equipment suspected of being contaminated with invasive species. The Act also requires that all vessels and equipment used in waters infested with invasive species be certified as decontaminated before entering New Mexico waters.

To prevent invasive species from spreading to New Mexico:

• Inspect your vessel and trailer. Remove any mud, plants, fish, or other debris you see before leaving the area.
• Drain all water from your boat and equipment before leaving the area.
• Rinse and air-dry everything that came in contact with water, including boats, propellers, trailers, live wells, bait buckets, equipment, clothing, waders, dogs, etc.
• Never release plants, live bait, fish, or other animals from one body of water into another.