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

It is illegal to discharge untreated waste, oil, or trash into any federally controlled or Oregon state waters. This is for very good reasons.

• Sewage carries disease and is 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

The discharge of any sewage from marine toilets is prohibited on Oregon’s freshwater lakes, impoundments, and reservoirs that are not accessible by boat from the ocean.

The use of approved types of marine sanitation devices (MSDs) is required on the Columbia, Willamette, and Snake Rivers and on the navigable portions of all coastal rivers. Discharge of untreated sewage is permitted only beyond the three-mile ocean limit.

There are three types of approved marine sanitation devices (MSDs).

• Types I and II MSDs treat waste with special chemicals to kill bacteria before the waste is discharged at sea. 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, 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 taken ashore and discharged into a local sewage treatment facility.

Holding tanks or potties should be emptied at public pump-out and dump stations. A complete list of free, public pump-out and dump stations is available from the Oregon State Marine Board.

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.

Report illegal sewage discharge to the U.S. Coast Guard or the Water Quality Division of the Oregon Department of Environmental Quality .

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

Discharge of Trash

The Act to Prevent Pollution from Ships “Marpol Annex V” places limitations on the discharge of garbage from vessels. It is illegal to dump refuse, garbage, or plastics into federally controlled or state 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.
• The penalty for littering from a vessel includes a fine and suspension of the vessel’s Certificate of Number.
• 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.

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.
• Do not use soap or dish detergent to disperse fuel or oil spills. Using detergents to disperse fuel worsens the problem and violates federal law.
• 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 Oregon Emergency Response System at 1-800-OILS-911 and report the discharge.
• 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

Outboard Emissions

Many boats and some PWCs are equipped with two-stroke engines. Conventional two-stroke engines produce roughly 14 times as much ozone-forming pollution as four-stroke engines. Also, 25-30% of the fuel and oil of two-stroke engines is discharged unburned with a portion lingering in the water column for a period of time.

Federal law requires marine engines to meet tough emission standards. Many new, clean-burning engines are already available; and the new technology provides easier starting, faster acceleration, quicker throttle response, improved fuel economy, and reduced fumes and noise. See www.boatoregon.com for more information.

Even though vessel engines currently in use are not affected by the phase-in, the Marine Board encourages retiring old engines and replacing them with newer, more efficient models.

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 Oregon Emergency Response System by calling: 1-800-OILS-911.

Stop the Spread of Nuisance Species!

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

• 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. Use of live bait is illegal in most Oregon waters.
• Rinse your vessel, propeller, trailer, and equipment.
• Air-dry your vessel and equipment for as long as possible.